What Are Some Common Misconceptions About the Divorce Process?

What Are Some Common Misconceptions About the Divorce Process?

When it comes to divorce, misinformation can add unnecessary stress and confusion to an already difficult process. I am committed to providing accurate information and compassionate legal representation to clients in Missouri. In this blog post, I will debunk five common misconceptions about the divorce process, shedding light on the truth behind each myth. By addressing these misconceptions, I aim to empower individuals going through a divorce with the knowledge they need to navigate the process confidently.

Common Myths About Divorce in Missouri

1. Divorce Requires Fault: One of the most prevalent misconceptions about divorce is that fault needs to be proven. In reality, Missouri follows what I refer to as a modified no-fault divorce system. This means that neither party needs to assign blame or prove misconduct to dissolve the marriage. The focus is on finding an equitable resolution for both parties involved. However, in the event that one spouse claims that the marriage is not irretrievably broken, the spouse seeking divorce must present evidence of at least one of several statutory factors which supports why the court should grant the petition for dissolution of marriage.  
2. The Mother Always Gets Custody: Another common misconception is that mothers automatically receive custody of the children in divorce cases. However, Missouri courts prioritize the best interests of the child when determining custody arrangements. Factors such as the parent’s wishes, which parent is more likely to allow the other parent frequent, continuing and meaningful contact with the child,  the child’s connection to home, school and community, the child’s relationship with each parent, any history of domestic violence and the child’s wishes are considered. Fathers have equal rights to custody. The court strives to create a parenting plan that promotes the child’s welfare and maintains a healthy relationship with both parents, unless that relationship is contrary to the child’s best interest.
3. Divorce Always Leads to Financial Ruin: Financial concerns often loom large in divorce proceedings, leading to the misconception that divorce inevitably leads to financial ruin. While there may be financial implications, it is important to remember that every case is unique. Through negotiation and careful consideration of assets, debts, and the financial standing of both parties, a fair division of property and spousal maintenance can be achieved. My team will vigorously advocate for your financial interests, aiming for a settlement that enables you to move forward with confidence.
4. All Divorces End Up in Court: Contrary to popular belief, not all divorces end up in court. In fact, many couples are able to reach amicable resolutions through settlement. Settlement occurs when an agreement is reached between spouses through negotation without involving the judge. Sometimes, alternative dispute resolution methods like mediation, or collaborative law are utilized. These alternative dispute approaches focus on finding common ground and promoting open communication, allowing couples to make decisions about their future without the need for costly and time-consuming courtroom battles. I will assist you in negotiating a resolution to your divorce without the necessity of trial. Also, I will guide you through these alternative processes, striving for a resolution that is efficient and respectful of your needs.
5. Divorce Is a Single-Step Process: Divorce is a multi-step process with various stages that require careful attention and legal guidance. From the initial preparation and planning to filing the divorce petition, waiting for a response, temporary motions, discovery, settlement or trial, division of marital property, child custody, child support, spousal maintenance, and post-decree issues, each step demands a thorough understanding and strategy. Having an experienced attorney by your side ensures that you are well-prepared and supported throughout each stage of the divorce process.

Contact a Trusted Divorce Attorney

Divorce is a challenging life event, but with accurate information and reliable legal guidance, it can be navigated successfully. By dispelling common misconceptions surrounding divorce in Missouri, I hope to empower individuals to make informed decisions and approach the process with clarity and confidence. I am dedicated to providing compassionate legal representation and personalized support to his clients. Contact me today to schedule a consultation.