Common Myths Regarding Divorce

Nobody gets married to file a divorce after a few years. However, divorce is still a very common part of our community. When two adults are living together, arguments and disagreements are inevitable. Sometimes, when this conflict is not properly managed, it can lead to resentment between couples.

Studies show that many couples decide on divorce because they either claim they fell out of love or their circumstances weakened the bond they had. According to statistics, approximately 38 percent of marriages in Canada end in divorce.

Deciding on divorce is not easy. It is a difficult journey filled with uncertainty. The whole process is very tedious and emotionally draining. Many people have reported that the process of separation, filing for a divorce, and dealing with the post-divorce formalities take a toll on their mental health.

The process is not only emotionally taxing but also puts the family in financial turmoil, with all the assets being divided topped with court fees and the attorney’s fees.

Not all divorce journeys are the same. Based on the circumstances of the couple, one couple’s experiences during their divorce process may be completely different from what others experience. However, some aspects of the process are standard, and they hold for everyone.

In addition to this, there are many misconceptions about divorce that people unfamiliar with the matter end up believing. In this article, we have listed some of the common myths that are usually believed by people.

Myth # 1: Divorce Can Be Denied

Many people believe that once a divorce is filed with the court, it can be denied by the judge. Even though when you file for a divorce, you are asking the judge for his/her permission; divorce is never denied. The crown does not force two individuals to be together who don’t want to live together.

Since people usually file a divorce when the couple has finally decided that they don’t want to live together, the judge does not deny their appeal since there is nothing left to save in the marriage. Nobody files a divorce for the sake of it, it is filed when two people are unable to live happily together, and the marriage has become toxic.

Myth # 2: Children Get To Choose Who They Live With

Another common misconception is that the children of the divorcing couple can decide who they will live with. Children cannot decide the parent they will live with after the separation.

After the divorce is filed, the court decides who will get custody of the children depending on what the child’s best interest is in. So, once the divorce is approved, in the procession after the approval, both parents present their case, and the judge gives his/her decision regarding the child custody.

The court always tries to make a decision that is for the betterment of the child. However, if your child is 12 years of age or older, he/she can make his or her wishes known to the judge. For this, the child is privately interviewed by the judge in the chambers to ensure that he/she was not influenced by either of the parents.

Myth # 3: Mother Has More Chances Of Getting Custody

When it comes to child custody after the divorce is approved, many people believe that mothers get custody of the children. However, that is not true. Many fathers fear that they will not be allowed to meet their children or get their custody after divorce. But, there is no law that gives mothers the right to child custody after a divorce.

It is the court that decides which parent will get custody based on their past behavior, the sense of responsibility they have shown in the past, criminal record (if any), and financial situation.

Nevertheless, this was true until a few years ago. But as time has gone by and the law has evolved, custodial decisions are now made based on what’s in the best interest of the child, not on the gender of the parent.

Myth # 4: Divorces Can Get Ugly

Many people believe that all divorces can get ugly and messy. However, that is not true. Some divorce processes are very seamless and smooth. The procession of the case greatly depends on the parties; if the parties involved deal with the issues in a more sophisticated matter, things will not get ugly.

However, some divorces can get very ugly if both parties resist coming to an agreement. This usually happens if there is a lot of property, assets, or money involved. The best way to deal with issues like these is by hiring a professional divorce lawyer who can handle the situation professionally.

In addition to being proficient with the law, family lawyers also know how to deal with clients that have a hard time getting along with the other party. This way, they can handle the situation before it gets messy.

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