Divorce Myths. Divorce is such a hot-button topic that it is easy to start believing everything you see and hear on television. A few of those stories could very well be true, but in all likelihood, most if not all of them are completely wrong, overblown, or do not represent what happens with the majority of failed marriages.
And yet, a slew of divorce myths continue to stand the test of time. Nelson Law Group PC in Flower Mound prides itself on explaining how the process really works so that you know what to expect if you find yourself contemplating divorce.
So with that said, here are 7 divorce myths that people think are true but simply are not:
1. Divorce is always contentious
Not every marriage ends with sirens blaring and spouses going at each other like a couple of wild animals. Unfortunately, that is the perception that movies and the news have given us over the years. And yes, we have all had that friend whose divorce was emotionally painful and riddled with hostility, blame, and finger-pointing. So it is no wonder we wholeheartedly believe this myth. The reality, however, is that there are just as many uncontested divorces where spouses separate amicably. Furthermore, you have a choice in how your divorce plays out.
2. Moms, women always receive spousal support and child custody
Simply put, child custody is awarded based on the best interests of the child. Texas law considers several factors, including who is best equipped to care for the child moving forward, if there is a history of family violence, and more. Whether or not that person ends up being the father or the mother depends on the situation. The same is true for spousal support. Any spouse placed in a compromising financial spot as a result of the divorce can be eligible for spousal support.
3. Assets are divided equally
Texas is a community property state, which means property and asset division is divided in a way that is just and right — not split 50-50 down the middle. Each marriage is different and dictates which factors should be considered in a divorce case. As a result, a court has broad discretion when dividing a community estate and generally considers a number of factors, including the spouses’ ability to support themselves, a spouse’s wrongdoings, the financial costs incurred by one spouse while the suit is pending, the nature of the couple’s property, etc.
4. You must have a lawyer to get divorced
Yes, you can represent yourself in a divorce case. Should you? Probably not. Doing so is much more complicated than you think and opens the door to a myriad of potential problems, whether it be financial ramifications or potentially incriminating yourself on accident. In almost all cases, hiring a lawyer to represent you will ultimately save you time, money, and heartache in the long run.
5. Second marriages are more successful
Many people believe that because they went through a divorce once, that means they have learned from their mistakes by the time they choose to remarry. As a result, second marriages are happier and far more successful. This is a myth. According to an article by divorcesource.com, the divorce rate for second marriages jumps to 60% — higher than the rate of first marriages.
6. Someone is always at fault in a divorce
Many marriages do end with some form of transgression, whether it is adultery, abandonment, or something else. But in other instances, couples realize they simply are not compatible.
7. There is a timeline for divorce
Every divorce case is different. One case could be a nip and tuck deal that gets wrapped up pretty quickly. Another could involve bickering spouses, millions of dollars in marital assets that need to be divided equitably, and children stuck in the middle. Therefore, it is impossible to put a timeline on the process. Generally speaking, a divorce in Texas could take a year or longer.
Call Nelson Law Group today!!
If divorce is the answer, you need a trusted advisor to guide you through each stage of your divorce and help you deal with the fears that naturally come with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group brings nearly two decades of experience in family law to each and every case.
Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. Our staff is always available. Give us a call today! For more information about Brett A Nelson, click here.