Gibbons Law Firm: Common Misconceptions About Divorce

No newlywed couple thinks their marriage will end in divorce, but with the U.S. divorce rate continuing to hover around 50%, divorce remains an unfortunate reality for thousands of couples all over the States. Our family attorney in Osage Beach MO has represented hundreds of individuals as they navigate the path through divorce towards a new chapter of their lives. Over the years, we have identified several misconceptions many people have about divorce. This week, we're dedicating our blog to clearing up some of these common misconceptions.

Misconception #1:
You Have To Prove Fault To Get A Divorce
Missouri (along with most other states) is a no-fault divorce state. This means that you can file for divorce even if your spouse has not committed some form of marital misconduct, such as adultery. All that spouses are required to prove is that there is "no reasonable likelihood that the marriage can be preserved, and that the marriage is irretrievably broken."

Misconception #2:
Since Missouri Is A No-Fault Divorce State, Conduct Does Not Matter
Though you do not have to prove that your spouse committed adultery, withheld certain important financial information, or committed some other form of misconduct in order to file for divorce, each spouse's conduct during the marriage and the divorce proceedings is still important. The Court may take this type of information into account when determining whom should receive which assets, whom should be required to pay spousal support, etc.

Misconception #3:

If I Have Always Been My Child's Primary Caregiver, The Custody Arrangement Will Be Easy
Though you may have been your children's primary caregiver in the past, this fact will not guarantee your right to full custody of your children after the divorce. The Court will award custody to the parent who is believed to be able to best provide for the child's best interests. During the proceedings, you and your attorney will have to prove to the Court that you fit this description.

Misconception #4:
All Divorces Take Place In The Courtroom
The media likes to sensationalize high-stakes, highly combative divorces as they are battled out in the courtroom, but the truth is that many divorces can be settled outside of court. This process, known as mediation, involves an attorney serving as an impartial third party serving as the liaison between the spouses as they determine how their assets and responsibilities should be divided. This method of divorce is often much more efficient, cost-effective, and less stressful.

Misconception #5:
If My Spouse Neglects To Pay Child Support, I Can Withhold Visitation Rights
If one parent has been awarded full or primary custody, the other parent may be ordered to pay child support to help shoulder the financial responsibility of raising children. If the one parent neglects to provide the child support payments as directed, the other parent may decide to withhold visitation rights until the money is received. However, this is an illegal act that can result in legal consequences on the custodial parent's part. If your spouse is neglecting to pay child support, you should consult with an attorney to determine the best course of action.

Gibbons Law Firm Will Be Here To Guide You Through Your Divorce
Facing divorce can be daunting, unnerving, and downright scary. If you are preparing for a divorce, you likely have countless questions about the process. Our divorce lawyer in Osage Beach MO has experience navigating divorce cases and would be honored to assist you through this challenging time. To learn more about our family law services at the Lake of the Ozarks, visit our website or call us at 573-348-2211.