Getting a divorce is not on anyone’s bucket list. No one goes into the wedding thinking of the divorce years down the road. And yet, more than half of Americans get a divorce today.
Divorce can be a complicated time filled with stress and a lot of emotion. But, Nelson, Taylor & Associates can help you sift through fact and fiction by dispelling these four common divorce myths. With more knowledge, you can be better equipped to make informed decisions regarding your divorce.
1. By committing adultery, you give up everything.
This is false. In many courts, divorce is viewed as the dissolving of an economic union and bad conduct is not factored in when dividing property. If a couple divorces with no-fault and no-contest, then the infidelity will not enter into the property settlement. Some judges may consider bad conduct with monetary issues as pertinent to the case, but adultery is excluded from this.
2. You must have a lawyer to get a divorce.
This is not true. All American citizens have the right to represent themselves in the court of law. Some jurisdictions have very easy ways for the average person to file for an uncontested divorce—the necessary paperwork to do so can be found online. Pro se (for himself or herself) divorces are easily done for simple divorces, meaning there are no kids involved, no arguments, no property, and both spouses are employed.
3. You have to get a divorce in the state you were married.
This is false. However, in most cases, at least one of the spouses has to be a legal resident in the state where the divorce is filed. A person can typically become a resident of a jurisdiction within a time period ranging from six weeks to a year.
4. A spouse can deny another spouse a divorce.
In times before no-fault divorce, one spouse could trap another spouse in a dead marriage for a variety of reasons, most related to money or social position. In today’s world, there is a liberalization of divorce, which sprouted in the 1970s in California. This means that if a spouse wants out of a divorce, the other spouse cannot trap them in the marriage. This no-fault divorce makes it so no one has to stay married if he or she doesn’t want to. This doesn’t mean that a reluctant spouse can’t try to stall the process of a divorce, but ultimately the stalling must end.
At Nelson, Taylor & Associates, we guarantee we will do our best to help you through your divorce and make it as painless and stress-free as possible. Call us for a free 30-minute initial consultation, either over the phone or in person at our office.