Television shows and movies that portray the divorce process often depict it as an emotional courtroom drama or as simple as signing papers. The reality, however, is that divorce is typically neither of these extremes. According to Jessica Mason, author of “5 Divorce Myths to Legally Separate From (Even If You’re Single),” there are so many myths surrounding divorce, that it is often difficult to separate people’s expectations from reality. She discusses some of the more common misunderstandings about divorce:
- The court will take my side because my spouse was unfaithful. Most states, including Florida, are “no fault” divorce states. This means that either spouse can file for divorce without proving fault or something bad happened to cause the marriage to fail. While it is not necessary to prove adultery in order to obtain a divorce, it may still be a factor that impacts the outcome of the case if it is relevant.
- Divorce is just paperwork. When you “file” for divorce, you are filing a lawsuit. Even if your divorce is amicable, divorce requires you to go to the courthouse and most cases involve more than just signing a piece of paper.
- Each spouse gets half of the marital property. In most cases, the judge will try to divide the assets and debts in a fair and equitable manner. However, an unfair result can occur during the process of determining what constitutes marital (divided equally) and non-marital property (not divided). Additionally, there are certain types of property that cannot be divided. Thus, asset division is a complex process and you should seek legal counsel on how to best protect your interests.
- Mothers always get custody of the children. This myth is based on the fact that there used to be laws that expressly preferred custody to be awarded to the mother. Fortunately, none of those laws still exist. Custody decisions are based upon the best interests of the child. The laws are very clear that a custody decision cannot be based upon the gender of the parties. At Men’s Divorce Law Firm, it is our goal to try to maximize the amount of time that the children are with both parents as opposed to being with third-party caretakers.
Men often find it difficult to find a divorce attorney who understands the unique male perspective on family law matters. If you are facing divorce or you have other family law needs, our legal team is here to help. Contact the Men’s Divorce Law Firm to schedule a consultation with a caring professional, and aggressive advocate for men’s rights in divorce, child timesharing (custody), and paternity matters.