Getting divorced can feel stressful at times. When you hear certain myths about the process, the task at hand feels slightly harder. When you consult with a divorce lawyer, it helps to discuss any concerns you have. For now, it's worth understanding common misconceptions surrounding divorce.
Both Parties Must Agree
Having both parties agree to a divorce certainly makes the process easier. However, it isn't necessary. If you and your family lawyers can prove that the relationship has broken down beyond repair, you can secure a divorce. This is known as an irretrievably broken marriage. Common examples of this include infidelity, separation by consent and various forms of unreasonable behaviour.
Children Must Stay With the Mother
Divorce law doesn't focus on a parent's gender when deciding how much contact each person has with their child. Instead, it aims to ensure the children have a stable and safe relationship with both parents. Certain practicalities may come into the equation, such as how feasible it is for parents to achieve a 50/50 split or where the child usually attends school. Courts also examine a child's wishes. It's usually easier to reach an agreement by mediation rather than forcing the opposite party's hand.
A Court Trial is Inevitable
Very few divorce cases actually reach a court trial stage. It's usually commercially sensible to settle outside of court and use processes such as mediation wherever possible. However, when mediation isn't possible, you can use a divorce lawyer to negotiate on your behalf. Your lawyer will advocate for your interests and unpick any legal challenges the opposite side is presenting. They'll always remain honest about your prospects of successfully securing what it is that you want.
Settlements Are Always 50/50
Dividing assets isn't as simple as stating that everything is 50/50 and going your separate ways. Of course, this is something you can agree to, but it won't always happen when both parties don't believe that 50/50 is fair. Various factors go into identifying the division of assets, including the length of the marriage, contributions made by each party on a financial and non-financial basis and arrangements for children. Reaching a final settlement can feel frustrating, but you can help expedite matters through consistent communication with your lawyer.
During the divorce process, make sure you put questions to your lawyer rather than listening to friends and family. Although they may mean well, the experiences they have may not reflect what you later face.
Speak to a family lawyer to learn more.