Every divorce attorney has had to correct some misconceptions about the process that they've heard from clients. Given that time with a lawyer is being paid for, it might save you a buck to know some of the more common myths and errors that people have about divorce. Let's take a look at three that are frequently heard at every divorce attorney service firm.
It's Possible to Fight a Divorce
Prior to the reform of the system in the 1970s, it was possible to prevent a divorce. In 1969, California adopted the no-fault system, and America changed rapidly along with the most-populated state. By 2010, all the laggards had caught up.
The modern American divorce system is predicated on the notion that a marriage is no longer tenable. Under the old system, it was necessary to prove harm, such as infidelity or abuse. Now, one party must simply convince the court that there are irreconcilable differences. Given that divorce proceedings are underway by the time the matter reaches a judge, it's almost always taken at face value that the marriage is untenable.
The Other Party Can Be Punished
This one is more of a misconception than an outright myth. If you want to pursue an at-fault divorce and your state allows it, it may be possible to impose harsh terms on the other party. Doing so usually calls for a high standard of evidence, and most people avoid taking this path because the no-fault method of divorce is generally simpler to deal with.
As is normal for lawyers to do, you can expect your divorce attorney to recommend you follow the path of least resistance. Even if you're angry about being cheated on or mistreated, it's usually best to leave well enough alone and just terminate the marriage.
You're Going to Be Cleaned Out
Divorce is not about one side or the other wiping someone out financially. The court does take into account certain factors, such as the standard of living at the time the marriage fell apart.
America's courts do not want to leave one party destitute, and that goes both ways. If one partner made significantly more money, they may be ordered to pay spousal support. The court usually imposes support for a limited number of years based on how long the marriage lasted. Some folks who've been in very short marriages may receive little to no support.
For more information, talk to a local divorce attorney.