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Michael T. Edwards, Attorney at Law, LLC

Call Now For A Consultation! (937) 505-3600

  • By: Michael T. Edwards, Esq.
  • Published: May 26, 2016

If you’re considering divorce, or you’re already in the process, it’s likely that a lot of people are going to tell you a lot of things. Some of those things may be true, but much of it will be simple hearsay.

You probably already have some preconceived notions of what’s involved with divorce.

It’s important to know the truth of the matter. Here are some of the most common myths about divorce, and what’s really going on.

The Wife Always Gets Custody

When there are children involved in a divorce, it seems that the wife always gets main custody of the children. This is shown time and again in movies and TV shows. There is a reason for that. Statistically, the mother does get custody the majority of the time.

But it’s far from guaranteed.

There are a number of factors that play into custody. Additionally, there are multiple types of custody that can be decided upon. The type of custody can be decided by the parents. If they cannot come to terms, the court will decide.

You can learn more about child custody here.

If It’s Just Under Your Name, It’s Yours

During a divorce, assets will be divided. Many have the misconception that this is only concerning items under both of your names. The truth is, even if something is solely under your name, you could lose it in the divorce.

Divorce groups assets as “marital property”. Essentially, anything acquired during the marriage is considered marital property, and each party is entitled to half of it.

Even then, it’s not so simple. There are additional legalities that play into the division of assets. Speaking of who gets what…

The Wife Always Gets Alimony

In a divorce, alimony isn’t all that common, particularly in short-term marriages. Whether or not the husband owes the wife alimony depends on job statuses, working qualifications of the wife, age, and more.

In the majority of divorces, no alimony is given.

Infidelity Is The Ultimate Trump Card

If your spouse cheated on you, you may think that everything regarding the divorce will go in your favor. However, in the big picture, infidelity plays a relatively small role in determining the results of a divorce. In fact, some states don’t factor it in whatsoever.

If You Live Together Before Marriage, You’re Less Likely To Get Divorced

Decades ago, living together before marriage was very uncommon. Today, many couples view it as a step taken before marriage to see how compatible two people are. It may seem logical that those couples would experience a lower chance of divorce than couples who didn’t live together before marriage.

However, multiple studies have shown there’s actually a higher divorce rate in those who live together before marriage.

50% Of Marriages End In Divorce

Arguably one of the most common statistics people throw around is that 50% of marriages end in divorce. It’s usually followed by saying that divorce is continuously on the rise.

Neither is true.

The 50% statistic comes from the 70’s and 80’s when divorce rates were reaching all-time highs. According to a New York Times article, the divorce rate has actually been steadily dropping the past 2.5 decades. Currently, the divorce rate of people married after 2000 is around 15%. This number will likely go up a little as the years play out, but it’s doubtful it will get close to the notorious 50%.

It is true that fewer people are getting married, which certainly affects the rate to some degree. Nevertheless, the chances of a marriage succeeding are increasing.

All Divorce Attorneys Are The Same

To keep yourself and your assets protected in a divorce, not just any attorney will do.

You need a lawyer that specializes in divorce.

With an experienced divorce attorney by your side, you can make sure you’re properly represented. The offices of Michael T Edwards can provide you with a Springfield divorce attorney that knows the difference between fact and fiction.

Contact us today.

Michael T. Edwards

Call Now For A Consultation!
(937) 505-3600