If you are experiencing a divorce, family and friends will most likely be by your side throughout every step of the process, constantly providing “helpful” advice. However, it is important to be aware of common myths and misconceptions about divorce that people actually believe to be the absolute truth.
Common divorce myths include the following:
- If you commit adultery, the at-fault party gives up everything. The court will consider a divorce as the dissolution of an economic unit. In Florida, adultery is not considered a factor in property division and even spousal support. However, if the court determines that the cheating spouse used a large amount of marital assets on an extramarital affair, then adultery will be a factor in determining financial matters.
- The mother gets the children outright. Most often the mother is designated as the custodial parent, while the father provides child support. However, when a divorce is hotly contested, the court will make their decision on custody based on the best interests of the child.
- If a noncustodial parent ignores to pay child support, you can deny visitation. In the eyes of the judge, child support and visitation are separate issues. Courts typically frown upon parents who try to use this tactic as a means to gain leverage in financial matters. But if a noncustodial parent fails to pay monthly child support, you can take the case to court.
- A spouse can deny the other spouse a divorce. Florida is a no-fault divorce state, which means that if one party wants to end the marriage, then the other cannot trap him or her from getting a divorce.
- Most contested divorces are settled by court litigation. Not exactly. Most divorce agreements are reached during the mediation process because court litigation is often lengthy and expensive.