If you have not been through a
divorce but are considering filing, chances are you have heard many contradictory
or flat-out untrue things about the process. These myths may have even
caused you to take or prevented you from taking certain actions. No matter
where you may be in the divorce process, it is important to keep in mind
that much of what you hear may only be rumor.
To help, our Charlotte family law attorneys have put to rest the following
four myths about divorce:
Myth #1: Mothers are Always Awarded Child Custody
Many people believe that
child custody is only awarded to mothers. Although this may have been the case in previous
decades, laws associated with divorce have evolved to reflect that mothers
and fathers have the same rights when it comes to child custody. The decision
about which parent will be granted custody will depend on the best interests
of the child and which parent is best suited, financially and otherwise,
to support the child.
Myth #2: My Ex Will Get Half of Everything I Own
Because North Carolina is an equitable division state, the court will divide
property between spouses in an equitable, or fair. All marital property,
which includes any property that was acquired or earned during the marriage
(excluding those received as gifts or inheritance), will be separated
based on what the judge believes is fair for each party. Uneven distribution
may occur if one spouse has a greater income or ability to pay assets
or alimony. In addition, unequal division can occur if one party is allocated
a larger amount of marital debt.
Myth #3: Divorces are Filled with Fights and Emotional Stresses
Although some divorces are full of blame and hostility, many other divorces
are resolved cooperatively without resentment and aggression. In fact,
many divorcing couples find it beneficial to hire an attorney that can
mediate the process of divorce in order to minimize any negative emotions
or avoidable issues.
Myth #4: You Don’t Need a Lawyer
While a person wishing to file for divorce is permitted to represent himself
or herself, it is not wise to do so. Because divorce cases can be highly
complex due to the large number of variables that must be considered,
it is highly recommended that divorcing couples retain seasoned legal
counsel in order to streamline the process. An experienced divorce lawyer
can ensure that a person’s rights, assets, and future are protected.
If you are contemplating divorce, we urge you to
get in touch with our Charlotte divorce lawyers at Dummit Fradin Attorneys at Law right away. We have the knowledge and
skills it takes to handle all aspects of your case both inside and outside