3 Common Divorce Myths

3 Common Divorce Myths: Cheating, Contested Divorces, and Courts’ Preference for Women

Many myths about divorce circulate as truth—to the point that many people assume outcomes ahead of time that just aren’t true. The most damaging myths pertain to assumptions about finances and supposed biases that judges and courts will hold against the other spouse. Here are three particularly damaging myths that we often hear as we help our clients.

  1. Women always get preference by judges. Historically, this may have occurred more often. However, times are changing and courts have become more objective about analyzing all available evidence before making a decision. In particular, we see trends with fathers’ rights, child custody, and alimony that show courts equally considering men. Women may statistically still get awarded custody more often than men, but don’t let numbers make you assume it’s true for all cases.
  2. Divorce means preparing for legal battles. Actually, most divorces never get to a contested court phase. Most counties even require that spouses attempt mediation before battling it out in court. When we think of divorce, we often think of dramatic movies and TV shows where the spouses yell and argue with each other. In reality, you and your spouse will most likely amicably conduct an uncontested divorce, go through mediation, and resolve your differences without ever battling or attacking each other in front of a judge.
  3. If my spouse cheated on me, then the court will favor me. Divorce is not a morality trial. You may feel that if your spouse cheated on you then a judge will come down hard on him or her on all other matters. However, divorces today show more concern about dividing financial assets in the best way possible and making sure the children’s best interests are served. Plus, Georgia is a no-fault divorce state. That means the reasons that lead to divorce are almost irrelevant. Treat a divorce more like the dissolving of a business rather than a place to make your moral grievances heard.

As a general rule of thumb, always question your assumptions about divorce. The media often misrepresents and exaggerates many aspects of the divorce process for sensationalism. If you’ve never gone through a divorce and your knowledge stems from questionable sources, then do some research.

And, if you have questions about these and other myths, please call us to schedule a consultation.