Divorces Have Several Misinterpretations – Myths Debunked by Divosrce Lawyer
Are you planning to get divorced? Chances are you have already started to hear conflicting stories concerning all that you can expect from it. At times, divorce might appear to be confusing.
However, getting in touch with an expert divorce attorney is essential. To know more about that, you can check out Mesa Divorce lawyer. Here are some of the divorce myths that expert lawyers debunk:
- Divorce leads to court battles that result in bitterness and anger
It’s rare that spouses should visit the court. Hence, with the emergence of the no-fault divorce, spouses will not object to filing the divorce proceedings. Also, the court intervention should be essential if the couples are not able to settle the disputes on the financial claim. However, it’s the last resort, and before they get to the stage, they should try other processes like mediation.
- Divorce is costly
The costs can increase fast when it is about resolving the financial claims, more so when the spouses aren’t agreeing and want to take the case to court. There is a chance of them dealing with the proceedings by themselves for averting the legal expenses. However, there are several solicitors that provide a fixed fee for acting in the divorce proceedings that won’t get disputed.
- The assets always get shared equally on the divorce
The point of asset division is a fair 50/50 split, which is called the “yardstick of equality.” But that is not true for every case of sharing the asset. Hence, there is no fixed formula that the court makes use of to arrive at a decision. On the other hand, it comprises factors to consider before reaching a fair split. The factors are:
- A minor child’s welfare
- The living standard of the family
- The earning capacity, income, and the property that the spouses have or can have in the near future
- The accountabilities, financial requirements, and obligations that the partners have and can have in the future
- The age of the spouse and marriage duration
- The mental and physical disability of the spouse
- The contributions that every spouse has made and can make in the days to come for the family welfare comprising the contributions in attending to the family
- The spouse’s conduct and whether it is that bad for disregarding it
- The benefit value that the spouse can lose by any reason in the divorce, for instance, a pension
Finally, most people think that the moment you get a final order, it is the end. The truth is that till such time there is a sanctioned court order managing the financial claims the spouses have had as an outcome of their marriage, in that case, either of the spouses can come up with a future claim against one more asset after years of their getting divorced. Therefore, when there is a Final Order, it doesn’t signify the financial claim. It is essential to have a court order which offers a distinct break.
These are a few of the essential myths you need to know when you opt for a divorce, so that you are clear about your case proceedings.