Divorce is often misunderstood, and the myths surrounding it can make an already difficult situation feel even more overwhelming. To help ease some of the confusion, our McAllen divorce attorneys break down ten common misconceptions about the divorce process and setting the record straight.
1. Divorce Is Always Expensive
While it’s true that divorce can be costly, it doesn’t have to break the bank. The price largely depends on the complexity of the case. Amicable divorces that use mediation or simplified legal processes can be far more affordable than highly contested cases.
2. Divorce Takes Years to Finalize
Many believe that divorce is a drawn-out process that takes years to complete. In reality, the timeline varies based on factors like the complexity of the case and the level of cooperation between both parties. Uncontested divorces can be finalized in months, while more complicated, contested cases may take longer.
3. You Need a Reason to File for Divorce
A common misconception is that you must prove fault—like infidelity or abuse—to file for divorce. However, most states now offer no-fault divorce options, which allow you to file based on irreconcilable differences or an irreparable breakdown of the marriage. This simplifies the process and reduces the need for contentious legal battles.
4. Mothers Always Get Custody of the Children
It’s a myth that mothers are automatically granted custody in divorce cases. Today, courts base custody decisions on the best interests of the child. Factors like each parent’s relationship with the child, stability, and the home’s overall safety are considered. Shared custody is also becoming more common, with courts recognizing the importance of both parents’ involvement.
5. All Assets Are Split 50/50
Not every divorce results in an equal split of assets. In states with equitable distribution laws, assets are divided based on what is fair, considering factors like each spouse’s contributions and future needs. In community property states, assets are typically split equally. Understanding your state’s laws is crucial in knowing how property division will be handled.
6. Divorce Means Cutting Ties Completely
While some may think divorce means completely severing ties with an ex-spouse, this isn’t always the case—especially if you have children. Co-parenting requires ongoing communication and collaboration. Even without children, shared financial responsibilities like debts or business interests may mean maintaining some level of contact.
7. You Don’t Need a Lawyer for Divorce
Some people think they can handle divorce without a lawyer, especially in simple cases. While it’s possible, having legal representation ensures your rights are protected, particularly regarding property division, alimony, and child custody. A lawyer can guide you through the legal process, ensuring everything is handled correctly and that your agreement is fair and enforceable.
8. Divorce Will Ruin Your Finances Permanently
While divorce can bring financial challenges, it doesn’t mean your financial future is ruined. You can recover and rebuild with careful planning, budgeting, and possibly consulting a financial advisor. Understanding and controlling your finances early in the process can make a big difference.
9. Only Rich People Need a Prenup
Prenuptial agreements aren’t just for the wealthy. A prenup can benefit anyone by protecting assets, managing debt, and clarifying financial responsibilities in the event of a divorce. It can make the process smoother and prevent misunderstandings down the road.
10. Divorce Always Has to Be Adversarial
Divorce doesn’t have to be a bitter, drawn-out battle. Many couples resolve their issues amicably through mediation or collaborative divorce. These methods focus on cooperation and can lead to better outcomes for both parties—especially families with children.
Contact our McAllen Divorce Attorneys
Understanding the truth about divorce can help ease some of the stress and uncertainty. By debunking these common misconceptions, you can confidently approach the process and make more informed decisions. At Barrera-Sanchez and Associates – McAllen divorce attorneys, we provide professional legal and financial advice, guiding you through every step with care and expertise.