Divorce can be hard on anyone. After all, when you married your spouse, you likely believed you would spend many years with him or her. Now that your marriage is coming to an end, you may have some trouble adjusting to a new reality. You should not, however, let some common divorce misconceptions dissuade you from doing what is best for you and your family.
Some marriage dissolutions are straightforward while others are decidedly not. Perhaps the best thing you can do to prepare for your divorce, though, is to have accurate information. Here are three divorce myths you should not believe:
Myth: You must divorce where you married
For some reason, individuals often think they must divorce their spouses in the same state in which their marriage took place. While some individuals live in the same place forever, many move. Fortunately, the U.S. Constitution’s full faith and credit clause allows you to file for divorce wherever you live. As long as you have lived in the Sunshine State for at least six months, you can likely ask a Florida judge to dissolve your marriage.
Myth: If your name is on the title, you get the property
Florida judges take an equitable distribution approach when dividing marital property. That is, they determine what is fair to each spouse. Accordingly, even if your name is on certain assets, you may not receive them after your divorce. You can, though, probably keep assets you own independently.
Myth: If your spouse cheated, you get everything
Adultery is often a fast way to ruin a marriage. Nevertheless, your partner’s bad behavior likely does not affect what happens to marital assets. If, on the other hand, your spouse wasted marital wealth during the affair or covering it up, a judge may award you a greater share of marital property.
Divorce can be confusing. Still, you should not let common myths cloud your judgment. By understanding Florida’s divorce laws, you can both manage your current situation and plan for your post-divorce future.