When you need advice, you feel that you can trust your friends and family members for solid insight and expertise. Perhaps your mother knows the best secrets for cooking the perfect souffle. Or your school friend has multiple tricks for finding great deals on the latest Blu-rays.
But when you rely on acquaintances for divorce tips, you might be led astray. Conventional wisdom, popular beliefs, and common notions often propagate around divorce because these “facts” give people comfort and hope.
Before you fall for the following myths, do a little research of your own and go to a more reliable source for information.
Myth 1: Moms Always Win Child Custody
Although many mothers win child custody cases, many fathers have the opportunity to do so as well. Divorce judges don’t base custody decisions on gender but rather on the best interests of the child.
According to Ken Peck, at the Peck Law Firm, “Major factors in South Carolina child custody statute include: your fitness as a parent, immoral conduct, domestic violence, financial resources, home environment, parenting skills, education, and opinions of other people.” The Peck Law Firm’s website also names a number of other Charleston divorce myths.
Myth 2: Women Can Always Count on Alimony
In many divorce cases, women receive alimony to help them cover the loss of income from their spouse. But alimony doesn’t apply to all women. As a general rule, the supporting spouse pays alimony to the dependent spouse, no matter the gender. If the husband makes less income than his wife, he depends on her for maintenance and support.
Furthermore, the court only awards alimony in certain circumstances, such as when a stay-at-home parent needs the contribution for child rearing. Or if the spouse has been out of the marketplace for a long time, he or she may struggle to find employment and needs alimony to survive.
If you’re a young, employed adult (male or female), you might not receive alimony at all.
Myth 3: Divorces End in Bitter, Angry Battles
Divorce is rarely easy for either parent. Both partners must determine the best approach for dividing assets and raising any children they may have. But that doesn’t mean the divorce must end on a sour note.
If you keep communication channels open, and if you opt for collaborative litigation, you and your partner will have an easier time separating.
On the other hand, if you tell your lawyer to “go for the throat” or act in bad faith against your spouse, you set yourself up for a fight.
Want to Know More?
The above myths represent a fraction of divorce misconceptions. If you plan to divorce, don’t hesitate to talk to a lawyer to dispel any false information you may have acquired through friends or family members.