Divorce decisions are often clouded by a lot of myths from TV, friends, and casual conversations. These myths could lead to costly errors that mess with your finances, custody arrangements, and overall emotional well-being. It’s important that you know what’s really true about divorce, particularly in your state, before you proceed. Here are three common divorce myths that must be busted or else they might really hurt your case.
Myth: I Can Handle My Divorce without a Lawyer
If you believe that you don’t need to hire a legal expert when you and your spouse get along well and have agreed upon the major points, like property division, custody, and support, you’re wrong.
It’s true that an uncontested divorce is generally easier than a contested one, but you still have to deal with complicated legal forms that come with state regulations. For instance, if you’re getting a divorce in Georgia, there may be certain guidelines to follow concerning the division of assets, spousal support, and child custody. If you mishandle anything, it may end up affecting your case and leave you with court orders that can’t be changed later.
A top family law attorney for divorce in Atlanta understands family law and is better positioned to identify potential issues you may overlook. The attorney understands how to properly classify marital and separate properties, ensure that the custody agreement is in line with the state’s regulations, and protect your financial interests in the agreement. Without an expert, you may enter into an agreement that looks favorable but may actually hurt your interests once the divorce is finalized.
Myth: Adultery Will Automatically Cost My Spouse Alimony and Custody Rights
If you think that just because your spouse cheated on you, the judge will punish them by taking away alimony payments and full custody of the kids, you definitely believe a myth here. Georgia does consider adultery to be a valid reason for divorce, and also, the act of adultery can prevent the spouse from obtaining alimony. However, it would determine the custody of the child automatically. The best interests of the child become the criterion here.
It means that a parent’s infidelity alone won’t automatically deny them custody and visitation rights unless it adversely affects the child in some way. Moreover, if the affair occurred discreetly and the child didn’t witness the activity, the judge would probably not use this factor to deprive the spouse of custody.
Myth: The Mother Always Gets Custody of the Children
This has to be one of the most common misconceptions regarding divorce, and is rooted in old-fashioned notions of mothers being the primary caregivers. However, modern family law is gender-neutral. The best interests of the child will be taken into consideration when deciding on the child’s custody.
Just because you’re a mom doesn’t necessarily mean you have the advantage. You must also consider that courts are now more inclined towards awarding joint custody, or in some cases, primary custody to dads when the circumstances warrant it. It’s important not to fall prey to this myth, as it can lead dads to abandon their custody battle when they have a good shot at winning it, or cause moms to overlook important details thinking the outcome is predetermined.
Endnote
Divorce myths can make you commit a series of mistakes that can wreak havoc on your finances, children, and sense of calm for years to come. Don’t fall back on myths or hearsay when you can consult a knowledgeable family law expert who understands the law in your state and can share their honest expert opinion to save you from costly missteps.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.