Five Myths About Divorce
When you go through or are preparing for a divorce everyone seems to have an opinion or insight into what you can and cannot do. Among the opinions will be a few myths. These myths are so common that we often spend consultation time dispelling these misunderstandings. Here, are the top misconceptions and myths we come across in our practice.
ONLY WOMEN RECEIVE SPOUSAL SUPPORT
At one point this may have been true due to traditional roles in the household. The husband was out working and the wife stayed home with the kids. Spousal support is used to provide financial support when there’s a significant income imbalance. Particularly when one spouse sacrificed potential income for the family. Alimony based on income, not gender. However, even with spousal support one or both parties may see their standard of living decline. Paying for one household is always easier than paying for two.
THE MOM ALWAYS GETS CUSTODY
Custody is given to whichever parent (or parents) will provide the best home environment for the child. This may even mean splitting time evenly between both parents. We look at what schedule would be in the best interest of the child or children, not whether mom or dad wants custody.
IF YOU HAVE PRIMARY CUSTODY, YOU CAN MOVE OUT OF STATE
Having primary custody does not mean you can freely move out of state or far away from the other parent. Even if the other parent only sees the kids every other weekend, you still have to consider travel cost, time spent in the car, and several other factors that can affect child visitations. You will usually need the other parent’s permission or a court order to move out of state.
YOU DO NOT NEED A LAWYER TO GET A DIVORCE
This is actually not a myth. In fact, you do not need a lawyer, but it’s normally in your best interest to have one. Having an attorney on your side often prevents a future conflict that may arise since attorneys already know what people have disagreements about. People tend to think that bringing lawyers into a divorce will make the process more difficult, expensive, and drawn out. However, a good lawyer will often try to find ways to save you money, prevent future and present conflict and help guide you through the process as much as possible. It’s also important to remember that if your spouse has a lawyer, that person works solely for your spouse and not the both of you. No attorney can represent both spouses in a divorce.
KEEPING SEPARATE ACCOUNTS MEANS YOUR MONEY IS SAFE
Keeping money in a separate bank account does not make it just yours. With very few exceptions, any money made during the marriage is marital money, even if it was kept in a separate account. We don’t look at whose name is on an account (whether a bank, retirement, or investment account) but instead when that money was earned. If it was earned during the marriage, it will most likely be classified as a marital asset.
Contact Us!
If you have more questions please call our office to schedule a low-cost consultation at 980-225-1832. You can also email us at Info@DuncanLarsonLaw.com.
