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4 Divorce Myths Debunked by Divorce Attorneys

June 5, 2024

When people get married to their spouse, they may not think it'll end one day in divorce. Unfortunately, as many as half of American marriages dissolve in divorce, according to Forbes, as opposed to the death of a partner. With so many divorces being common, many myths have sprung up. Here are four divorce myths that divorce attorneys want to debunk.



Myth 1: A Trial Is Required


The image of the acrimonious divorce trial is often the stuff of legend, particularly in film. In reality, a divorce can be resolved relatively pleasantly through mediation. Mediation allows both parties to negotiate a settlement. It allows divorce to happen much faster and allows both parties to go on with their lives calmly. This method is also better for the children as they're not put through a stressful trial.



Myth 2: You Don't Need a Lawyer


Technically speaking, you could always represent yourself in a divorce or other aspects of the court system. However, it's not a good idea, as you're not a lawyer and will be up against your spouse's divorce lawyer. Not having legal expertise can work against you, especially when your other party has those resources. A lawyer can help you understand your rights in a divorce. Like other types of laws, divorce laws can change at any time in your state, and your lawyer can keep you informed about how those laws affect your situation.



Myth 3: 50% Splits of Assets Always Happen


Sure, we've seen that some states have community property in which people will get 50/50 in the event of a split after being married for 10 years. However, there's no guarantee you'll always receive 50% of assets. Many judges consider your pre-existing marriage situation and how much you may have helped the acquisition of marital assets.



Myth 4: Divorce Is Acrimonious


Divorce doesn't have to be painful and acrimonious, such as in the many films revolving around it. Many couples have an amicable split as they realize the marriage has run its course. Some former spouses can move on to become friends or at least friendly co-parents.


According to the CDC, there were over 689,000 American divorces in 2021. You should know exactly what to expect if your marriage dissolves. The Law Office of Kevin MacKay has experienced
divorce attorneys who can help you. Contact our team today for a consultation.

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