Busting Five Myths About Divorce in Orlando

Divorce is very common today and most people know someone who has gone through the process, or they have been through it themselves. Due to this, people with good intentions often give advice about another person’s divorce. However, no two marriages are exactly alike and the same holds true for divorce cases. While people close to you may have your best interests at heart, the advice they offer is not always accurate. This incorrect advice has led to many myths about the divorce process in Florida. Below, our Orlando divorce lawyer outlines what these are and the truth behind them.

You Must Prove Your Spouse is at Fault 

In the past, when a person filed for divorce they did have to prove that their spouse was at fault for the marriage ending. Today, Florida is a  no-fault State meaning that the reason for the divorce is not relevant. When filing a no-fault divorce, a person must only state that the marital relationship has broken down and there is no chance of reconciliation. Neither party has to accuse the other for the breakdown of the marriage, or prove those accusations.

Both Spouses Must Agree to the Divorce 

If one spouse wants to get a divorce, they only have to file the papers with the court. Their spouse does not have to agree to the divorce. If a spouse is manipulative or wants to make things more difficult, that can make things more difficult and cause the divorce to be delayed. Still, the divorce will happen no matter how difficult one spouse is during the process.

Mothers are Always Awarded Custody 

Historically, the family courts did generally favor women during child custody hearings. This was largely because it was the women who stayed home to raise the children and maintain the household while their husbands went to work. Today, this is no longer the case. The majority of households today require two incomes so both spouses work. While the courts may still consider which parent was the primary caregiver during the marriage, they only consider what is in the best interests of the child. Gender is never considered during child custody hearings.

You Can Keep Any Assets in Your Name 

Many people believe that if an asset, such as a home or vehicle, is in their name, it will not be subject to property division during divorce. This is not the case. All divorce cases in Florida are governed by equitable distribution laws, which means marital property is divided fairly, which does not always mean equally. Even if property is in your name alone, it could be divided if it was acquired during the marriage.

You Do Not Need a Divorce Lawyer in Orlando 

While you are not required to work with an Orlando divorce lawyer when ending your marriage, it is always recommended that you do. At Anderson & Ferrin, P.A., our experienced attorneys can help you prepare for the process so you obtain the fair settlement you deserve. Call us now at 407-412-7041 or contact us online to request a free consultation and to get the information you need.

Source:

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