Explaining Myths and Misconceptions About Divorce Proceedings

Consideration was given for the editing and publication of this post.

It’s surprising to see how much of the public’s perception about divorce proceedings is complete hearsay. They then make decisions based on these false facts, which can have serious consequences. Others take advice from people who have been through the same ordeal, thinking that there’s only one way for divorces to go down. But with proper education, the whole process could be made easier for all parties involved, including the innocent bystanders. Let’s shed some light on some of the most persistent myths and misconceptions about divorce proceedings.

Royalty Free Photo

The Person who Moves First has the Advantage

It’s not uncommon for people who file for divorce to think that have the advantage because they were the one to make the first move. But there’s no such thing as an inherent advantage in divorce as far as the judgment goes. However, the petitioner does have one advantage. They do get to decide where the proceedings will take place if they reside in a different county.

This can have some serious implications as judicial views towards things like alimony and custody can vary greatly depending on the jurisdiction. While the respondent can always challenge this, they have to show that they have a strong reason for doing so.

Divorce Law is the Same Across the Board

A lot of people might think that there are only minor differences in divorce law depending on the state, but that couldn’t be further from the truth. States can have a lot of fundamental differences that could change the whole course of the proceedings.

One of these fundamental differences is between “fault” and “no-fault” divorce states. Fault divorces are when divorces are filed as a consequence of a spouse’s misconduct, such as adultery, for instance. But in no-fault states, there is no need for fault, hence the name. People can simply file for a breakdown of the marriage or “irreconcilable differences”.

States like Minnesota are no-fault states, and it’s important that you understand the way this could affect your proceedings. That’s why you have to make sure that you speak with a qualified lawyer in your state who understands divorce law in your jurisdiction. If you live in Minneapolis, people like M. Sue Wilson Law Offices have been in the business for over 40 years and have a solid track record for getting results. Firms like these will be able to navigate you through a no-fault divorce and give you advice if you were thinking of filing.

Your Story will Make Your Case

Another myth perpetuated about divorce is that the court will take your story of the divorce into consideration when judging. But in no-fault states, which is the majority, by the way, the courts will simply take a look at the current situation and make a judgment according to law. The facts or perceived facts and conjecture of your divorce are simply too complex, extensive, and difficult to verify for them to have a real impact on the case. So, don’t expect any admirable behavior to be rewarded or wrongdoings punished.

Conclusion

These few myths are some of the most common yet dangerous myths about divorce. Clients have to make sure that they understand how the law in their jurisdiction could change the whole color of their divorce.