Have you ever gone through a divorce? Are you about to get divorced? Read on to learn more about 4 common divorce myths.
For every 1,000 marriages in 2019, only 14.9 ended in divorce. Despite how often married couples file for a divorce, there are still many divorce myths floating around. These myths could make filing for divorce more stressful if you lack the proper information.
Here are four common myths to reconsider. Understanding the truth surrounding a divorce could help you make more informed decisions regarding your own situation.
Read on to learn more with this divorce guide today.
1. You Must Divorce Where You Married
You don’t need to dissolve a marriage in the state where you were originally married.
People often move for family members, their careers, or for other reasons. It’s unlikely your life will remain completely static over time. As a result, you can file for divorce anywhere, regardless of whether you’ve moved since getting married.
However, you must meet residency requirements before filing for divorce. These requirements can vary between states or even counties.
For example, some states have a residency requirement of 180 days. In some counties, you must live in the area for at least three months before filing for divorce. In these cases, you might consider filing in the county where your spouse lives instead.
Before filing for divorce, make sure to hire an experienced divorce lawyer. Look for an attorney who has years of family law experience. Confirm that they’ve practiced in Minnesota for at least a few years.
An experienced local attorney will have a deeper understanding of the laws and procedures relevant to divorce law. These lawyers can guide you through the process while helping you avoid costly mistakes. They can help you understand how jurisdiction impacts divorce before you begin the legal process.
2. Mothers Always Get Custody
Mothers won’t always receive custody of the children in a divorce. Even so, many fathers feel at a disadvantage when child custody is involved.
The court recognizes the importance of both parents remaining active in a child’s life after a divorce. As a result, mothers and fathers have identical rights when it comes to child custody.
The child who represents the best choice for the child’s well-being and future is often the one to walk away with custody.
If children are involved in your divorce, make sure to find a family law attorney with child custody experience. Their experience could make it easier for you to fight for custody. An experienced attorney will help you review your legal options to ensure you make the best possible decision.
3. Your Spouse Must Agree to Divorce
Both parties do not need to consent to end a marriage. The government won’t force you to remain married against your will. However, having your spouse agree to a divorce could streamline the entire process.
If your spouse doesn’t respond within the necessary timeframe, once you file the necessary paperwork, you’ll need to file a motion for default.
It’s also important to note that Minnesota is not a community property state (in which marital property must get divided in half). Instead, Minnesota adheres to the equitable distribution or “separate property” concept.
Alimony Is Always Awarded
Alimony isn’t always rewarded in divorce cases. Rather, a judge will determine whether or not a spouse receives alimony based on specific factors.
For example, the judge might consider each spouse’s standard of living. They might also consider the responsibilities each spouse had in the marriage. The judge will also consider the overall length of the marriage before awarding alimony.
Adulterers Lose Everything
Some people assume that, if one spouse has an affair, the other is obligated to receive everything after filing for divorce. That’s not the case. Adulterers won’t lose their car, house, and kids.
Infidelity won’t have a total influence on the divorce settlement.
Minnesota has a “no-fault” divorce law. In other words, you won’t need to prove your spouse did something wrong to file for divorce. Rather, you’ll need to prove there was an “irretrievable breakdown of the marriage.”
An irretrievable breakdown indicates there’s no hope you and your spouse can live together as spouses.
In most cases, adultery won’t impact the division of property unless the adultery impacted your finances. For example, perhaps your spouse drained your joint savings account after buying gifts for someone else.
Adultery also won’t impact a child custody case entirely unless the affair impacted parenting ability.
Make sure to talk to a divorce attorney with relevant case experience if an affair was involved. They can help you make informed decisions regarding your case.
4. You Don’t Need a Lawyer
You don’t always need a lawyer to dissolve a marriage. However, hiring an experienced divorce attorney can streamline the entire process. A “DIY” divorce isn’t always the best route.
For example, your spouse might take advantage if you don’t have a lawyer representing you. Your lawyer will consider your best interests throughout every step of the process. Having a divorce attorney at your side could help you avoid a more complicated divorce.
Most Divorces Go to Trial
About 41% of first marriages end in divorce. However, not every case goes to court.
When people imagine filing for divorce, they often think of a courtroom setting. Not all divorce cases go to trial, though. You won’t necessarily have to worry about cross-examinations or a judge handling your case.
If you and your spouse are able to come to an agreement, you won’t need to see the inside of a courtroom.
If you and your spouse are struggling to come to terms, consider hiring a lawyer. Meditation, arbitration, and collaborative divorce proceedings can help. A lawyer will help you negotiate with your spouse until you can reach a mutually agreeable settlement.
Ignore These Divorce Myths: Hire a Lawyer Today
Don’t let these common divorce myths stop you from filing for a divorce. Instead, take the time to hire an experienced attorney. You can leverage their years of family law experience and expertise to make an informed decision before filing.
With a lawyer’s help, you’ll also have peace of mind that someone is fighting for your best interests every step of the way.
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