If you are interested in filing for
divorce, it is common to have many questions about the legal process. While it
is natural to seek advice from friends and family, especially those who
have experienced divorce for themselves, there are popular beliefs and
notions which many people believe as truth. However, each situation presents
its own unique circumstances which don’t apply to any other case,
which is why it is important to only seek advice from an experienced family
The following are the most common myths about divorce:
The mother automatically gains primary custody of the children – When it comes to
child custody disputes, judges in the past were biased toward mothers. Today, the court
makes such decisions based on the best interests of the children. The
court will determine parenting time and visitation rights based on the
child’s health, age, relationship with both parents, history of
abuse or criminal activity, etc.—but not the gender of the parent.
Adultery is a significant factor in divorce – Although cheating during the marriage is considered a common cause
of divorces, adultery isn’t considered a factor in divorce proceedings—especially
property division. However, if you or your spouse used marital assets to support the affair
(i.e. purchasing expensive gifts, taking lavish trips, and/or booking
hotels using funds from a shared bank or credit card account), then adultery
will be taken into consideration. If the affair had a negative impact
on the children, then it can play a role in determining child custody.
Men always pay
alimony to women – In today’s society, more and more women have become the
breadwinner of the family, earning significantly more money than their
partner. Spousal support is granted to the spouse who has been financially
supported throughout the marriage. If the wife makes more money than the
husband, then the latter would most likely receive alimony. Keep in mind,
permanent alimony is generally awarded to the spouse who stays at home,
raises the kids, has been out of the job force for a long time, and requires
education and vocational training to obtain employment.
Divorce is always hotly contested – While some divorces can be long and costly battles, many are civil
in nature. The only time couples involve the court is when they cannot
agree to one or more issues of the divorce agreement (e.g. alimony, property
division, child custody,
child support, etc.). In most cases, couples can resolve their disputes through mediation,
where they have an opportunity to determine their own settlement without
allow a judge to decide. Working together often yields positive results
for both parties compared to court litigation.
If the other party fails to pay child support, you can deny visitation – When a noncustodial parent falls behind on child support payments,
it is not uncommon for the other party to refuse child visitation. In
the eyes of the court, child support and visitation are two separate issues.
Withholding child support payments and/or visitation rights can each result
in contempt of court, which carries several penalties including jail time.
If the other party fails to pay child support, you must take legal action
instead of taking matters into your own hands.
Want to file for divorce in Daytona Beach, FL?
Contact our experienced divorce attorney at the
Law Offices of Robert Stepniak today.