There are plenty of divorce-related myths circulating out there. Sometimes, it can be hard to know what to believe. The Jacksonville divorce attorneys at Parker & DuFresne want to help you separate the facts from the fiction. Here are some of the most common myths about divorce in the state of Florida.
1. The divorce rate is rising faster than ever.
It’s no longer true that the divorce rate in the United States in on the rise. In fact, divorce has been steadily declining since the 1980s, especially among college-educated couples. Approximately 70% of marriages that began in the 1990s reached their 15th anniversary.
2. There must be “fault” found in order to get a divorce.
In the past, you were required to claim there was a reason to blame for your divorce, such as abuse or adultery. Now you must only provide that there was an irreparable breakdown of the marriage. Additionally, Florida is one of a number of so-called “no-fault” states. This means you actually can’t blame your spouse for the dissolution of your marriage.
3. Your spouse can deny your petition for divorce.
Despite what you may see in movies, you don’t need your spouse to “sign off” on your divorce. It’s true that a manipulative spouse can delay or complicate the process. But an experienced Jacksonville divorce attorney can ensure you’ve followed proper legal procedures to make the process go more smoothly.
4. The mother always gets custody of the children.
It is true that a majority of custody cases end up going in favor of the mother. But this is not always the case. Family courts make each custody ruling based on the best interests of the child. If living primarily with the father is in the best interest of the child, the courts are required to make their custody rulings based on that.
5. You’ll receive any assets in the divorce if your name is on the deed.
This is not so. The state of Florida is what’s known as an equitable distribution state, meaning all assets are divided fairly. It doesn’t matter if your name is solely on the deed to a home or car. If that property was obtained during the marriage, it is considered a marital asset and subject to equitable distribution. The exception is any property that you or your spouse brought into the marriage.
6. You don’t need a lawyer to file for divorce.
While many divorces are settled outside of court, it’s strongly advised that you work with a Jacksonville divorce attorney. Many who think they’ll have a simple, amicable divorce end up running into contentious issues that require legal guidance. Issues like asset division, child custody, and alimony are complicated ones that an experienced lawyer can guide you through.
For an Experienced Jacksonville divorce attorney, contact Parker & DuFresne.
It’s important to know the difference between myths and facts when getting a divorce. The knowledgeable lawyers at Parker & DuFresne will be your advocates so you can move forward with your life. Call us for a consultation today at (904) 733-7766.