Will My Divorce Go To Court No Matter What? Top 10 Myths About Divorce in Arizona

Divorce can be messy and complicated, and with all the misinformation that has circulated regarding the actual details of divorce and beyond, it’s time to dispel some of the most perpetuated myths about divorce.

Myth #1: One spouse can refuse to grant the other spouse a divorce.

Modern no-fault divorce laws mean that no one must stay in a marriage they no longer want to. While a reluctant spouse can delay the divorce process for some time, once all assets and terms have been agreed upon, the divorce will eventually be finalized.

Myth #2: Mothers are more likely to be granted sole decision-making of children

Once there was a definite bias towards awarding the mother sole custody of the children after a divorce, but today’s laws have evolved along with a society where fathers are far more involved than in past generations. Currently in Arizona there is a presumption that joint legal decision-making is in the children’s best interest.

Myth #3: Most divorce cases end up at trial.

To obtain a divorce you do need to file papers with the court, but numerous court dates, lengthy testimonies, or expensive legal battles are not probable in most cases. The majority of divorces in Arizona represented by experienced legal counsel will be resolved without a trial and without either party needing to enter a courtroom. Approximately 90% settle before trial.

Myth #4: Second marriages are usually more successful than first marriages.

Contrary to popular opinion, the divorce rate of second marriages is actually higher than that of first marriages. Experts believe this may be partly because subsequent marriages are entered before people are ready, while they are still recovering from the earlier relationships and have not ‘internalized the lessons of their past experiences.’

Myth #5: Men are most often the ones to initiate a divorce.

Actually, two-thirds of all divorces are initiated by women, which some experts believe is due in part to the long-lasting traditional expectations that the institution of marriage still carries. Additionally, women may be more likely to perceive problems in the relationship that men do not.

Myth #6: Couples can get a same-day divorce in Las Vegas.

Just as in any other state, people who wish to get a divorce in Nevada must have been a resident for at least six weeks–which is, incidentally, one of the shortest residency requirements of any state. There is no waiting period to get married in Nevada, however.

Myth #7: Accepting a smaller property settlement let’s parents avoid paying child support

All asset settlements are entirely different issues from child and spousal support discussions. Child support will be determined on an entirely separate criteria. If one spouse gets to keep the family home, however, that may reduce the amount of spousal support to be paid.

Myth #8: Couples must get divorced in the same state where they were married.

You can obtain a divorce in any state you live in so long as you satisfy the minimum residency requirements of that state, regardless of where you were first married.

Myth #9: Individuals wishing to divorce must hire a lawyer.

Anyone can represent themselves during a divorce, just as in any other court procedure. But you probably won’t want to. It is extremely recommended that in any marriages with children, assets, or that have lasted more than a few years, couples seek out legal counsel to explore your options.

Myth #10: The seven-year itch is a time in the marriage during which cheating or divorce is most likely.

Every marriage has ups and downs, high and low points, and cycles of happiness and unhappiness. But researchers have actually noted that a significant number of marriages dissolve after just two, three, or four years. In the course of a 10-year marriage, one report found that a major decline occurred at four years, and again at seven or eight years. So while year seven may correspond with a common decline, there’s no magic timing that makes it worse than other dips.

What questions have you always had about divorce? As you consider this next step, search for the right experienced family law attorney to represent your best interests and those of your family.

Contact the offices of Simon Law Group today to have a one-on-one conversation with a skilled family lawyer.