Getting divorced is emotionally, mentally and financially stressful for you and your family. If you realize your marriage isn’t working and you’re considering separating from your partner, you may be concerned about the outcome for your family. Divorce and family law myths commonly portrayed in the media may lead you to believe the process will be harmful, cold and damaging to everyone. These beliefs are untrue for many who have a peaceful divorce and consult with a family lawyer who prioritizes honest, efficient and mindful procedures.
Myth #1 – Divorce is cold and hostile
The truth – A friendly and mindful divorce is a less stressful and contentious possibility.
Television shows and movies portray divorce as a hostile process with explosive arguments and damaging accusations. Yet, many separating spouses hold respect and empathy for one another and desire a positive outcome for everyone. An empathetic and compassionate family lawyer can help you and your partner end your marriage peacefully, divide assets and prepare the necessary paperwork with minimal stress and hostility.
Myth #2 – You must be separated for one year before starting your divorce proceedings
The truth – You can start your divorce proceedings as soon as you separate.
Although you can not obtain a divorce until you and your spouse have been separated for a minimum of one year, you can immediately start the divorce proceedings. This means you can begin organizing child custody, child and spousal support and asset division. A family lawyer can help you navigate your divorce proceedings to ensure you have an efficient and smooth divorce.
Myth #3 – You will equally split physical custody of your child(ren)
The truth – The court will decide what custody situation is best for your child(ren).
An additional myth is that the court favours the mother in child custody negotiations. The truth is the court considers:
- The capacity of each parent to provide for the child
- The parents’ physical and mental health
- The stability of each parent
- The emotional ties between the child and parents
- Which parent will encourage a healthy relationship with the other
There are four main categories of child custody (sole, joint, shared and split). A family lawyer can help your family determine the best possible custody arrangement for your child.
Do you need a family lawyer in Surrey?
At Highland Law, our family lawyers help to separate spouses obtain a mindful, efficient and cost-effective divorce. We provide practical and honest solutions while navigating divorce, child custody laws, parenting disputes and separation agreements.