Common Divorce Myths
Ocala Divorce and Family Law firm have come across many common myths and misconceptions that people have about divorce. If you are considering a divorce, a family lawyer will be qualified to address these.
Some of the most common myths include:
Myth #1: "I can do this myself: I do not need a lawyer."
Hiring a divorce lawyer is not a requirement but it is highly recommended. A divorce lawyer has much experience with each aspect of divorce law. He or she will review your case, give you honest legal options and always protect your best interests. A divorce is still a legal process and the results of the divorce are generally final and binding. A good family lawyer will assist you in the process and attempt to make a stressful process as stress-free as possible for you and your family.
Myth #2: "The woman always gets custody of the children: If I'm the Father I'm only going to get Visitation."
False. The Florida Statues 61 that govern divorce specifically states that the court CANNOT consider the gender of the parent when making a custody determination. More and more courts are giving the Father custody (or the most overnights). A divorcing couple may decide that the father would be the better custodial parent. In cases where the divorce is contested, a judge will resolve the issue according to the best interest of the children, regardless of gender.
Myth #3: "The child can decide where he/she wants to live when they turn 13."
False: The child's preference where he or she wants to live my play a small part in a custody determination, but by-and-large children are not allowed to choose where they want to live until they turn 18. Once they become legal adults, the can choose. But the courts do not give the children authority to make that decision before age 18.
Myth #4: "If I move out, I will abandon the property."
False. Abandonment of property requires intent to abandon. If you are only moving out because of the divorce process, the court will not see this as abandonment. See my blog post on the marital home and abandonment.
Myth #5: "I can move anywhere and file for divorce."
Not true. Most states have residency requirements. In Florida for example, you or your spouse must be a resident of the state for at least 6 months before filing for divorce. There are additional requirements as to what county in Florida. A qualified divorce attorney can explain jurisdiction, residence and venue requirements and what they mean for your individual case.
If you are thinking about divorce, and would like to talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your consultation today.
