We have all likely heard secondhand accounts of divorce, or read news stories
of celebrity divorces in magazines, or even watched dramatic depictions
of it on television and on the silver screen. However, these often just
perpetuate myths rather than provide clarity and truth regarding the divorce
process. As such, if you are considering a divorce, you might not know
what to expect, or perhaps have preconceived notions derived from exposure
to these myths over the years.
Here are some of the most common divorce myths debunked:
1.If you commit adultery, you risk giving up everything: While adultery might make you feel guilty, it certainly will not impact
your divorce settlement unless it involved a wasteful dissipation of assets,
which would be considered economic misconduct. Some angry spouses might
be inclined to use adultery as grounds for divorce, but since there is
nothing to be gained from it, it is best to just leave it out.
2.Your spouse can deny you a divorce: While a spouse can certainly make obtaining a divorce a bit more difficult,
he or she cannot stop it altogether. If you want out of your marriage,
you get out of it through a contested divorce.
3.Mothers automatically get the children: In the past, mothers were the favored parents, but these days, the court
does what is in the best interest of the children, which usually means
both parents get to remain involved in the lives of their children.
4.You must get divorced in the state you got married in: As long as one spouse is a legal resident of the state in which the divorce
is being filed, you can obtain a divorce, even if it is not the state
in which you were married.
5.Children can choose with whom they want to live: In child custody cases, the courts decide which parent the children will
live with, regardless of their preferences. In cases that involve older
children, the courts might consider their wishes, but ultimately, they
will choose the parent that serves the children’s best interests.
6.Contested divorces usually settle in court: Contrary to what you might witness on television, only a small fraction
of contested divorces end up going through litigation. In most cases,
the attorneys and both spouses are able to hash out an agreement that
allows them to bypass the time-consuming process of having to attend court dates.
Westlake Village Divorce Attorney
Divorce is never an easy decision to make, but is often necessary. I, Jeffrey
S. Graff, have more than 30 years of experience and have represented thousands
of clients in family law cases. No matter how complex your case is, I
will work diligently to help you obtain the results you need to move forward
with this new chapter in your life.
Contact my office today at (805) 633-4999 to schedule a free initial consultation.