Navigating a divorce can be overwhelming and confusing, especially with so many misconceptions floating around. Here, we’ll debunk some common myths to help you understand what to expect during this challenging time.
5 Common Myths About Divorce
Myth 1: Divorces are always a messy battlefield
Not all divorces are filled with animosity, fierce standoffs, and conflict. Many couples manage to part ways amicably through mediation and collaborative divorce processes. These approaches can make divorce proceedings less stressful and ensure each person moves on positively. While "messy" divorces can occur, amicable divorces are quite common.
Myth 2: Mothers automatically get custody
The notion that mothers always receive custody of their children is outdated. Courts now focus on the best interests of the child, considering factors such as the child’s age, relationship with each parent, living arrangements, work schedules, and each parent’s ability to provide for their child’s needs. Furthermore, joint parenting, where both parents share equal time with their children, is increasingly favored. Therefore, custody arrangements are based on what’s best for the child, not on gender.
Myth 3: Assets are split 50/50 in every divorce
Maryland is an equitable distribution state, not a community property state. This means marital property is divided fairly, but not necessarily equally, between spouses. Courts consider factors such as the length of the marriage, financial contributions, age, health, economic circumstances, earning potential, and value of all property interests. Furthermore, inheritances are generally considered separate property, but if commingled with marital assets, they might be subject to division.
Myth 4: Divorce will inevitably lead to financial disaster
While divorce can have financial implications, proper planning, and professional guidance can help mitigate the impact and secure your financial future. Costs vary widely, and options like legal aid, sliding-scale fees, and payment plans are available. Additionally, uncontested divorces can save time and money by eliminating legal fees and moving quicker than courtroom procedures. Each divorce is unique, and couples can work together to create a settlement plan that meets their financial and lifestyle needs leaving both people financially secure.
Myth 5: Adultery will decide the outcome of your divorce
“If you cheat on me, I’m taking everything!” Not exactly. As of October 1, 2023, Maryland is a no-fault divorce state, meaning no blame is assigned for a failed marriage. Adultery will not impact the division of assets or alimony unless it directly affects the couple's finances or the well-being of the children involved.
Understanding the realities of divorce can help you make informed decisions during this difficult time. While the process can be emotionally and financially challenging, debunking these myths provides a clearer picture of what to expect and how to navigate the journey. At Z Family Law, we recognize that every divorce is unique, and we’re committed to providing personalized advice tailored to your specific circumstances. Whether considering mediation, collaborative divorce, or litigation, we help you understand your options and choose the best path for your needs, making the process as smooth and stress-free as possible. Contact Z Family Law at (301) 781-6683 for guidance and support to help you and your family create new beginnings.