There are many different things that make up family law, including divorce, child custody, adoption, and more. However, some people have preconceived ideas about what exactly happens in family matters that may not exactly be true. Here are some common family law myths that people believe and why they are wrong.
The Entire Marital Estate Is Split Evenly
While ideally the two divorcing spouses would walk away with an equal share of everything, this is sometimes not the case. The division of assets depends on many elements, including future needs of each party, contributions of each party, whether or not there are children in the marriage, if property was purchased in the marriage, and what non-financial contributions were made in the marriage such as home and childcare. The court takes into account all of these factors to make the division equitable, which may or may not be equal.
Mothers Get Preference in Divorce Cases with Children
While Florida cases do show that mothers receive majority timesharing in many divorce cases with children, this is not necessarily because they are the mother. Studies have shown that children usually have a better quality of life when allowed the most interaction possible with both parents, providing the children a balance and easing them into a new life with divorced parents. Timesharing is based on many factors, which revolve around the best interest of the minor children, such as both parents’ abilities to a foster close parent-child relationship with the other parent, the need for continuity, developmental stages of the children.
Only Wealthy People Need Prenuptial Agreements
This is not necessarily true. While prenuptial agreements can make the divorce process much easier in cases with a large amount of expensive assets, they can also be useful for clients in any socioeconomic situation. A prenuptial agreement is also greatly beneficial for those who have their own business, have patents, trademarks, or copyrighted intellectual property, own real property, or have children from a previous marriage. This will make the divorce significantly easier if each spouse has already agreed on who will own which assets.
At Kendrick Law, we understand that it is difficult to distinguish in family law what is the truth and what is simply a myth. Our family law attorneys have the knowledge and patience to walk you through every step of the process, answering any question you may have. Contact us today to schedule a consultation and learn more about our family law approach.
Cowritten by Layne Cohen, Law Clerk