There are several myths and misconceptions surrounding divorces, which many people have accepted as facts. These hearsays are so popular that divorce lawyers spend time clearing the confusion with their clients. It’s essential not to take legal advice from anyone who isn’t a law professional.
Also, no one can fully understand what the divorce experience truly is until they’ve been there. You wouldn’t want to be carried away by hearsays that can hurt your case. Here are some false assumptions about divorce and some explanations to debunk the myths.
Mothers Always Get Custody of Children
This misconception is one of the most difficult to dispel because it was once true. The old custody law of awarding maternal custody was from the assumption that mothers are better nurturers. However, modern laws award custody in the child’s best interest, irrespective of the parent’s gender.
It also considers that a child needs to have a relationship with both parents. A court may determine that making the mother a primary caretaker isn’t in the child’s best interest. In such a case, the child’s father is likely to get primary custody.
All Divorces are Nasty and Messy
Many couples feel that the only way to get a fair settlement is by fighting the other party. While divorces are challenging and sensitive issues, most get resolved amicably outside courts. Your divorce attorney West Chester PA can help you with ways to get divorced in a civilized manner.
An amicable divorce through mediation, for instance, is healthier for your future co-parenting relationship.
Each Party Gets to Keep Any Property in Their Name
This assumption is not always valid. Even if you had property before marriage, and in your name, your spouse may be eligible for a portion. The exception is if you both signed a prenuptial agreement; otherwise, it’s marital property.
In Pennsylvania divorces, the division of marital property is according to the law of equitable distribution. Your ex may not get the asset but a share in the value of its increase during the marriage. However, don’t assume that you’ll get to keep or lose any particular property.
Hiring an Attorney is Expensive
Many people wrongly assume that it cost a lot to hire a divorce lawyer. On the contrary, representing yourself in a divorce case may cost you more, due to your limited understanding of the law. However, hiring a divorce attorney in West Chester, PA, can protect your interest and get you a better settlement.
Committing Adultery Affects Parental Rights and Spousal Support
A spouse cheating during the marriage doesn’t prevent them from getting alimony or child custody when divorcing. There are several criteria the court considers when determining custody and spousal support, and infidelity isn’t one of those factors. However, if a judge personally doesn’t agree with adultery, it may affect the value of alimony you’ll get.
Men Always Pay Alimony and Child Support
As workplace equality becomes increasingly popular, it isn’t unusual for wives to earn more than husbands. Therefore, the law regarding who pays alimony and child support isn’t gender-based. If a wife greatly outearns her husband, he can receive spousal support and vice versa.
The courts will also consider custody arrangements and the couple’s financial situation before deciding who pays child support.
Besides these common misconceptions, there are several others that people believe about divorces. To be on a safer side, divorcing couples should always consult a divorce attorney in West Chester, PA. They can answer any question regarding divorce proceedings in the state.