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Myths vs. Facts: The Truth About Divorce Proceedings in Florida

divorce in Florida
divorce in Florida

There are times in life when we’re swamped with an overwhelming amount of information—and yes, plenty of misinformation too. Believe it or not, there is a lot of misinformation when it comes to going through a divorce in Florida.

Divorce is similar to getting a haircut. Sometimes you need to trim away the past and start fresh. As a trusted family law firm in Florida, our goal is to clarify the divorce process in Florida by distinguishing between what’s true and what’s not. Let’s debunk some myths, Florida style.

Myth 1: Divorce Requires a Fault

Fact: There’s no need to assign blame due to no-fault divorce laws in Florida. You don’t have to disclose personal matters to end your marriage. The phrase “Irreconcilable differences” allows you an exit without airing all your grievances. It’s a polite way of saying you’re tired of fighting over the TV remote.

Myth 2: Divorce Drags on Forever

Fact: If you and your soon-to-be ex can reach agreements like adults—or at least put on an adult facade for some time—you can opt for an uncontested divorce. It’s akin to ripping off a Band-Aid; it’s a quick resolution if you address it head-on.

Myth 3: Moms Always Win Custody

Fact: The idea that mothers always secure custody is outdated. Nowadays, Florida’s legal system promotes a 50/50 time-sharing setup prioritizing a child’s best interest unless circumstances indicate otherwise. This ensures that both parents have a chance to participate in their children’s upbringing beyond weekend or holiday visits including involvement in daily activities, education, and more. So dads, you’re in the game too, and not just for weekend pizza nights.

Myth 4: Dodging Child Support is Feasible

Fact: Skipping out on child support in Florida is as wise as forgetting sunscreen on a sunny beach day. The law takes this very seriously, and trying to avoid it can hook you into a sea of legal troubles, including but not limited to garnished wages and seized tax refunds.

Myth 5: Prenups Dictate Everything

Fact: Prenuptial agreements are helpful, but they aren’t the last word in divorce cases in Florida. Prenuptial agreements cover property and financial arrangements but they cannot dictate child custody or support. Those issues are always up to the court, to ensure kids’ needs are front and center.

Myth 6: DIY Divorce is a Breeze

Fact: Thinking you can DIY your divorce in Florida is like trying to perform a solo synchronized swimming routine—ambitious, but typically not very graceful. Legal guidance is crucial; it’s less about battling in court and more about ensuring your rights aren’t trampled in the fray.

Myth 7: All Divorces End in Court

Fact: Many couples sort things out through mediation or collaborative divorce, which is like settling who gets the last slice of key lime pie without starting a food fight. It’s often quicker, cheaper, and far less bitter.

Myth 8: Assets Are Always Split 50/50 in Divorce

Fact: When it comes to dividing marital property, Florida swings to the beat of “equitable distribution.” That means the court slices the marital pie in a fair but not necessarily equal way. Factors like each spouse’s financial situation, the duration of the marriage, and each person’s contributions (yes, homemaking counts!) play into how the assets are divvied up. So, no, you might not get half the yacht, but you could sail away with the jet skis.

Key Takeaway!

Undergoing the divorce process in Florida shouldn’t feel like you’re lost at sea. Armed with the right information and dispelled misconceptions, you can steer through the process with your emotional well-being intact. Remember, it’s essential to stay informed, as it’s your best defense against the tides of misinformation that surround divorce.

Feeling overwhelmed? Don’t go it alone. At DeWitt Law Firm, we help you understand the currents, navigate the waves, and land safely on the shores of your new beginning undergoing a successful divorce.

Ready to dive into your new beginning? Contact DeWitt Law Firm today!