Over the past few decades the way our society views divorce has undergone a rapid change. In the 1930s, certain states prevented couples from obtaining a divorce unless adultery was proven, forcing adults to seek relief in states like Nevada. Decades later the divorce rate has risen from 5% in the 1940s to almost 50% today. The increased number of women able to financially support themselves, comparative ease in the divorce process of today compared to past decades, and fewer social or religious penalties for divorce are all cited for the dramatic rise. Even though divorce is more common and less taboo, there are a few persistent divorce myths that refuse to go away.
Adultery Will Cost You Everything
Having adultery proved against you used to be one of the only ways a couple could be granted a divorce in many states. Now adultery does not have to be proved to get a divorce, but some people still believe that being found guilty of adultery has dire consequences. While cheating on your spouse may place you at a disadvantage during your divorce negotiations, it does not mean that you will automatically lose everything acquired during the marriage. Going into divorce proceedings believing your spouse has no rights to marital assets or custody because he or she was unfaithful could lead to a great deal of disappointment.
Divorce Always Requires Litigation
Contrary to what primetime television shows and popular books lead you to believe, divorce does not always require extensive litigation. It is possible that your divorce will be concluded without any courtroom drama or even a formal hearing in front of a judge. An uncontested divorce can be resolved in as little as 30 days with a judge doing nothing more than signing off on the agreement that you and your former spouse have created with the help of your attorneys.
Children Decide Custody
Your children do not have the right to make any final decisions regarding which parent they live with. Depending upon the age of your children, they may be allowed to express a preference that the judge can take into consideration, but they do not get to choose which parent they live with. In some cases, forcing the children to choose where they live can cause problems for them and one or both parents. Ultimately the court must protect the best interests of the child and the judge reviewing your custody case will go over your child’s educational, emotional, and physical needs when deciding which parent should have primary custody.
Talk to an Attorney
Believing in divorce myths or going through a divorce with a spouse who believes them can cause both parties unnecessary and easily avoidable trouble. Instead of making the mistake of basing your decisions and choices on beliefs that are actually incorrect talk to a qualified divorce attorney. An attorney can explain the divorce laws of your state and help you determine what course of action is best for your specific situation. The team at Vayman & Teitelbaum is prepared to provide the legal advice you need to make the best choice for your circumstances. With offices located throughout the Atlanta, Georgia metro area we are available to provide you with a private consultation to begin exploring your legal options.