Divorce Attorney Scott J. Stadler

    • 11 JUN 18
    Busting Five Common Divorce Myths

    Busting Five Common Divorce Myths

    For many people, family is one of the most important aspects in life. That is why the decisions people make regarding their family require so much thought and consideration. People generally do not take the decision to get married lightly, and the same goes for the decision to pursue divorce.

    When times get tough, divorce is an option many people consider. However, one of the most important aspects of a life-changing decision is understanding all of your options before making your ultimate choice. When it comes to families and divorce, understanding some of the most common myths surrounding divorce can often help guide your choices and decisions. Having a clear focus when considering something like divorce may make a big difference in how you approach it. This post will explore some common divorce myths that just might change how you view the divorce process.

    Divorce is too Expensive

    It is no secret that a divorce can be costly, and there is certainly no shortage of high profile celebrity divorces to reinforce that idea. However, it does not have to be true. Much of the cost associated with divorce is related to often antiquated and adversarial courtroom divorces where couples fight out their case in front of a judge. While there is certainly a role for the court in divorce proceedings, there are many options nowadays that limit the need for court involvement.

    For instance, mediation is a process most couples divorcing in Florida will need to go through. Understanding this requirement and recognizing the potential benefits it may have for you and your spouse can help you prepare for the process and be more amenable to what it could mean for you in your individual circumstances. Tools like mediation offer a more cost-effective approach to divorce while allowing individuals to retain more control over the divorce settlement. Not only does this help each spouse become more invested in the process, but these alternatives to courtroom drama can save time and money throughout the divorce process.

    Women Always Get Spousal Support

    Spousal support, traditionally referred to as alimony, is an obligation for one spouse to pay financial support to another spouse in the event of divorce. However, there is no automatic spousal support award. Such awards must be requested in court and awarded by the court. The amount and duration of any potential support arrangements depend heavily on the circumstances of the marriage and the divorce.

    While it is true that women were traditionally the recipients of spousal support, that has changed significantly in recent years. In fact, spousal support for men is increasingly more common in Florida and throughout the country. Much like many considerations factor into whether spousal support will be awarded, there are many nuances that can impact which spouse receives the award if an award is deemed appropriate. An experienced Florida divorce attorney can help you understand more about the state’s spousal support laws.

    Women Always Get Primary Custody

    While traditional notions of divorce often see the mother retaining significant custody rights when it comes to marital children, there is no law that states they should. Many factors are considered when awarding custody in a divorce case and any custody plans presented to a court or determined by a court will need to address the child’s best interests in detailing the arrangement.

    Countless studies have also demonstrated that a child’s best interests are served when the child is able to maintain a close relationship with both parents. As such, Florida courts operate under the presumption that custody should be split between parents as much as possible in the event of divorce. While it is likely that one parent will retain more custody time with the child or children in question, this is typically a result of simple logistics rather than favoring one parent over the other.

    There are many different options when it comes to custody arrangements. It is extremely important for your Florida divorce attorney to take a thorough and dynamic approach in helping you explore these options, especially since it can be far easier and more cost-effective for couples to determine a custody agreement on their own through mediation and negotiation instead of leaving it up to the courts.

    Assets are Distributed Evenly

    We often hear about divorcing couples splitting everything down the middle. While it is nice to think that both spouses will agree to do just that, it is rarely feasible. For instance, you cannot realistically divide a marital home down the middle. Either one spouse will stay indefinitely or for a period of time, or the home will be sold. Either way, there are a lot of unanswered questions related to asset division.

    The fact of the matter is that Florida, like many other states, is an equitable distribution state. That means that courts seek to secure divorce settlements that divide assets and debts equitably. That does not always mean that such assets will be divided in half, though, and working with an experienced Florida divorce attorney to understand more about how assets could come into play in your individual circumstances is an important part of approaching the negotiation process and understanding your options.

    Divorce is the Only Option

    This may just be the biggest myth of them all. While divorce certainly plays an important role in many circumstances and with many marriages, it is not always the right answer for everyone – at least not at the first sign of trouble. There are a number of different opportunities to work on strengthening and building a relationship that is struggling.

    Only you know if divorce is the right answer for issues you are facing in your marriage. If you believe that divorce is right for you and your family after exploring the different options that might be available to you, working with an experienced and dedicated family law attorney can be an important first step in the process. To find out more about the options that might be available to you, including more information about the divorce process and how it could impact you and your family, contact Scott J. Stadler to schedule a consultation today.