The Truth About Divorce: What the Internet Gets Wrong
When it comes to divorce, there is a lot of misinformation circulating on the internet. Here are some of the most common myths and misconceptions that my clients encounter online, along with the realities that dispel them:
a) “If I move out of the house, I have abandoned my interest in the house.”
Nothing could be further from the truth. When and how the house was purchased is the primary factor in determining whether the house is a marital asset. If your living situation has become too toxic or stressful, you may remove yourself from the home, and it will not affect how the home is distributed in the divorce.
b) “If the house is titled only in one spouse’s name, the other spouse has no right to the house.”
Again, how the home is titled is not the primary factor in determining either whether it is a marital asset or how it will be distributed. The history of the purchase and the contributions of both spouses play a significant role in these decisions.
c) “One parent or the other will have ‘custody’ of children.”
Florida does not recognize “custody” of children. Instead, there is parental responsibility, which involves making decisions about the children, and timesharing, which pertains to where the children will spend their time. Neither parent will have “sole custody” of the children. One parent may have more time with the children or have ultimate decision-making authority over certain areas of the child’s life, such as education, medical, or religious decisions, but this is rare.
d) “If the parents’ income is equal and timesharing is equal, neither parent will owe child support.”
Child support is based upon what the legislature has determined is the cost of raising a child, given the combined incomes of the parents. This is just the starting point. Other factors, such as the cost of each parent’s health insurance, daycare, and the child’s health insurance, are also considered. Online child support calculators often do not account for all these variables and can be misleading.
e) “Bad behavior, such as engaging in an extramarital affair, means the person who did so will not receive alimony and/or will not have equal timesharing with the children.”
While bad behavior can influence certain aspects of a divorce, it does not automatically disqualify someone from receiving alimony or having equal timesharing. The court’s primary concern is the best interests of the children and fair financial arrangements.
Misconceptions About Collaborative Divorce
When considering a divorce, many people are unaware of the benefits of collaborative divorce and hold misconceptions about its effectiveness and necessity.
Why Choose Collaborative Divorce?
One common concern is the perception that collaborative divorce is only for couples who are already amicable. However, the collaborative process is designed to handle conflicts and misunderstandings in a constructive manner, making it suitable even for couples who are experiencing significant disagreements.
Additional Costs
Another concern is the cost of a collaborative divorce, which includes paying for additional professionals such as financial advisors and coaches. While this might seem like an added expense, the holistic approach of collaborative divorce often results in a more efficient and less adversarial process, potentially reducing overall costs. Traditional divorces can lead to prolonged litigation and higher legal fees, while collaborative divorce aims for a quicker, amicable resolution, which can be more cost-effective in the long run.
Why Collaborative Divorce is a Better Alternative
1. Amicable Process: Collaborative divorce focuses on negotiation and cooperation, reducing the animosity and emotional stress often associated with traditional divorce.
2. Tailored Solutions: The collaborative process allows for customized solutions that address the unique needs and goals of each family, rather than a one-size-fits-all court ruling.
3. Preserving Relationships: Especially important for couples with children, collaborative divorce helps maintain a respectful relationship post-divorce, which is crucial for effective co-parenting.
4. Confidentiality: Collaborative divorce keeps your matters private, unlike court proceedings, which are public record.
5. Control Over Outcomes: Clients have more control over the decisions and outcomes of their divorce, rather than leaving these in the hands of a judge.
Preventing Miscommunication and Stress
Miscommunication and stress are significant contributors to the increased time, cost, and emotional toll associated with traditionally litigated divorces. Collaborative divorce can prevent these issues by:
● Facilitating Clear Communication: The collaborative process encourages open and honest communication between both parties, reducing misunderstandings and fostering a more cooperative environment.
● Managing Emotional Stress: By addressing the emotional aspects of divorce constructively, collaborative divorce helps prevent emotional stress from derailing the process, keeping discussions focused and productive.
● Streamlining the Process: With better communication and less emotional turmoil, the collaborative process tends to be more efficient, reducing the time and cost involved.
● Creating Customized Solutions: The collaborative approach allows for tailored solutions that meet the specific needs of both parties, reducing the likelihood of future conflicts and litigation.
The Collaborative Divorce Center
Remember – you are not alone, and we are here to help. We are dedicated to providing compassionate and comprehensive assistance through the collaborative divorce process.
At the Collaborative Divorce Center in Daytona Beach, we recognize the importance of addressing all aspects of divorce, including financial, emotional, and practical considerations. Our goal is to ensure that both parties work towards a resolution that respects their interests and needs.
Whether you’re concerned about your financial future, health insurance, or maintaining family relationships, we are here to guide you every step of the way. Our goal is to help you navigate this challenging time with the support you need to reach a fair and amicable agreement. Call us at 386 271-8044 to schedule a full consultation and take the first step towards a brighter, more secure future.
