What are the common misconceptions about divorce? Divorce is not always a simple process. Nevertheless, it’s frequently a necessary one. Although going through a divorce isn’t always pleasant, there are actions you can take to lessen your stress levels, such as selecting the best divorce attorney in Las Vegas.
Unfortunately, there are several common myths and misconceptions about divorce. In this article, we will tackle the common misconceptions about divorce.
The Financial Implications of Divorce
Divorce is a significant life event that can substantially impact your finances. While it’s an emotionally challenging time, it’s also crucial to understand the financial implications of divorce. Several are:
- Division of Assets: When a marriage ends, the couple typically needs to divide their assets. It includes everything from real estate and bank accounts to investments and personal possessions. How assets are divided can vary depending on where you live and your circumstances.
- Alimony and Child Support: In many cases, one spouse may be required to pay the other alimony (spousal support) or child support. The amount and duration of these payments are usually determined by the court and are based on factors like income, the needs of the recipient, and the standard of living during the marriage.
- Legal Fees: The cost of getting a divorce can be substantial. You’ll likely need to hire an attorney, and there may be court fees, mediator costs, and other expenses. It’s essential to budget for these expenses.
- Emotional and Psychological Costs: Don’t underestimate divorce’s emotional and psychological toll. Stress, anxiety, and other emotions can affect your ability to make sound financial decisions. Consider seeking support from a therapist or counselor during this challenging time.
It’s crucial to consult with a Las Vegas divorce attorney and financial advisor to navigate the financial aspects of your divorce effectively.
12 Common Misconceptions About Divorce
Divorce is a complex and emotionally charged topic, and many misconceptions surround it. Here are twelve common misconceptions about divorce:
Lengthy Court Battles
Many people think that lengthy court proceedings will always follow a divorce. That isn’t always the case, though. More and more couples opt to settle settlements outside court to save time and money on drawn-out legal proceedings.
Even if some divorces go to court, this is typically because of unique situations like complex assets or custody disputes. Couples can manage to reach an agreement without going to trial in the majority of cases.
Divorce has been more prevalent in recent years, which may contribute to the shift away from protracted court battles. Couples battling over minor details are becoming less prevalent due to the many divorces each year. Instead, they are more inclined to put a mutually agreeable settlement on their priority list.
Women Are Always Granted Child Custody
Some people are hesitant to proceed with a divorce, even if it could be in their best interests to do so, for some reasons. For example, some men fear that they will unavoidably lose custody of their children during a divorce. They think that when a marriage fails, women always get custody of the children.
It isn’t like that. The court’s objective is to determine what kind of custody plan serves the child’s best interests. In Nevada, a parent’s gender is not taken into consideration by courts when deciding custody disputes because it is an irrelevant aspect.
The idea that mothers usually receive custody might be a hangover from when it was more typical for wives to raise their families at home while their husbands were at work. Given the circumstances, a woman may be given custody of the children since her relationship with them would be closer.
The times have evolved. Nowadays, working is far more common for men and women. There may be a change in the patterns of custody arrangements as a result of this role shift.
You Must Establish Fault To File For Divorce in Nevada
A misconception about Nevada’s divorce laws could be another reason someone is reluctant to start the divorce process. For example, to support your divorce request, you must provide evidence of your partner’s wrongdoing, like infidelity.
That is not true. Like many other states, Nevada also has no-fault divorce laws. That implies that a spouse can file for divorce because their marriage has failed and doesn’t seem to be mending without providing facts of any misconduct.
Divorce Is Not Good for Children
It’s a usual mistake for people to stick together with their children. Although their reasons are pure, this might be admirable; it’s not always the best decision. Yes, children may suffer during their parents’ divorce. Still, it can be worse for children to grow up in a household where neither parent is comfortable with their relationship.
Each Side Receives Half
This one cuts both ways. Equitable asset distribution, not necessarily equal distribution of everything, is the courts’ focus. Each spouse’s financial situation is considered during the procedure, and the distribution has to be fair rather than equal. That implies some parties with greater financial resources may have more debt.
Marital assets and non-marital assets are the two types of property. Except in certain cases, assets obtained during a marriage are considered marital assets. Assets obtained before marriage, through inheritance, or as gifts are considered non-marital. Non-marital assets remain with the individual owner; only marital assets are usually split between spouses. However, this doesn’t imply that the spouse who earns the entire retirement account balance must retain it; instead, the asset would probably be divided fairly.
You Lose All Of Your Rights If You Commit Adultery
It is another myth. Courts typically observe a connection between financial responsibilities and divorce. It is customary for property division and distribution between spouses not to consider whether the other spouse engages in adultery or other unacceptable conduct. In certain places, a court’s use of “judicial discretion” may include consideration of adultery. However, negative behavior is mainly limited to harmful economic conduct.
You Can Only Get A Separation Or Divorce In The State Where You Were Married
This is not correct. Most of the time, a divorced couple must live in the state where they file for divorce. A person must remain in a state for a specific amount of time—typically six weeks or a year, depending on the state’s laws—to be considered a legal resident of that state. For example, if at least one spouse resides in Illinois lawfully, the pair may petition for divorce in that state.
Child Support Nonpayment Restricts Visitation
It is a common misconception that leads to a lot of problems. Child support and visitation are two very different things. The custodial spouse can’t deny visiting rights to the noncustodial spouse for failing to pay child support. It’s also true that the noncustodial spouse cannot refuse to pay child support if the custodial spouse withholds visits. Even though they affect the married couple’s children, they are unrelated matters with different standards and laws, and neither affects the other. A court will decide what punishment is suitable if either child support or visitation is unpaid.
Single Men And Women Experience Less Stress And Have Higher Finances Than Married Couples
Not true. Dr. Diana Kirschner writes in Agenda Magazine that married people are wealthier and have better emotional and physical health. Numerous studies have demonstrated the huge impact that romantic relationships have on our mental, financial, and physical health. The fundamental human desire for connection is satisfied by intimacy and emotional support, which a life partner can supply. It can also increase prosperity and stability in the economy.
Married people may lead better, more fulfilling lives and experience fewer psychological problems such as depression. Improved physical health, increased health-seeking behavior, and decreased alcoholism rates are all influenced by several factors. The key takeaway is that, for more than a century, research conducted worldwide has demonstrated that married people live longer and enjoy a better quality of life than single people.
You Could Settle To Split Up Your Divorce Property If You Wanted To Avoid Paying Child Support
This is another myth. Property settlement and child support are two entirely different things. You cannot utilize one to get what you want from the other. The noncustodial parent is almost always obligated to pay child support. In addition, neither party receives a divorce-related benefit in exchange for not paying child support.
Attorneys Must Still Be Hired Even If Spouses Choose Mediation to End the Divorce
Not true. When representing themselves, mediation eases divorce proceedings for couples. When a couple cannot meet the divorce terms, it is the most costly aspect of the process. Through the use of a mediator, the husband and wife settle on the terms of the divorce through mediation. If the couple decides to proceed alone, they may obtain the necessary documents to initiate the divorce online. Although they might assist the couple in preparing the paperwork, mediators rarely file the divorce papers. Additionally, if the divorce calls for certain instructions, they could want to enlist an attorney to assist with the intricate paperwork. Generally speaking, mediation is an inexpensive divorce process that does not require the services of a divorce attorney in Las Vegas NV.
You Do Not Need An Attorney To Divorce
This one is a little self-serving, but you could handle the divorce without an attorney in the tightest technical sense. There are, however, very few examples where that decision was in the person’s best interest. Most people want a smooth legal process. Thus, a skilled lawyer should focus on peaceful, cooperative ways to dissolve the marriage, like negotiation, mediation, and other non-litigious methods, to avoid that. Divorce doesn’t always need to be unpleasant. While we lawyers can’t promise an easy ride, we can steer the process in a way that will lead to success by applying our experience and knowledge.
Do You Need a Skilled Divorce Lawyer in Las Vegas?
Are you facing the challenging process of divorce in Las Vegas? Don’t navigate this difficult journey alone. At Donn W. Prokopius, Chtd, we understand the complexities of divorce law and are here to guide you every step of the way.
Our skilled divorce lawyers in Las Vegas are dedicated to protecting your rights and ensuring the best possible outcome for your case. If you have questions or want more information, call us at (702) 474-0500.