Divorce is a complicated matter with many laws and processes. As a result, many people misunderstand how a divorce works.
People should be aware of misconceptions that could deter them away from divorce. Here are some common myths about divorce debunked:
Myth 1: A divorce must go to trial
Truth: Unlike what is seen on TV, a couple can reach a divorce agreement without going to court. An agreement typically must cover all relevant divorce matters, including asset division, child custody and support and alimony. Settling a divorce agreement can be cheaper and faster than if it went to court. A divorce will go to court if a couple can not agree on all divorce matters.
Myth 2: All assets are divided
Truth: Assets that are acquired during a marriage are part of the marital estate, including real estate, business assets, savings accounts and retirement accounts. Certain assets are exempt from the marital estate. Assets that were acquired before a divorce, gifted or inherited are all considered separate property. A prenuptial or postnuptial agreement can also be drafted to dictate how separate and marital assets are distributed in a divorce.
Myth 3: A divorce can end all issues
Truth: Divorce may be better than a marriage, but it may not help resolve issues present in a marriage. Those seeking divorce because of financial issues, communication difficulties, child custody issues and emotional distress should know that these problems may not go away after a divorce. For example, a divorce may not stop a spouse from neglecting their child or failing to pay child support.
Legal guidance can help people who are exploring their divorce options.
