As you contemplate ending your marriage to your spouse after many years in Alaska together, you may be wondering what to do and when. One of the hardest things about divorce is not knowing which advice you can rely on. Some pieces of information are a lot more interesting than the truth.
You may think it's normal to see couples arguing, destroying their property and doing other malicious things to one-up each other. However, this is one situation where believing the wrong things can cost you in the end. Look over a few common divorce myths so you can avoid making devastating mistakes in your situation.
Custody and visitation are predetermined
Custody and visitation may seem like they are solely based on who provides the most financial support. However, child custody and visitation agreements are always based on the children's best interests. To determine your kids’ best interests, the courts will assess their emotional and physical health, parental preferences and the desire and capacity of each parent.
Moving out of the marital home voids ownership rights
It is a common tactic on television. One spouse resorts to making life so unbearable that the other partner moves out. The person still living in the marital home automatically receives ownership in their divorce decree.
This is pure fiction. In real life, moving out of the marital home does not necessarily deprive people of their right to ownership, especially if they acquired the property during the marriage, even if their name is not on the mortgage. In a divorce decision, the court takes all assets into consideration.
Divorce must happen in court
Divorces do not always end up in court. Some couples take the collaborative approach to avoid litigation. Collaborative divorces can be particularly beneficial if you have kids and want to shield them from the situation. However, it requires you and your partner to work together to figure things out, which may not be feasible in all cases.
Once you inform your family and friends that you are considering divorce, you may receive a lot of solicited and unsolicited information. Keep in mind that your situation is different from everyone else’s. To avoid complications, you should only rely on expert advice from professionals.