Common Divorce Myths
As a Divorce Lawyer, practicing exclusively family law, I have come across many common myths and
misconceptions that people have
about divorce. If you are considering a divorce, a family lawyer will
be qualified to address these.
Some of the most common myths include:
Myth #1: "I can do this myself: I don't really need a lawyer"
Hiring a divorce lawyer is not a requirement but it is highly
recommended. A divorce lawyer has much experience with each aspect of
divorce law. He or she will review your case, give you honest legal
options and always protect your best interests. A divorce is still a
legal process and the results of the divorce are generally final and
binding. A good family lawyer will assist you in the process and
attempt to make a stressful process as stress-free as possible for you
and your family.
Myth #2: "The woman always gets custody of the children: "If I'm the Father, I'm only going to get visitation."
False. The Florida Statues 61 that govern divorce specifically
states that the court CANNOT consider the gender of the parent when
making a custody determination. More and more courts are giving the
Father custody (or the most overnights). A divorcing couple may decide
that the father would be the better custodial parent. In cases where
the divorce is contested, a judge will resolve the issue according to
the best interest of the children, regardless of gender.
Myth #3:"The Child can decide where he/she wants to live when she/he turns 13.+
False: The child's preference where he or she wants to live my play
a small part in a custody determination, but by-and-large children are
not allowed to choose where they want to live until they turn 18. Once
they become legal adults, the can choose. But the courts do not give
the children authority to make that decision before age 18.
Myth #4: "If I move out, I will abandon my property."
False. Abandonment of property requires intent to abandon. If you
are only moving out because of the divorce process, the court will not
see this as abandonment. See my blog post on the marital home and
abandonment.
Myth #5: "I can move anywhere and file for divorce (particularly if I want a specific Judge)"
Not true. Most states have residency requirements. In Florida for
example, you or your spouse must be a resident of the state for at
least 6 months before filing for divorce. There are additional
requirements as to what county in Florida. A qualified divorce attorney
can explain jurisdiction, residence and venue requirements and what
they mean for your individual case.
If you are thinking about divorce, and would like to talk to us about your case, please visit our
website
or call the office to schedule your initial consultation. We employ a
client based approach, which means that we are selective in the cases
we take so that we can be available to our clients. We spend time with
you to thoroughly understand the facts of your case, so that we can
provide you with a comprehensive and realistic legal evaluation. Our
process begins with a half-hour low-cost consultation, all of which is
credited back to your account if we accept your case.
