Some Common Myths of Divorce

There are several myths surrounding the legal process of divorce. People tend to think that either divorce is a messy emotional battle or it is a simple process of signing some papers. In reality, the legal process of divorce is quite different.

Some of the most common myths associated with divorce include:

1. It matters if your partner has cheated

This is a major misconception. It does not matter to the court whether your spouse cheated on you or not. It also does not make a difference on how the property and debts between the two of you would be divided. By and large, most divorces nowadays are “no fault” divorces where no party is deemed responsible for the break-up and neither of the two parties will appear bad in the eyes of the court. There was a time when divorces were granted on grounds of adultery, abuse or abandonment but that is no longer the case. If you want a divorce, you can get it as long as you fulfill a six month waiting period.

2. It’s just a matter of signing a few papers

Unlike what we see in TV shows, divorce is not just about signing papers. A divorce is actually a lawsuit and it involves going to the court house, filing petitions, paying fees and waiting for a judge to sign the final decree. Divorce takes time and money and may also involve serving papers on your spouse.

3. Everything is divided equally

While there is no doubt that courts attempt to divide property and debts equally and fairly, it is also a fact that they try to look at all factors realistically. Sometimes, a 50/50 division on everything is not fair or equitable. Property division can be a fairly complex. There is some property that can be divided equally and then there is some non-joint property, the division of which varies from state to state. In some states are equitable distribution states while others are community property based.

4. It’s good to hide your assets

Many people think that hiding their assets is a great idea. That is absolutely incorrect. In most cases, if you try to hide your assets, you are likely to be found out. Most divorces that are contested require both sides to present their financial records so any sudden withdrawals immediately before filing for divorce will become abundantly clear. More importantly, it is illegal to hide your assets or destroy them during a divorce. While adultery is of no interest to courts, hiding assets can get you in big trouble with courts.