Debunking Common Misconceptions About Divorce

There are many misconceptions about divorce, including that divorce always has to be a drawn-out, toxic fight and that it is always expensive. Understanding the truth about your options can help you make informed choices about ending your marriage! 

Key Takeaways:

• Divorce does not have to be a prolonged battle, and you do not have to prove fault or get the cooperation of your spouse in order to proceed.
• Mothers do not always get custody of children–custody is determined by what serves the best interest of the child.
• Divorce doesn’t have to be expensive, and it doesn’t mean that you lose everything. 

Divorce is one of the most misunderstood legal processes, with plenty of misinformation floating around. Some common anxieties around divorce are based on myths that underscore fears about bias, stress, and complicated procedures–we are here to confirm to you that many of these fears are unfounded.

If you are considering divorce in Georgia, it is crucial to separate fact from fiction so you can make informed decisions about your future. At Lunn Law, we often hear the same myths repeated by clients who are unsure of what to expect. Below, we break down some of the most common misconceptions about divorce and provide clarity on what the process really entails. Give our latest blog a read below to put inaccurate anxieties to rest!

Myth 1: Divorce Always Has to Be a Long and Ugly Battle

Many people assume that divorce is always a long, contentious courtroom battle filled with hostility. While some divorces do become complicated, the reality is that many couples are able to reach amicable agreements without a drawn-out legal fight.

In Georgia, spouses have the option of filing for an uncontested divorce, where both parties agree on key issues such as property division, child custody, and alimony. When both spouses are willing to negotiate, the process can be much smoother and less stressful.

When you are entering the divorce process, choosing a process like mediation and negotiation over litigation can save you from a courtroom battle and allow you to make private, mutual decisions with your spouse that will benefit both of you and cut down on stress.

Myth 2: Mothers Always Get Custody of the Children

One of the most persistent common misconceptions about divorce is that mothers always receive full custody of the children. While this may have been a common outcome in the past, Georgia law does not favor one parent over the other based on gender. Instead, the court prioritizes the best interests of the child, and those interests are typically served by maintaining a strong relationship with each parent. Factors such as each parent’s ability to provide a stable home, their relationship with the child, and their willingness to encourage a relationship with the other parent all play a role in custody decisions.

Myth 3: Adultery Guarantees a Better Settlement

Many people believe that if their spouse was unfaithful, they will automatically receive a larger share of the marital assets or more favorable terms in their divorce settlement. While adultery is one of the legal grounds for divorce in Georgia, it does not automatically result in a financial windfall for the other spouse. However, if the unfaithful spouse spent significant marital funds on an affair, it could impact how assets are divided.

Myth 4: You Must Prove Fault to Get a Divorce

Another common misconception about divorce is that one spouse must prove wrongdoing to be granted a divorce. In Georgia, this is not the case. While the state allows for fault-based divorces, the most common type of divorce is a no-fault divorce, where one spouse simply states that the marriage is irretrievably broken, meaning that neither party has to prove misconduct to move forward with the process.

Myth 5: Divorce Means You Lose Everything

Some people fear that they will walk away from their divorce with nothing, especially if they were not the primary earner in the marriage. Georgia follows an equitable distribution model, which means that marital assets are divided fairly, but not necessarily equally. The court considers factors such as each spouse’s financial contributions, future earning potential, and the length of the marriage when determining asset division. You won’t be left with nothing, but it’s important to have legal guidance to ensure your financial future is protected.

Myth 6: You Can Deny Your Spouse a Divorce

A common misconception about divorce is that one spouse can refuse to sign the papers and prevent the divorce from happening. In reality, while an uncooperative spouse can delay the process, they cannot ultimately stop a divorce from being granted. If one spouse wants a divorce and the other refuses to participate, the filing spouse can still move forward and obtain a divorce through the court system.

Myth 7: Divorce is Always Expensive

The idea that every divorce is financially devastating is not always true. While some divorces can be costly, especially those involving disputes over assets and custody, many cases can be resolved through mediation or negotiation, significantly reducing costs. By working with an experienced divorce attorney, you can explore cost-effective solutions that fit your circumstances.

Myth 8: Divorce Always Harms Children Irreparably

One of the biggest concerns for divorcing parents is the impact of the separation on their children. While divorce is undoubtedly a major life change, it does not automatically cause irreparable harm. Studies have shown that children adjust better when parents handle divorce in a cooperative and supportive manner.

Maintaining open communication, prioritizing the child’s well-being, and fostering a healthy co-parenting relationship can help children navigate the transition successfully. In many cases, divorce can even create a more positive and stable home environment when conflict between parents is reduced.

Myth 9: You Don’t Need a Lawyer for Divorce

With so much information available online, some people believe they can handle their divorce on their own. While it is technically possible to file for divorce without an attorney, doing so can be risky. Divorce involves complex legal issues that could have long-term consequences for your finances, parental rights, and future stability. An experienced attorney can help you avoid costly mistakes and ensure that your interests are protected throughout the process.

Lunn Law Offers Compassionate Service for New Beginnings

At Lunn Law, we understand that divorce is a deeply personal and emotional experience. Our goal is to provide compassionate legal support while helping you navigate the legal complexities of ending a marriage. Whether you are facing a contested or uncontested divorce, we are here to guide you every step of the way. Reach out to book an initial case assessment today and let’s discuss how we can help you move forward with confidence.