W. Tyler Moore, PC

Don't fall for these common divorce myths

While many people in Houston know someone who has gone through a divorce, when it comes to divorce, no two cases are alike, just like no two marriages are alike. It is important not to compare your divorce to those of others. In addition, it is important not to fall for the following myths some people may have about the divorce process.

First of all, not every divorce ends in a courtroom show-down. Instead, it is possible to negotiate the terms of one's divorce out of court. When this happens, the parties need only submit the final agreement for court approval, necessitating only a brief hearing, if that.

Second, when it comes to property division in a divorce, it doesn't always matter whose name is on the title. If a piece of property was obtained during the course of the marriage, it may be considered part of the divisible estate. That means that if a piece of property is considered to be marital property, it can be subject to division in the event of a divorce, regardless of whose name is on the title.

Similarly, just because a spouse moves out of the family home doesn't mean they no longer have a right to it. If it is marital property, it will be divided as such. Moreover, just because a spouse has moved out of the family home doesn't mean that they no longer have to pay the mortgage. As long as the home is a joint asset, both parties are responsible for paying the mortgage.

When it comes to child custody, these days courts recognize that both fathers and mothers play an important part in a child's life. Just because one party is the father doesn't automatically mean he will only get the children every-other weekend and the children will primarily live with their mother. These days, child custody and visitation schedules can be negotiated in a way that allows each parent to spend a meaningful amount of time with the child.

As this shows, the divorce process these days is very different than it was 20 years ago. Many couples may find that their goal in a divorce is to reach a fair and appropriate resolution. Sometimes, it is better to walk away with an agreement that has been negotiated out of court, without the rancor and stress litigation can bring.

Source: The Huffington Post, "6 Prevalent Myths You'll Hear About Divorce," Andy Calloway, Aug. 9, 2017

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