4 Common Florida Divorce Myths Debunked

Many people have seen divorce cases play out on television and movies, or have read about them in novels. Most people also know at least one person that has gotten a divorce in their life. Due to these second-hand accounts and fictitious storylines, you may have preconceived ideas about the divorce process that are not true. Below our attorneys provide perspective on the four biggest divorce myths we have heard over the years.

Spouses that Commit Adultery Lose Everything

Adultery is one of the leading causes of divorce and it is natural for an affair to lead to feelings of resentment and anger between a couple. However, you should not fear losing everything if you were not faithful, and you also should not expect a bigger settlement based solely on the fact that your spouse had an affair. Florida is a no-fault divorce state, which means that fault does not play a role in the proceedings.

There is an exception to this in certain divorce cases and that is when it comes to property division matters. If one party had an affair and they spent marital funds on it, the other spouse may be awarded more in marital property. Adultery does not usually impact time sharing, once known as child custody, unless the affair negatively affects the child.

You Will Get Half of the Marital Property

Sometimes it is said jokingly that if a married couple gets a divorce, they each get half. That is not always the case. Like most states, Florida follows an equitable distribution system during property division hearings. This means that judges do not have any obligation to award one spouse half of the marital property, but that they will divide it fairly. Judges will take a number of factors into consideration when dividing property and there is no guarantee either spouse will walk away with half of the property.

Mothers are Always Awarded Custody

Family law and how it applies to divorce cases is always changing. Many decades ago, it was not uncommon for the wife to stay home and raise the children while the husband went to work to financially support the family. As a result, the courts did often decide it was in the child’s best interests to remain with the parent they already spent the majority of time with.

Today, it is more common for both mothers and fathers to go to work every day, and have an equal hand in raising the children. As such, mothers no longer have an automatic advantage in child custody matters. Again, the judge will take a number of factors into consideration, but gender is not one of them.

You Do Not Need a Florida Divorce Lawyer

It is true that you are not required to work with an Orlando divorce lawyer when ending your marriage. However, just as you allow medical professionals to treat you when you are sick, you should let an attorney help you through the divorce process. At Anderson & Ferrin, our experienced attorneys will ensure your rights are well-represented and that you receive the fair settlement you deserve. Call us today at 407-412-7041 or contact us online to schedule a free consultation.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html