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Divorce Myth: Because the house is in my name, it's mine

Seven Exceptional Divorce Myths

By Mary Stearns-Montgomery | Jun 11, 2013 | Divorce
 

Going through a divorce can put a major strain on you mentally. While it is natural to seek advice and share your thoughts with family, close friends and even complete strangers like a bartender, don’t take their advice to heart. In efforts to achieve an effective divorce, invest the time and money it takes and meet with an experienced divorce attorney. An experienced divorce attorney will guide you through the process and answer any questions including the options and common divorce mistakes and myths.

Here is a list of seven exceptional yet common divorce myths that can easily be overseen and over-thought during the divorce process.

1. I have to get the divorce in the state we were married

Not the case. If either you or your spouse live in Georgia, then the divorce may be filed in Georgia. Talk to your lawyer before taking the appropriate steps to an effective divorce.

2. Because the house is in my name, it’s mine

Not so much. In Georgia, the law requires equitable division, meaning a couple must divide marital property fairly but not necessarily equally. Houses, income, cash, stocks and bonds, cars, and insurance all constitute as marital property if they were acquired during the marriage.

3. Before filing for divorce, we have to go to counseling

Not the case. While it sounds necessary to participate in, Georgia Law does not require divorcing couples to attend counseling.

4. Mediation means that divorced couples still must hire lawyers to file a divorce

Not so much. Divorce mediation in Georgia is a process where the divorcing couple gets together to find common ground about the details of their divorce before a judge. Depending on the issue or circumstance such as child custody and drafting agreements, a divorce lawyer may or may not be necessary; however it is always advisable to speak to an attorney before you make this decision.

5. The mother will most likely get custody of the children

Not the case. The sole question to be determined is what is in the best interests of the child, regardless of the parent’s gender. A judge will make the decision based on the facts.

6. Getting a Georgia divorce is expensive

Not necessarily. It honestly depends on the situation and who is involved. Do your homework ahead of time. Ensure you have all your financials in order, and be open to talk about these costs with your divorce lawyer. Click here for more information about the financial impacts of divorce in Georgia.

7. Our children will be fine during and after our divorce

Not the case. It can be a devastating and emotional time for children, and it’s easy for parents not to notice how their children feel. Keep in mind the children’s best interests and maintain a normal routine in both homes. As discussed in a recent blog post, parental alienation may occur. Foster their best interests by maintaining and building strong relationships with both parents and do your best to avoid exposing them to conflict.

Talk To Our Experienced Atlanta Divorce Attorneys Today

Meet with an experienced divorce and family law attorney to discuss your case, understand your options, and get all the answers to your questions before you go through the divorce process. The attorneys at Stearns-Montgomery & Proctor guide families all over the State of Georgia through the divorce process. We understand divorce law, and we give you the best advice possible. To schedule a consultation, call us at 770-280-1488 or complete our simple contact form.

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