Divorce myths are incredibly common, permeating our perceptions of reality. However, much of what many may believe to be fact is actually fiction, and usually best suited for TV dramas. If you are considering divorcing your spouse, it is important to debunk these myths. Here is a list of some of the most common myths about divorce.
- If you commit adultery, you are giving up everything. Infidelity is not actually something most courts ever consider during the division and distribution of the marital estate. If other factors are involved, such as children, a judge may consider a spouse's conduct when making his ruling. However, adultery would still have to be proven, which is not usually easy to accomplish.
- A spouse can deny the other a divorce. If someone wants out of marriage, the other spouse cannot stop him or her. Of course, it is easier when the other spouse does not try to stall the divorce, but ultimately the divorce cannot be prevented if one partner wants to end it.
- The mother automatically gets custody. This may have been true in the past, but nowadays, courts will base a decision on the child's best interest, regardless if the custodial parent ends up being the mother or father.
- You have to divorce where you get married. You do not have to divorce in the state where you got married, but at least one spouse should be a legal resident in the state where you do choose to file for divorce.
- Children can choose the parent they would like to live with. In a contested case, the courts will base a decision on the best interests of the child. Unless the child in question is older, perhaps a teenager, courts generally do not consider the wishes of a child when determining custody.
The Katy divorce attorneys at The Springer Law Firm, have over 35 years of trial-tested experience. Whether your divorce is amicable or contentious, we can guide you through this process every step of the way.
Call us today at (281) 990-6025 to schedule a consultation.