Top Myths and Facts About Family Law That You Need to Know About

Family lawMay 4, 2022

There is just too much information about law out there that can confuse you. It is difficult to find out which is right and which is wrong? There are so many things that come under family law, whether it is a divorce, a custody battle, or more? It is important to have the right information about it, having the right information is key to getting the right results from the case you are contesting. So, here are some myths about family law that you should know about and break once and for all.

Mothers Always Get Custody

When it comes to child custody, the law does not favor a mother over a father. The custody is usually given to the parent given the best interest of the child. Very often it is decided by both the opposite parties instead of the fact that the mother has more overnight care than the father. It is a decision reached via mediation.

Several sociological reasons determine what role a party plays based before, during, and after a divorce. The law does not specially treat mothers, as it is all about finding a viable solution at that moment, completely piggybacking on mediation.

Most Family Cases Go to The Court

Our notions of family law predominantly are shaped by what we see in movies and TV shows when most family cases are settled out of court. Any competent lawyer will help you settle the case based on mediation or out-of-court negotiations. This option more often than not is a cheaper option and is easier on the emotions of the concerned parties.

The court is generally used as a last resort and not as the first option. Even if some of the cases do end up in court, there is only a small percentage that reach the final stage of hearing. The final hearing is the time when the judge has to figure out how to divide the assets between the two parties. Usually, these cases are resolved with the help of mediation and/or negotiation.

Divorce is About Dividing the Assets Equally

There is a very misconception among people that there is an equal division of assets between the estranged couple. They are dependent on several factors including the present and the future requirements of the couple, the contribution made by both the parties in the relationship, the other contributions made by the people other than the financial concerns, and the timeline of the relationship.

So, several other elements may impact how the couple’s assets are divided. More often than not, the assets are not divided equally among the couple.

Property is Yours and Not of the Relationship

It does not matter which of the spouse’s names are there on the paperwork, any of the property owned by either party belongs to the relationship, it is for everyone whether it is in the case of worldly possessions like houses, vehicles, and/or bank accounts. This is also dependent on who has the assets. For instance, if you are already estranged and living separately in one of the commonly owned properties, it does not mean that on the other side of the settlement, you will get the property.

You Have to Pay Alimony

Whether you are a man or a woman, it is not required for you to pay up alimony. Whether one of the former spouses will get alimony is dependent on several factors. The factors are, how many years did the marriage last? The age and health concerns of the spouse, the lifestyle of the couple before their marriage annulment. Also, last but not the least, the earning prowess of both the couples.

You Have to Get Married in the Original State You Were Born In

That is another one of the most enduring myths; you don’t have to marry in the state you got married in. You and your spouse just have to be the resident of the state from where you are filing your divorce. For instance, in California, you have to show residency proof of six months and more before opting for divorce.

Which of these myths and facts about family law do you have no clue about? Write to us in the comments section below and tell us.