Five Common Myths About Getting A Divorce
For most people, their knowledge of divorce and all that is involved in ending a marriage comes from what they hear from family and friends. When it happens to you, it can come as a shock to find that much of what you heard does not apply. To get the facts and to find out the specific laws that are likely to apply, speak with our Fort Lauderdale divorce attorney. The following are five common myths we hear from clients.
- Getting a prenuptial agreement before you get married makes it more likely to get a divorce.
One of the biggest myths is that getting a prenuptial agreement ‘jinxes’ your marriage and makes it more likely to get a divorce. Nothing could be further from the truth. The National Institutes of Health (NIH) reports that disputes over money are among the most common causes of marital conflict. Learning how to communicate openly and honestly about these matters strengthens your marriage, making it less likely to get divorced.
- You and your spouse must both agree in order to file for a divorce.
It is not uncommon for one spouse to want to end a marriage while the other wants to keep trying. In some cases, your partner may refuse to consent to a divorce purely out of spite. Fortunately, both parties do not need to consent or agree in order to get a divorce in Florida.
- Your spouse will take everything as part of a divorce settlement.
This is a common threat in divorce. Your spouse may have vowed to take everything if you leave, but state laws prevent this from happening. Under Section 61.075 of the Florida Statutes, any property and assets accumulated over the course of your marriage, such as homes, cars, personal belongings, and money in bank accounts, must be split between both parties on an equitable basis. This means that each of you is entitled to a fair share.
- Children generally remain with their mother.
While this may have been true in previous generations, the courts today lean more towards child time sharing arrangements that allow both parties to be active and involved in the child’s life. Florida parenting plans dictate the amount of time the child spends in each party’s home and rights regarding weekends, holidays, and school breaks.
- You can save money by filing for a divorce yourself.
As with other divorce myths, the exact opposite is true. Filing for a divorce yourself can result in procedural errors that end up costing you both time and money. It also makes it less likely for you to get the full amount you may be entitled to in any divorce settlements.
Let Us Help You Today
At the law office of Vanessa L. Prieto, we can give you the facts about divorce, based on the specific circumstances surrounding your case. To speak with our experienced Fort Lauderdale divorce attorney, call or contact our office online and request a consultation today.