If you are considering divorce it’s more than likely you have confided in a friend or family member. Our senior divorce lawyers caution clients to take all the advice they receive with a grain of salt. Every divorce is unique and there are many paths you can take to get to a final divorce judgement. What works for one couple may not work for another. In this article we debunk the top 5 myths we hear from our clients.
It’s Going To Leave You Bankrupt
There is no denying divorce is expensive. However, there are many options for resolving your dispute and reaching a final agreement outside of court. Some dispute resolution options are much cheaper than others. For example, collaborative divorce methods tend to resolve issues faster and cost much less than litigating and going to trial. Mediation and arbitration or a hybrid of mediation with arbitration have become extremely popular with those hoping to divorce in an amicable and more affordable way.
Your Children Will Hate You
The days leading up to telling your children about divorce are said to be the hardest part of the entire process. However, many parents claim that once the initial conversation has wrapped up and everyone has time to adjust to their new situation, it’s rarely as bad as they thought it would be in their minds. Children are known for being extremely resilient. Yes, they will be upset and depending on their age show signs of aggression, disappointment, anger and sadness. However, many studies say children of divorce, who are not exposed to on-going conflict, can grow up to live fulfilled lives.
Women Always Win Parenting Battles
In reality, the Court will always look to the best of interest of the child. This means the court will look to the parent who can provide the “greatest possible protection of the child’s physical, psychological and emotion safety”. Factors to be considered are: the status quo, this involves looking at the child’s care history, the parent’s willingness to cooperate and communicate the child’s needs, instances of family violence and the child’s wishes. In an amicable co-parenting situation, shared parenting may be awarded and both parties will share the responsibilities and decision-making abilities about the children together.
Initial Consultations Result in Retainers
A typical lawyer meets with dozens of potential new clients each week. They do not go into the initial consultations expecting you to retain – and neither should you! During the initial consultation a lawyer will review your specific situation and provide legal advice as well as what your next steps should be. You are under no obligation to retain at the conclusion of the meeting. We encourage our clients to take time to think about the information provided in the initial consultation. We can even provide a retainer agreement for you to take home and review if you do not feel comfortable signing on the spot. Finally, we encourage clients to seek a second opinion if they wish to learn more about their situation from another perspective. Trust us – we don’t take it personally!
You’re Going To Have To Sell Your Home
The idea of selling your family home can be very emotional for many people. Often, couples do opt to sell the home as they find it necessary to downsize when living off a single income. However, this is not always necessary. The Family Property Act governs the division of property during a divorce. Generally, when a marriage ends the family home is divided equally. In amicable situations one party may opt to buy out the other to allow them to stay in the home. If the situation is high conflict and both parties refuse to leave the home, one may apply for an Exclusive Possession Order which would gives the Courts the authority to give exclusive possession of the home to party.
Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.