4 Common Misconceptions About Divorce
Many people have misconceptions about what to expect while going through a divorce. Understanding the truth about divorce can help you get through the process more smoothly and to make informed decisions. Here are four of the most common misunderstandings about divorce.
1. Court Battles Are Inevitable
One of the biggest myths about divorce is that you have to fight it out in court. Many believe that all divorces end up in a courtroom with lawyers slinging mud and arguing over every detail. However, this is not true. In fact, fewer than 5% of divorces actually go to trial. Most couples can handle their divorce through processes that do not go to court such as Mediation or Collaborative Divorce. Choosing an attorney who shares your views on a peaceful divorce process can make a big difference.
2. Mothers Always Get Custody of the Kids
Another common belief is that mothers automatically get custody of the children. In Florida, “custody” is no longer a legal concept in a divorce. In the past, mothers were favored in custody arrangements, this has changed. In Florida, parents are presumed to have shared parental responsibility, and they will have a time-sharing schedule that meets the needs of the children and parents. Most fathers now take active roles in their children’s lives, and they share time with the children more equally.
The time-sharing arrangement can often reflect you and your co-parent’s actual circumstances, not just outdated assumptions about gender roles.
3. Anything Filed in Court is Private
Many people assume that what they file in court is private. However, court documents are public records. This means that anyone, including your children, neighbors and relatives can access this information online. Because of this, it is wise to keep as much of the divorce process private as possible. Minimizing what you file in court will help protect your privacy.
4. Expecting the Judge to Take Your Side
Some people believe that if they present a strong case in court, the judge will rule in their favor. That is not how it usually works. Judges have their own ways of doing things, and their decisions may not align with your expectations. Divorce doesn’t have clear winners or losers; often, you both must make compromises. The best way to have a say in your future and your children’s future is to resolve matters outside of court.
Conclusion
Understanding these misconceptions can help you to work through your divorce more effectively. The more you know, the better equipped you are to make informed decisions.
Contact the Law Offices of Robert J. Merlin
If you are facing a divorce and want to discuss your options, contact the Law Offices of Robert J. Merlin at (305) 448-1555. We offer consultations to help you understand your rights and find the best path forward for your situation. Our office is located at 250 Catalonia Avenue, Suite 706, Coral Gables, Fl. 33134.
Robert J. Merlin is Board Certified in Marital and Family Law by The Florida Bar since 1994 and a Florida Supreme Court Certified Family Court Mediator. He is also an Accredited Collaborative Professional through the Florida Academy of Collaborative Professionals and is widely respected for his commitment to non-adversarial divorce and family law solutions.
Robert has been recognized as one of the Top Lawyers in Florida by Florida Super Lawyers Magazine since 2009, named to the Florida Legal Elite by Florida Trend Magazine since 2008, and listed among the Top Lawyers in South Florida by the South Florida Legal Guide Magazine since 2003.
Bob Merlin is a Florida Bar Board Certified Family Law Specialist, he practices in the areas of divorce, time-sharing of children and parenting plans, child support, alimony, paternity, pre-nuptial and post-nuptial agreements, and cohabitation/partnership agreements.
As an experienced Collaborative attorney, Bob continually hones his skills in the Collaborative Process and trains other professionals how to become a Collaborative professional as he is.
“My goal is to help divorcing and other family law clients make well-informed decisions so they experience a more efficient process and feel more in control over their futures.”
