If you are in the middle of a divorce, you may be getting advice from different people. While your family and friends may mean well, their stories do not necessarily express the realities of your circumstances. Sure, it’s important for you to rely on some people you know and share your undertakings with them. Your talks with them can be a significant source of support. However, they can also result in misunderstandings myths, and misconceptions being shared. You can learn more about the common divorce myths below:
Asset Division is Always 50/50
In the state of Alabama, marital assets are divided fairly or equitably between both spouses. But this division does not always mean equal. During the divorce process, there is no specific formula that dictates how assets are to be distributed. Also, there is no one factor that determines child support and spousal support. Rather, a lot of factors are taken into account when it comes to fair asset division. These include the financial status and earning capacity of every spouse, the contribution of every party to marital assets and even non-monetary assets, marriage duration, alimony, marital agreements, the ages and health of the spouses, and the future needs and responsibilities of every person involved.
Behaviors such as extreme cruelty and adultery do not always provide one spouse with the upper hand in asset division. These allegations should be proven before a family judge. Depending on the circumstances surrounding the divorce, these allegations may affect the settlement arrangement. But the divorce grounds do not necessarily impact equitable distribution. A skilled family lawyer can offer insights into your particular situation.
Divorce is Always Fought in Court
A lot of divorcing couples use an alternative dispute resolution such as arbitration or mediation to avoid litigation. Mediation allows spouses to personalize their divorce and settlement. It concentrates on communication and helping divorcing couples find areas of compromise.
In addition, it is not true that mediation only works for spouses who want to divorce amicably and expense a harmonious process. The truth is that mediation can be a good option for spouses if they are willing to communicate openly and compromise. Moreover, even if a divorce is being litigated, mediation can still occur. But regardless of your choice, working with the right lawyer is important.
Remember that not choosing alternative dispute resolution means you will have a challenging divorce. Even if you and your spouse have differing goals and perspectives, hiring the right attorney can help you resolve your issue, as long as you are committed to reaching a solution.
Kids Can Choose Who to Live With
Usually, child custody is a complicated and contentious divorce issue. No matter the custody outcomes, custody arrangements are meant to make sure the child is supported and can keep meaningful relationships with their parents. But what about if the child has a strong opinion about the parent they want to live with?
Courts in Alaba will take into account the preference of the child when making custody decisions. But this is when the child is already old and mature enough (19 years old) to provide an intelligent opinion. While the preference of the child does not control the decision of the judge, it weighs heavily on their final decision. It is important to work with your lawyer who understands the dynamics and needs of your family.
Keep in mind that working with a lawyer is not only about preparing and filing the paperwork. Having them on your side can be an advantage. They will help you make informed decisions, so you can protect your rights. Also, they can help you access resources, determine your plans, and offer insight into how your decisions can affect your future.
