Divorce is a challenging experience for the parties and their families, but it is not always what they expect it to be. This emotionally charged process is often clouded by myths and misconceptions that do not help and only mislead individuals beginning this significant life change.
Divorce is always adversarial
Some divorces can be contentious, but not all divorces are. It is possible to have a non-adversarial divorce, and it all depends on the parties and their attorneys. If both spouses are committed to remaining civil during this process, for themselves or the well-being of their children, they certainly can.
One party will lose half of all marital assets
In Arizona, when assets are divided during a divorce, it is not a strict 50/50 split. Instead, the court uses a legal doctrine called equitable distribution, where many factors are considered for a split that reflects fairness rather than equality.
Infidelity determines divorce outcomes
While infidelity can be a painful reality for any spouse to accept, when it comes to divorce in Arizona, this fact does not automatically influence the division of assets or child custody. The court will evaluate other factors, independent of marital misconduct, when determining fairness and the best interests of the child.
Children always suffer during divorce
How parents handle the divorce, from start to finish, has a lot more influence in how the children do than the divorce itself. Children need stability, safety, and to know that their needs are and will be met, regardless of what is happening between the parents, which means that the spouses have a great deal of power in how their children fare.
While divorce inevitably brings up myths and misconceptions, it is important to know what is and what is not true, particularly when it comes to serious matters, such as division of assets and how the court determines child custody. Speak with your attorney to gain an even better understanding of these myths and any others that may come up during your divorce.
