There are a several Georgia divorce myths circling around that are thriving because some choose to be comforted by fiction. It is worth addressing these Georgia divorce myths so that should you find yourself going through the divorce process, you will be informed and thus less likely to be find yourself encountering any unwanted surprises.
If the other parent does not pay child support, you can keep them from visiting the children.
This is false. It is worth noting that visitation rights and child support are different things and they do not directly influence each other. If one parent falls behind on child support payment the appropriate action would be to resolve it in the court. It is also important to remember that child support is not leverage for visiting rights as the judge may see this as a means to get money.
Committing adultery means that you get nothing.
Recently, divorce has been seen as an economic unit splitting up and less as a husband and wife who stopped loving each other. Adultery is one of the grounds for divorce in the state of Georgia but it has to be proved and that takes time and resources. Keep in mind that even if adultery is the reason for a divorce, it will not entered into the property settlement
One of the spouses has the power to deny the other a divorce.
Prior to the introduction of the no-fault divorce, one of the spouses could cold make it so difficult to get a divorce that it seemed almost impossible. Now a days the divorce process can be a bit strenuous and some spouses do try to postpone the divorce, but in the end if one of the spouses is committed to the divorce, it will happen
Children will always go to the mother.
The mother does not automatically keep the children in a divorce. It is true that in most cases the mother keeps the children and the father pays child support, this is probably due to the spouses feeling that the children’s best interest would be with the mother. In other cases where both parents want custody, it is up to the judge to decide who will get custody based on the best interests of the children, meaning that the judge will determine who will be the better care-taker and nurturer False.
A lawyer is required for a divorce.
A lawyer is not required; everyone has the right to represent themselves. In fact, in a divorce that does not involve any children; large amounts of property to divide, and both of the spouses can agree on the divorce terms, a lawyer may be an unnecessary expense. However, if the opposite is true, it may be in your interest to hire an attorney to keep make sure you get a fair deal.
You can divorced the same day you get married in Las Vegas.
A same day divorce is not possible in Las Vegas, Nevada. At least one of the spouses needs to be a resident of Nevada for at least six weeks before filing a petition for divorce. After the petition is filed it could take up to 90 for the divorce to be finalized.
A divorce can only happen in the state you got married.
In order for one of the spouses to be able to file for divorce, there is normally a residency requirement, meaning that at least one of the spouses has to be a legal resident of the state they want to file for divorce in. This usually just means that one of the spouses has to have lived a certain amount of time in the state, the amount of time varies from state to state.
If you get a smaller property settlement, you don’t have to pay child support.
It is important to remember that child support and property settlements are a totally different thing. The court uses different methods to determine child support payment. Simply because the non-custodial parent chose to receive a smaller property settlement does not mean that they are relieved of their moral obligation to support their children.
Stuff in my name only means it is only mine.
This is not always true, if one of the spouses puts the house in their name but live there with the spouse, that might make it to be considered marital property. Also, if the house is paid for using marital money, then that means that the other spouse may receive interest. It is important to remember that most property acquired during the marriage is subject to be divided between the spouses.
The engagement ring and the wedding bands need to be divided fairly.
This not true, the engagement ring is considered to be the property of the wife and since wedding bands are a gift between the spouses they usually don’t end up being divided.
Winnings from the lottery need to be divided between the husband and wife.
It is has been stated by the courts that any prizes won by either spouse during the marriage are marital property and thus subject to be divided between them at the time of divorce, regardless of who purchased the winning ticket.
All contested divorces have to go to court.
This is not true; the actual number of divorce cases that need to be settled in court is minimal. If an attorney is involved, odds are that are trying to reach a settlement without having to go to court, because doing so will keep expenses low.
A divorcing spouse can always count on alimony.
This also untrue, in most cases alimony is not awarded at all. Alimony is normally awarded to the spouse that had no job during and was the caretaker for the family, or if one of the spouses has been pout of the workforce for so long that finding a job would be a difficult task.
Divorce guarantees resentment between the spouses.
This is not necessarily true. If both spouses can cooperate and come to mutually beneficial agreement or if both of them agree that a divorce is the best choice then odds are that they will not be bitter towards each other. However, if one of the spouses is making the divorce an unbearable headache, it is natural to start to hold a bit of resentment.
Children make a marriage better and help it last.
This is one of the most popular myths. In reality, the marriage lasts and thrives when the spouses put each other first. If a spouse feels that the other spouse is losing interest in them that may cause certain emotions to grow. The belief that having a child will reaffirm the spouses love for each other and even if that love is no longer there, the parents should stay together for the sake of the children is a thought from the past.
However, the arrival of children who are welcomed by their parents probably makes a strong marriage better. But the patter of little feet in the lives of a couple who think the child will do for them what they cannot do for themselves is often a preliminary to divorce.