On the internet, you can find a lot of information about divorce. Some of it is accurate, but unfortunately, a lot of it is not. It can be tough to tell what’s true and what’s false surrounding divorce. When it comes to divorce, misinformation can cost you because you need to have an accurate idea of the process.
Adultery will cost a person everything
Many people believe that adultery will result in the person cheating losing everything in the divorce. While that makes for great drama on TV and in the movies, it’s not the way it works in real life. An affair can cost someone their marriage, but it does not have an impact on divorce settlements in most cases. In Washington and many other states, the concept of no-fault divorce applies, and this means no one has to take blame for the end of a marriage. Unless an affair has affected the marital finances, it will not come into play during the property division. The same applies to child custody; unless an affair has directly impacted parenting ability, it will not be an issue.
A mother will always get custody
The idea that the court will always favor the mother is a common myth many people still believe when it comes to child custody. Although this was once true, times have changed. While men may feel as if they are at some disadvantage in a custody dispute, there is no preference given to parents because of gender. Each parent has the same chance of gaining custody and should engage a family attorney in Kent for help in this area.
Overall, the goal is to serve the best interests of the children, and that is what will guide custody decisions above all else. The courts in Washington do see the value of having both parents actively participate in a child’s life, so unless there are some extreme circumstances, the parent who is unable to get custody should at least be able to receive regular visitation.
Divorce can be denied
No one can prevent you from being divorced, including the other spouse. Even if your spouse doesn’t want the divorce, it will still proceed without his or her consent once you file the necessary documents in court. Of course, this isn’t ideal, as it’s likely the divorce will drag out in court if your spouse won’t cooperate, but he or she cannot stop it from happening. A family attorney in Kent will be able to advise you on the routes available to you for divorce and what you can possibly expect in your case.
Every divorce will go to trial
When you think of your divorce, you probably immediately picture a courtroom complete with attorneys in suits, judges and gavels. Both sides of the case bring in witnesses, make objections, and cross-examine, with the whole scenario playing out like an episode of a courtroom drama. However, this isn’t usually how it goes. Most divorces don’t go to trial.
While divorce can end up playing out in front of the court, many couples are able to reach a settlement outside the courtroom instead. When both spouses can agree on the major issues, a divorce can actually be relatively simple. The less complex a marriage is in terms of property, duration and whether kids are involved, the smoother the divorce usually goes.
In divorces with more conflict, avenues like mediation offer alternatives to the courtroom. In mediation, both sides can sit down with their family attorney in Kent and work with a neutral third party to reach an acceptable divorce settlement. This usually results in an outcome both spouses are satisfied with, as they made the decisions instead of a judge making them on their behalf.
The divorce myths above are quite prevalent, and a web search is likely to turn up even more. With all the misinformation at your fingertips, it’s important to weed out the myths from the truth. If you have unrealistic expectations, you could end up harming your own case, which is why it’s important to seek legal advice.