Top Divorce Questions Answered

Considering a divorce isn’t just tough emotionally – there’s a lot of logistics to figure out and if someone doesn’t have your back or you’re not educated up to par, the results can be devastating. Here are some divorce myths that you need to stay aware of in all situations – some of them make or break.

Can my ex deny visitation if I don’t pay support? Child support obligations do have to be enforced, but denying or threatening to deny visitation rights to a parent is not connected to child support at all.  Time spent with the children and payment of child support aren’t mutually exclusive.

Will I lose everything if I cheated? While cheating on someone is never ok, being unfaithful doesn’t necessarily mean losing all of your rights, assets, humble abode, or kids. But in conjunction with something like wasteful dissipation of marital assets, things can get a little trickier. On its own, it doesn’t have a ton of clout.

Does Mothers automatically get custody? While there used to be a bias towards mothers, in the age of modernity and single fathers, the law has evolved to show that both moms and dads can be equally “custodial”. The visitation and custody decisions made are ultimately based on what is best for the child.

Do I have to file for divorce where I got married?  People’s life trajectories often change and involve moving, so why would you be forced to return all the way back to the middle of nowhere if you’re now living on the opposite side of the world? You can still file for divorce wherever you live, as long as you fill the residency requirements in filing for divorce.

Do all divorces end bitterly? This is absolutely false. With the right mediator and team who has a constructive and positive attitude rather than a want to escalate situations, many can consciously uncouple without the animosity. If acting in good faith and acting like mature adults who care for each other, this disorienting experience can be a bit less scary.

Do divorces have to be settled in court? In reality, just a small amount of divorce cases go to court. Filing for divorce doesn’t necessarily involve a trial,  kids testifying in court, or pricey and never-ending battles in court. If agreements can be reached, divorce can simply be granted on paper, without stepping foot in a court.

Can I represent myself in my divorce?  It is possible, but if you don’t have a boatload of money, representing yourself right be a bad idea. Instead, reach out to free legal aid for guidance, or maybe find a lawyer to represent you that is ok with accepting payments later on. Not knowing legal rights or how to fight for them can affect child support and assets received.

Can I get a divorce if my ex refuses to sign the paperwork? This is a situation that’s often portrayed in the media, you don’t need an agreement from a spouse to get a divorce, thankfully, or wait for months or years for a response after divorce papers are served. Those were televised and fictional scenarios you saw, so don’t stress.

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