Most people have limited first-hand knowledge about divorce. Information provided by others with personal divorce experience may not be reliable either.
Some of those people may have divorced in another state, meaning they don’t understand the rules that apply in Arizona in particular. Other times, the circumstances are so vastly different between one case and the next that generalizing the outcome of one divorce results in inaccurate assumptions about the process.
Many people believe inaccurate information about divorce. The five myths below are all relatively common. Unfortunately, people who believe them may have a harder time preparing for divorce.
Myth #1: People need proof of fault
Many people assume that they need evidence to justify a divorce petition. They think that they need evidence of misconduct to file. Spouses in Arizona can pursue no-fault divorces without any proof of marital misconduct whatsoever.
Myth #2: Spouses must agree to divorce
Some people mistakenly assume that they cannot file for divorce without the support of a spouse. One spouse may believe that their partner can prevent them from filing for divorce successfully if they have personal or religious objections to divorce. However, marriage requires the ongoing mutual consent of both spouses. Either spouse can file for divorce without the permission or approval of the other.
Myth #3: Personal bank accounts are separate property
Many of the inaccurate assumptions about divorce relate to property division matters. Some people think that they can protect their retirement savings account or personal checking account as separate property. They may also think that their spouse is solely responsible for a credit card because it is only in their name. The name on the account has less bearing on property division than the timing of when people acquired an asset or took on a debt.
Myth #4: The courts favor one parent
One of the most common misconceptions about divorce involving children is the idea that the courts favor one parent over the other. In reality, the statutes related to child custody and parental responsibilities are sex-neutral. They do not reference fathers or mothers but rather parents in general. The goal is to establish arrangements that are in the best interests of the children.
Myth #5: Judges control the entire process
Some people choose not to divorce despite being unhappy because they believe that litigation is the only option. They assume that they have to rely on a judge to divide marital property and allocate parental responsibilities. However, spouses preparing for divorce have the option of settling and pursuing an uncontested divorce. They can set their own terms that a judge must then review and approve.
Learning the truth behind common misconceptions about divorce can help people prepare for the legal process ahead. Spouses with accurate information about divorce may feel more comfortable asserting themselves in family court.
