Posted by Martin Heller Potempa & Sheppard, PLLC on January 21, 2022
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Divorce is extremely popular in our society, with hundreds of thousands getting divorced each year. Despite divorce being so prevalent, there are many myths out there that people still believe. This can make a divorce even more complicated if someone goes into it with misconceptions, or they might be tempted to stay in an unhappy relationship if these myths make it seem much worse than it is. If you’re considering getting a divorce, you need to know what common myths aren’t true.
Only Women Receive Spousal Support
It is a common belief that only women get spousal support in a divorce because not very long ago, women typically were the ones who received spousal support. Alimony is intended to help the spouse put at an economic disadvantage by the divorce, which, in the past, often applied to wives who had to be financially dependent. Spousal support considers both spouses’ financial situation, among other details, not their gender.
Your Property is Split Evenly
Property in Tennessee divorces is not split equally between the spouses, it’s split equitably. This means that you shouldn’t expect your marital assets to be split 50/50. Various factors need to be considered regarding property division, such as the duration of the marriage, contributions by each spouse, and each spouse’s earning capacity. How assets are split may vary compared to other people’s divorces, as it depends on the unique situation.
Mothers Will Get Custody
Divorces between couples with children are often much more complicated. Many fathers may be concerned about going through a divorce if they believe mothers have a much better chance at receiving custody. Like spousal support, child custody is decided based on various factors, not the gender of each parent. In Tennessee, some of the factors that help decide child custody and support include the parent’s involvement in the child’s life, each parent’s financial situation, and how the child will be able to adjust. In some cases, the children may also have a say in which parent they want to receive custody.
You Can See Other People While Separated
Some people might feel ready to start dating again while separated from their spouse, but before their divorce is finalized. However, this is something everyone should avoid doing, regardless of their feelings towards their spouse or how long their divorce is taking. If you start seeing people before it is finalized, this is evidence that can be used against you and hurt the outcome you receive.
You Need a Lengthy Court Battle to Get Divorced
Many people fear the stress that a lengthy divorce will cause them. However, in some divorces, you can reduce the length of time it requires and avoid going to court. Some couples with contested divorces may be able to use divorce mediation, a method of alternative dispute resolution (ADR), to reach an agreement on issues they may have, such as spousal support and child custody, outside of court. Some amicable divorces can also benefit from a marital dissolution agreement to help the divorce process go more smoothly.
Contact a Nashville Divorce Lawyer Who Can Advise You
There is so much information readily available, and you shouldn’t believe all of it. However, it can be hard to determine what’s true and what isn’t. To ensure you have all the right information you need when filing for divorce, you need an experienced divorce lawyer who can guide you. At Martin Heller Potempa & Sheppard, PLLC, we’ve helped many people going through a divorce and understand the ins and outs of this process.
Contact our Nashville family law firm today to speak with a divorce lawyer.
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