Separating Myth From Fact: Misconceptions
About Divorce That You Should Forget
As common and unsavory experience as divorce can be, the strange truth about it is that there
are many misconceptions surrounding the divorce process. This multitude of misconceptions is
what causes more than just a mere misunderstanding of what would-be divorcees should
expect. Rather, these misconceptions can also become the root from which other troubles can
sprout.
The purpose of this article is to shed light upon these misconceptions so that the people who
are going through a divorce may benefit from the information so that they may know what to
expect throughout the process. So, what are some common misconceptions that people should
be aware of?
Custody Automatically Rests With The Mother
The notion that the custody of the child, or children, automatically rest with the mother is one
that is outdated. Recent changes have been made to Kentucky’s KRS 403.270, which starts the
divorce process with the assumption that it is in the best interest of the children that joint
custody and equal time-sharing be the norm.
Only Women Get Spousal Support
Another common misconception of divorce is that only women are entitled to spousal support.
This is grounded in traditional family roles where the father is, more often than not, the primary
breadwinner of the family. However, this may no longer be the norm, given that times are
changing, with more and more women becoming part of the workforce instead of merely
providing non-monetary support to the family.
Property Is To Be Divided Equally
While the court indeed tries to ensure that both spouses are left with equal opportunities and
equal resources after their marriage is dissolved, this does not necessarily mean that property
will be divided equally, but rather, that the distribution is fair, not even. Generally, only property
acquired during the marriage will be distributed while any properties acquired before the
marriage remain in possession of the original owner.
Besides properties, the court may also take into consideration other factors such as educational
attainment, income, and even the person’s medical history.
You Can Go Through Divorce Without A Lawyer
Technically speaking, yes, you can indeed file for and go through a divorce without the aid of a
lawyer. However, that doesn’t mean that lawyers, like the ones at Kurtz & Blum, PLLC, have no
place in the divorce process, especially when you consider that they can help ease and
expedite the divorce process and they can even help you part on civil terms. Divorce does not
have to end in warfare.
No Child Support, No Visitation Rights
Another misconception is that if a particular spouse does not pay child support, that spouse
relinquishes visitation rights. This is false because child support is a different plane from child
visitation. Inversely, if a spouse withholds visitation rights from the other spouse, it does not
authorize the estranged spouse to withhold child support. Again, they are two distinctly different
aspects and they each have different rules and standards.
Divorce is not an easy process. But, be that as it may, there is no need to further complicate it
with misinformation. We hope that this information helps you go through the divorce process
with the knowledge that will enable you to plan ahead and prepare. Best of luck!
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