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5 Myths About Divorce

Law Office of Tad Davis Sept. 20, 2018

A divorce is one of the most stressful, emotionally taxing events in life. On the other hand, it can also be a very liberating process when the marriage in question is toxic and no longer productive for you and your partner. Unfortunately, many people go for a divorce with the wrong goals in mind and are often disappointed when the outcome does not meet their expectations. Before you initiate the marriage dissolution process, take a look at these myths about divorce.

Myth #1: Committing Adultery Means that You Lose Everything in The Divorce

It is a common misconception that when adultery is the main reason for a divorce, the “injured” party should receive a more favorable outcome in the proceedings. Arizona is a no-fault state, meaning that the court doesn’t typically look at the reason why you are divorcing. Unfortunately, this means that reasons, such as infidelity, are usually irrelevant when it comes to dividing assets and deciding child custody. If infidelity has created a safety concern for the children it might be relevant, but that needs to be discussed on a case by case basis.

Myth #2: Getting a Divorce Is Not a Good Idea when Children Are Involved

Some people believe that raising kids as a divorced couple can have a negative impact on their psychological health. While this may have some truth to it, staying in an unhappy marriage is can be more detrimental and could lead to unforeseen psychological effects on your children. Eliminating the toxicity of a broken marriage enables the two of you to bring your best foot forward and provide them with the best possible upbringing.

Myth #3: Divorce Means Failure

When the issue of divorce is brought up, it is often associated with failure. Unfortunately, this belief can be damaging to you and your partner, and it is not true. On the contrary, it is a positive step towards correcting a bad situation. A healthy marriage is one in which both parties are able to grow, both individually and together. When a husband or wife intentionally or unintentionally stunts the growth of their spouse it puts pressure on that person because they no longer are able to make any progression. That can breed resentment, a sense of failure, and depression.

Marriage highlights your blind spots and continually challenges you to grow in ways you could not have anticipated. Sometimes the change can occur so drastically that you eventually realize you are not living the life you want. While a decision such as divorce shouldn’t be made on a whim, taking some time to make a mature decision to end the marriage may be the best action for everyone involved.

Myth #4: You Need to File for The Divorce in The State Where You Got Married

You don’t have to return to the state where you got your marriage license when filing for a divorce. Rather, the state in which you are getting divorced should meet either you or your spouse’s residency requirement before the court hears your case. Residency requirement will depend on the state. To file for a divorce in Arizona, you must have resided in the state for at least 90 days.

Myth #5: Parenting Time Can Be Denied for Not Paying Child Support

Child support and parenting time are two different issues, so a parent cannot be denied parenting time for failing to pay the required child support. The court encourages continuous contact in order to develop a meaningful relationship between the child and both parents. In fact, preventing the other parent from seeing the child can cause the court to adjust custody agreements in your ex’s favor.

However, a child support debt does not expire and cannot be eliminated in bankruptcy. As such, there are other consequences for parents who default on their child support obligations. For instance:

  • A wage assignment can be used to withhold the parent’s wages;

  • They may receive a negative rating on their credit;

  • They may not be able to apply for or renew their passport/driver’s license;

  • The owed support can be subtracted from his/her benefits

If you have questions about your case after the final ruling in a divorce proceeding and aren’t sure what to do next please feel free to give us a call. And if you have an upcoming divorce, you can trust the professional hands of the Tad Davis team to represent you as best as possible and eliminate the stress. Contact us today.