Divorcing a partner is an unpleasant experience that many people will have to experience at some point during their lives. Unfortunately, there can be a lot of misinformation about divorce that can lead to individuals making poor decisions as they navigate their way through this legal proceeding.
Myth: A Divorce Proceeding Will Leave You With Nothing
There is an assumption that a person is likely to lose all of their assets as a result of the divorce. In reality, the goal of the divorce will typically be to divide the assets from the marriage as evenly and equitably as possible between the partners. As a result, much of the divorce process can involve a series of negotiations between the two sides as they decide how these assets will be distributed. It should be noted that the process will typically only involve the assets from the marriage. For example, a person that owned a business or land prior to the marriage may not have to subject these assets to this process.
Myth: There Is No Way To Invalidate A Prenuptial Agreement
A prenuptial agreement is a common tool that individuals will use to protect themselves in the event of a divorce. With one of these agreements, the terms of the asset distribution will be decided ahead of time. While these agreements are legally binding, they can be invalidated for a number of reasons. A common example of this could be a clause that invalidates the agreement in instances of infidelity. If you signed a prenuptial agreement prior to your marriage, it can be worth the time to have an attorney review the details of the agreement to determine whether it may be successfully challenged.
Myth: Custody Of Children Is Automatically Granted To The Mother
If you and your partner had or adopted children, custody can be a significant factor to have to consider. However, individuals should avoid assuming that the mother in the marriage will always receive full custody. In reality, the courts will attempt to determine the parent that is in the best position to care for the children. In addition to financial stability, this may also involve assessing the current relationship between the children and the parents. For example, if one parent is primarily responsible for staying home and caring for the children, the courts may consider them to have a stronger relationship with the child. Not surprisingly, this can be one of the more stressful and contentious aspects of a divorce, but an attorney will be able to help you fight for the custody rights that you want.
Contact a law firm that handles divorce law cases for more information.