Filing for a divorce can seem daunting at first, especially when considering many of the misconceptions surrounding the process. Raiff Representation is here to help debunk these misconceptions and prepare you for the next steps for your dissolution.
#1. Mothers are more likely to be granted more parenting time or decision making authority
This outdated perception no longer applies, as both mothers and fathers have equal parental rights when filing for divorce. Generally, custody is based on a number of factors, such as the child’s relationship to each parent, living situation, mental and physical wellbeing, and is ultimately decided based on the child(ren)’s best interests.
#2. Most divorce cases go to trial
For most couples, there will be no lengthy trials, tense courtrooms, or expensive legal fights. The majority of individuals filing for divorce with experienced legal counsel reach an agreement before needing a final trial. Raiff Representation is here to assist you with any necessary settlement, mediation, or alternative dispute resolution efforts.
#3. Spousal maintenance is based on gender
Both father and mother may be eligible for an award of spousal maintenance. Similar to a custodial decision and a child support award, there are a multitude of factors that come into play when considering both parties’ financial circumstances. Courts will heavily consider the difference in income of each party and the length of the marriage when deciding upon a spousal maintenance award.
#4. One partner is at fault for the divorce
A marriage is a two-way partnership, and both parties must accept responsibility when it comes to a divorce. It is important that both individuals reflect on themselves and the cause for separation. Neither party shall be held at fault in the Court’s eyes when considering who filed the Petition for Dissolution initiating the divorce process.
#5. Couples filing for divorce must hire an attorney
Anyone can represent themselves during the dissolution process, but hiring a family lawyer will make working through a divorce easier for you and your family. It is highly recommended to seek legal counsel if you have children or valuable assets you’d like to protect.
If you are considering filing for divorce, or have already begun the process, Raiff Representation will help guide you in the right direction and ensure what is best for you and your family. Call or email us today to schedule a one-on-one consultation with a skilled family attorney.