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Myths about divorce and property division

On Behalf of | Jun 7, 2016 | Property Division |

There are many myths about divorce swirling around, and it’s important to be able to separate the myths from reality. Below are a few of the most common ones, as well as the reasons they don’t hold up.

1. You’ll lose it all if you cheat on your spouse.

The reality is that, even if the judge doesn’t think much of your decision on a personal level, the court technically doesn’t care why you’re getting divorced. You’re not going to lose all of your assets just because you were unfaithful. The process is still fair.

2. If you got married in a different state, you have to go back there to get divorced.

There are some residency restrictions if you move to a new state, but it’s typically possible to divorce anywhere, regardless of where you got married. As long as you really live in the state and aren’t just visiting, you have this option. This is helpful because this is where most of your assets that have to be divided — like your home — are located.

3. The court can tell you you can’t split up.

Though you may technically be “asking” for a divorce, the judge isn’t going to say no, stopping you from splitting up your assets and going your separate ways. In the modern day, you’ll get a divorce if you want it. The court is just there to help oversee the proper division of assets and all other related matters.

Don’t let these myths keep you from a divorce or impact a fair split of your assets. Always be sure that you understand your legal rights.

Source: Huffington Post, “12 Top Divorce Myths,” Daniel Clement, accessed June 07, 2016


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