Divorce is a complex and often emotionally-charged process and there are many myths and misconceptions surrounding it. Here are six common myths about divorce, along with the truth behind each one.
Myth #1: Divorce Is Always a Lengthy and Expensive Process.
In some cases, divorce can be a lengthy and expensive process, especially if there are complex issues to be resolved or if the parties are unable to agree on the terms of their divorce. However, this is not always the case. In some states, it’s possible to obtain a divorce in a relatively short time and at a relatively low cost through a process known as “no-fault” divorce. This type of divorce allows the parties to end their marriage without assigning blame or proving fault, and it can be completed more quickly and inexpensively than a traditional divorce. A Knoxville divorce lawyer can help guide a person through the process.
Myth #2: The Court Always Favors the Mother in Child Custody Cases
In most states, the court’s primary concern in child custody cases is the best interests of the child. This means that the court will consider a variety of factors, including the child’s relationship with each parent, the child’s preference (if the child is old enough) and the ability of each parent to provide for the child’s needs. The court may award custody to either the mother or the father depending on the specific circumstances of the case.
Myth #3: It’s Impossible To Divide Property Fairly in a Divorce.
The key to a fair property division process is to have a clear understanding of what property is considered “marital” and what property is considered “separate.” Marital property is property that was acquired during the marriage and is typically subject to division in a divorce. Separate property, on the other hand, is property that was acquired before the marriage or through inheritance or gift, and is typically not subject to division in a divorce. With the help of a divorce lawyer, it’s possible to divide marital property fairly and in a way that is equitable for both parties.
Myth #4: Divorce Is Always a Contentious Process.
While it’s true that some divorces can be contentious and difficult, this is not always the case. Many couples are able to successfully navigate the divorce process and come to mutually-agreeable terms. Mediation and collaborative divorce are two methods that can help couples avoid the conflict and high costs often associated with traditional divorce proceedings.
Myth #5: The Divorce Rate Is High and Increasing.
The divorce rate in the United States has actually been declining in recent years. According to data from the National Center for Family and Marriage Research, the divorce rate in the US peaked in the 1980s and has been gradually decreasing since then. In fact, the divorce rate is currently at its lowest point in over 40 years. To be fair, this trend is happening in part because the marriage rate is falling rapidly as well over the same time period.
Myth #6: Children of Divorced Parents Are More Likely To Have Mental Health Problems.
While it’s true that children can be affected by their parents’ divorce, it’s not necessarily the case that they will have mental health problems as a result. Some studies have shown that children of divorced parents can have better mental health outcomes than children of parents who stayed together in a high-conflict marriage.
Many myths and misconceptions about divorce prevail, which can lead people to make decisions based on incomplete or incorrect information. There are many resources available to help people understand the legal and financial aspects of divorce so they can make informed decisions and avoid potential pitfalls.