The 5 Biggest Myths About Legal Divorce Proceedings

In just about any given year, twice as many people get married as divorced with the exception of Nevada. In Nevada, the marriage rate is almost 70%, but the divorce rate is only 7%; meaning that a lot of people go there to get married but very few go back for the divorce. The overall divorce rate across America has actually gone down in the 21st century. This may be due to the fact that fewer people are getting married and preferring to live together instead.

Myth #1: Prenups are Only for the Wealthy

If you get married today, there’s a 30% chance you’ll get divorced within 10 years. That’s why more people are asking for premarital agreements. This is a contract between two people who are engaged. It governs the division of assets among other things. It spells out the rights and responsibilities of both parties in the event of a divorce. A prenup can also address the division of property if one spouse dies.

In the past, people have thought that only the very wealthy needed a prenuptial agreement. These days, couples are rethinking this strategy. If you are small business owner, this is a good way to protect your business. If you have any investments or expected inheritances, then this can also protect these assets for your family’s future.

Myth #2: Children Recover Quickly from Divorce

In a 2011 study performed by the University of Iowa, it was discovered that there is a direct correlation between a child’s loss of virginity before age 18 and divorce. To put it in plain English, if you and your spouse divorce while your children are young, then there’s a very good chance they will go out into the world and experiment with sex at an earlier age.

Children can be affected for years to come by divorce, especially if there is a lot of animosity, anger and bitterness between the two parties. Many family counselors recommend counseling for your entire family after a divorce. Most experts believe that the whole family fares better if there is mediation between the couple so that grievances can be aired out and important issues can be settled out of court.

Myth #3: We Don’t Need a Lawyer for our Divorce

In Texas, the law says that you do not need an attorney to file for divorce. In theory, this is true, but in real-life application, it’s usually best to hire an experienced divorce attorney. There are a number of sticky issues to settle and without legal counsel or at least a mediator, a couple usually winds up yelling at each other and swearing to never speak again. When couples have a referee, their discussions tend to be more rational and actual details get hammered out that everyone can live with. In order for divorce to work without an attorney, both spouses must agree to things like the division of property, child visitation rights and child support.

Myth #4: Divorce Proceedings are Expensive and Painful

A divorce only becomes expensive when both parties cannot agree on key issues and must therefore go to court and let a judge decide. It doesn’t have to be painful either, not even for the children. If your family can come to a friendly agreement over the important points of the divorce, then the whole thing can be settled within 90 days or so without lasting damage to relationships.

Where children are involved, this is the best way to go. Sit down and talk about things as a family and come to mutual agreements about division of assets, custody and support. Don’t allow things to get so out of hand that a judge must step in and make those decisions.

Myth #5: Courts are More Sympathetic to Women than Men

Many of us believe that today’s court system will favor a woman keeping the house and custody of the kids. Though this can be true in some cases, courts try to be fair and look at the best solutions for the children. For instance, if the wife travels a great deal but the husband has a stable local job where he could provide regular care for the kids, then the courts might favor the man getting custody in this situation.

Zinda & Davis PLLC provides experienced Texas divorce representation. They also offer mediation so that the couple can work out key problems outside a court. The attorneys at Zinda & Davis work closely with clients to help them settle important issues like custody, spousal support, child support and division of assets. Call today or fill out the form on this page to learn more. It’s quick & easy and you’re under no obligation to choose Zinda & Davis PLLC to handle your case.