The dedicated team at Merel Family Law has helped thousands of clients get through divorce and we understand how overwhelming the prospect of divorce can be. If you are thinking about divorce or know that you need to get one, the following lays out myths about divorce and why they are not necessarily true. If you have questions about divorce or want to discuss moving forward with one, our Troy, MI divorce lawyer is here to answer your questions and talk about your options.
Myth 1: Divorce Always Ends In A Court Battle
Many people believe that every divorce ends up in a long, drawn-out court fight. In reality, most divorces are resolved through negotiation, mediation, or collaboration. Court is sometimes necessary, especially if one side refuses to cooperate, but it’s not the only option. Many couples are able to come to an agreement outside of court, which can save time, stress, and money.
Myth 2: Mothers Always Get Custody
While this may have been more common decades ago, courts today are focused on the best interests of the child, not the gender of the parent. Both mothers and fathers have an equal opportunity to seek custody. Judges look at parenting roles, schedules, and the child’s needs when making decisions—not outdated assumptions.
Myth 3: The Higher-Earning Spouse Always Pays Support
Spousal support, sometimes called alimony, is not automatically awarded to the lower-earning spouse. Courts consider many factors, including both spouses’ incomes, how long the marriage lasted, the standard of living during the marriage, and each person’s ability to be self-supporting. In some cases, no support is awarded at all.
Myth 4: Property Is Always Split 50/50
Illinois and Michigan both follow the rule of equitable distribution, not automatic 50/50 division. This means that marital property is divided fairly, but not necessarily equally. Factors such as income, contributions to the marriage, and future financial needs are all considered. The goal is a fair outcome, not a strict half-and-half split.
Myth 5: You Can Be Denied A Divorce If Your Spouse Refuses
You do not need your spouse’s permission to get a divorce. While they may be able to delay the process slightly by refusing to cooperate, no one can stop a divorce from happening if one person wants to move forward. In these situations, the court can still proceed and finalize the divorce without the other person’s agreement.
Myth 6: Everything From Before Marriage Is Off Limits
It’s true that most property owned before the marriage is considered separate, but there are exceptions. If separate property becomes mixed with marital assets—like a bank account or jointly titled home—it may be subject to division. Each situation is different, which is why it’s important to get legal advice about property and financial issues during divorce.
We’re Here To Help When You’re Ready
Award winning Merel Family Law is locally and nationally recognized for helping clients with divorce and other family law matters. We operate with a team of 20 family law attorneys and this means that when you retain one of our attorneys, they are backed by our entire firm. For your convenience, we have three offices in Illinois and one in Michigan. If you have questions about or need help with a divorce or other family law matter, reach out to us any time.
