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June 1, 2022 by PILLI Law

Common Myths About Family Law

Having an accurate understanding of divorce is an important process in family law. With so much information and so many statistics flying around it is often difficult to tell what is real and what is not. Educating yourself on what is fact and what is fiction cannot only help you understand what family law is all about, but also help you avoid falling into easy mistakes that could have been avoided.

With that in mind, here are some of the most common myths about family law according to our friends at the Law Group of Iowa. 

  • Adultery Costs You Everything 

If one spouse has an affair, the other gets everything, right? It’s a common myth that you lose the house, the car, the kids, and all of your belongings. That’s great and dramatic for movies and TV, but that isn’t exactly how things work in reality. While it might end your marriage, infidelity doesn’t always influence the divorce settlement. In many states, they are called no-fault divorce states, meaning there’s no blame assigned for the failed marriage.

Unless adultery negatively affects your finances, it most likely will not affect the division of property during divorce.

  • Mothers Always Get Custody 

For many years, it was a fact that mothers always got custody of children in a divorce. Many husbands and fathers feel that they are at a disadvantage right out of the gate. While certain biases still exist, it doesn’t automatically mean that mothers are going to win over fathers. The court tries to put the child’s best interests ahead of all the reasons. From a legal perspective, mothers and fathers have the exact same rights when it comes to child custody. 

  • Having Children Prevents Divorce 

It is far too common in troubled marriages for a couple to think having a child will fix all their problems. Some people even presume couples with children have higher rates of success with marital satisfaction than couples without children. Like most of the family law myths out there, it simply isn’t the case. One of the most stressful times in the marriage is after the birth of the first child. People learn firsthand the reality of parenthood, money worries intensify, and couples phase a number of new pressures. The simple truth is, not every relationship can withstand that added strain.

  • Your Spouse Must Agree To The Divorce 

People often believe that both parties must consent to end a marriage. The truth is that isn’t true at all. The good news is that the government will not force anyone to remain married against their will. Getting your spouse to agree definitely streamlines the process and makes it easier on everyone, but this is one of the many myths and is not required to dissolve a marriage. It is completely possible to file the necessary paperwork and start the process. If your spouse doesn’t respond in the given timeframe, then you can file a motion for default.

We understand that family law can be difficult to understand and that is why we suggest talking to a family lawyer for more information.

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