Everyone knows that divorce is the legal process of ending a marriage. Those who have never gone through it, though, largely misunderstand that process. If you are about to get a divorce, you may have already received a lot of advice from well-intentioned friends and family members. Unfortunately, much of that information may be wrong due to the fact that there are so many myths about the divorce process. Below are the eight biggest myths about divorce and the truth behind them.
You can Deny Visitation When Child Support is Not Paid
Family courts in Michigan have specific ways of dealing with a parent who does not pay child support. You cannot decide on your own to deny visitation or even threaten to do so when your former spouse does not pay support. If you do, you will be found in violation of the court order, which comes with its own consequences.
You Will Lose Everything if You Cheated on Your Spouse
Adultery may lead to divorce, but it does not necessarily mean you will lose everything. Cheating is never taken into consideration when granting a divorce. However, adultery may affect certain terms of the divorce, including property division, depending on the facts of your case. Still, it is unlikely that you will lose everything.
You Can Deny the Divorce
If your spouse has filed for divorce and you do not agree, there is little you can do about it. Although petitioning the court to grant the divorce is officially asking the court to allow the divorce to proceed, divorces are not usually denied. As long as you or your spouse wants a divorce, the chances are good that it is going to happen.
Mothers Always Get Custody of the Children
Historically speaking, at one time the courts were more prone to award child custody to the mother. Today that has changed. The courts recognize that either spouse may make the better custodial parent and will make their decision based on the facts of the case, not the gender of the parents.
Children Can Decide Which Parent to Live With
When children are of a certain age and maturity, a judge may take their preference into consideration when awarding custody. However, there are many other factors and judges must also follow a formula when making child custody decisions. Just because a child wants to live with one parent more than the other does not mean it will automatically happen.
Women are Always Awarded Spousal Support
Again, like child custody, a judge will take many factors into consideration when awarding spousal support. The largest of these factors is the financial situation of each spouse. Today, many women earn a higher income than their husbands, and when that is the case, a man can certainly be awarded spousal support.
Property is Always Split 50/50
Michigan is an equitable distribution state, meaning property is divided fairly during a divorce, but not necessarily equally. Just like other terms of the divorce, a judge will consider all factors of the case before determining how to divide property.
You Can Divorce Without a Michigan Divorce Lawyer
Although the law does not require you to work with a Clinton Township divorce lawyer, it is always in your best interest to do so. At Iafrate & Salassa, our knowledgeable attorneys can help you navigate the divorce process, and we will fight to ensure your rights are upheld. If you are getting a divorce, call us today or contact us online to schedule a free consultation and to learn more about how we can help.