Common Misconceptions About Divorce
July 30, 2021
According to a recent study from World Population Review, the divorce rate in Minnesota is 10%, with the average age for couples going through their first divorce being just 30 years old. Divorce rates continue to register some alarming statistics as failed marriages become more and more common. Whether it is contested or uncontested, the process of divorce can oftentimes feel stressful and overwhelming.
No matter where you are in the divorce process, having a family law attorney who will assess your circumstances and walk you through all of your legal options is important. The Law Office of Glen A. Norton focuses on making the process as painless as possible for both you and your family.
As an attorney who specializes in the process of collaborative divorce, attorney Glen A. Norton will do everything he can to help you and your spouse separate as amicably as possible. The firm is proud to serve individuals in Minnetonka, Minnesota, as well as the neighboring areas of Plymouth, Maple Grove, Wayzata, Eden Prairie, and Hennepin County. Call today to schedule your own free case consultation.
Common Misconceptions About Divorce
There are a number of misconceptions about divorce that can complicate proceedings and drag out the process. Let’s review a few of the most common misconceptions and reveal the truth behind some of these falsehoods.
It’s Possible for One of The Spouses to Deny the Divorce
This is simply false. When a spouse gets served with divorce papers, they have a certain amount of time to respond. If they do not, the terms of the divorce can still be finalized in court, regardless of whether or not the other spouse wants to accept the divorce.
If Adultery Was Involved, the
Non-Cheating Spouse Gets Everything
In some places, the courts may choose to handle divorce by determining who was at fault for the failed marriage. Choosing to identify who is at fault can impact divorce proceedings, however, Minnesota is considered a no-fault divorce state. This means that you can list a reason why the divorce is happening, or you can simply cite irreconcilable differences. Whether or not adultery is involved, the many aspects of the divorce process — such as asset division and child custody — will not be impacted by any act of adultery.
The Mother Is Always Awarded
Primary Custody of The Children
While this may often seem true, the reality is that Minnesota courts will always act in accordance with what they believe is the best interest of the child. They will weigh a variety of different factors, including:
The child’s wants
Where each parent lives
If there is any domestic abuse
The finances of each parent
Who the primary caretaker is
The health of each parent
The court will also consider any arrangements that the parents have agreed to in any prenuptial or postnuptial agreements. At the end of the day, either parent can be granted primary custody, and the courts will typically make every attempt to ensure that both parents remain involved in the child’s life.
Alimony Is a Part of Every Divorce
Not necessarily. Whether or not alimony is involved depends on the income of both spouses and the quality of life that each spouse had as a married couple. The courts will weigh these and other factors to determine if alimony payments are necessary.
You Must Get Divorced in The State You Got Married In
This is false. Where you originally married does not dictate where you can file for divorce. In order to file for divorce in Minnesota, either spouse must have been a resident of the state for at least 180 days. There may be some limited exceptions to this rule, so it is important to speak with an attorney if you cannot meet this requirement.
The Children Get to Choose Who They Will Live With
Unfortunately, this is oftentimes not the case. Depending on the age of the child, the courts will consider their preferences when granting physical custody. However, at the end of the day, they will still prioritize what they believe is the best interests of the child, even if that means awarding custody to either parent against the child’s wishes.
Get Answers To Your Questions from
The Law Office of Glen A. Norton
In the end, the terms of a divorce are entirely up to the court. Collaborative divorce or uncontested divorce can allow each spouse to dictate the terms of their divorce and submit it for approval to the court. This is the approach that the Law Office of Glen A. Norton focuses on. Their firm is proud to serve individuals and families in Minnetonka, Minnesota, and the neighboring communities of Plymouth, Maple Grove, Wayzata, Eden Prairie, and Hennepin County — so call or reach out today to schedule your own case consultation.