Unfortunately, divorce is a common part of the American landscape. We all know at least one person who has lived through a bad divorce and who can easily recall the painful details. And despite conventional wisdom and enormous amounts of anecdotal information, many divorce myths are still around.
Divorce—fact versus fiction
- I can start dating now that the divorce is filed.
Filing for divorce is certainly a start to the process of dissolving your marriage. However, if your divorce is still pending you may want to hold off on entering the dating pool. Commencing a new relationship before your marriage is dissolved and the issues are ruled on by the court could affect the outcome of custody and visitation matters. Before embarking on a new romantic relationship, consult with your divorce lawyer about negative effects it could have on your divorce action.
- Aggressive divorce attorneys always get you a better settlement.
Although having a strong advocate in your divorce can serve to protect your rights and interests, it is no guarantee your settlement will include all or most of the assets. In Massachusetts, marital property distribution is based on a variety of criteria that have been carved out in a multitude of Massachusetts cases and the Massachusetts General Laws. Having a smart attorney who is dedicated to working hard for your best interests makes more of a difference.
- In a divorce, the mother always gets the children.
While that may have been true in the past, current trends are leaning toward joint physical custody and shared parenting arrangements. The court’s duty is to serve the best interests of your child, not yours. For your children’s sake, it is wise to take the same attitude as the court and truly consider what is in their best interest.
- If my spouse doesn’t pay child support, I can keep him/her from seeing the kids.
This is not true. Visitation and child support are two separate issues and you may not withhold court-ordered visitation rights as a means to receive child support without violating the court’s orders…
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