Six Common Divorce Myths
People’s perception of divorce is often based on what they see on television and in movies or hear from friends. If you are considering filing for a divorce in Virginia, it is important to be aware of the facts rather than relying on misinformation. Our Leesburg divorce attorneys dispel some common myths.
Get The Facts About Divorce Proceedings In Leesburg
When filing for a divorce through the Loudoun County Court, there are important matters that must be resolved that can impact you for years into the future. Rather than relying on outdated information or myths, get the facts on some vital issues:
- You must name fault grounds when filing for divorce.
Under the Virginia Statutes, there are fault grounds you can specify when filing for a divorce. These are behaviors on the part of your spouse that caused the marriage to fail. They include abandonment, adultery, abuse, and addiction to drugs or alcohol. These are all important issues that should be discussed with your divorce attorney. However, you do not need to specify fault grounds to get a divorce in Virginia. You can also file a ‘no fault’ divorce, on the basis of irreconcilable differences.
- Your spouse must agree.
You do not need your spouse’s consent or cooperation to get a divorce in Virginia. If they fail to respond to divorce papers served on them, it could actually work against them, jeopardizing their rights in any final orders issued. Even if they go into hiding and you are unable to locate them, you can still obtain a divorce through publication in your local paper.
- Property and assets are split evenly.
Marital property and assets are split on an equitable basis in Virginia. This means the judge will consider numerous factors in your case before deciding on a split that is fair to both parties involved, though not necessarily even.
- Only women get spousal support.
While this may have been true in the past, both men and women may be entitled to spousal support today. It depends on whether you make less than your partner or sacrificed your own career or education for the sake of the marriage.
- Mothers are always awarded custody.
Again, this may have been true in the past but is not so today. Courts are generally in favor of child time sharing arrangements, which allow both the mother and father to continue playing an active and engaged role in the child’s life.
- You can save money filing for divorce yourself.
This is one of the biggest myths surrounding a divorce. Filing a divorce petition on your own or representing yourself in divorce proceedings can cost you not only time but money. You are likely to pay more in court costs and other fees, while getting less in any divorce settlements or final orders.
Let Us Help You Today
Rather than rely on myths, get the facts about divorce at Schwartz Kalina, PLLC. To request a consultation, call or contact our Loudoun County divorce attorneys online today.