Getting a divorce is a difficult journey that’s filled with uncertainty. The whole process can take a toll on one’s mental health. It is a time of great emotional and financial turmoil for the whole family. Amid all this emotion, the myths around divorce add to the stress.
According to a study, approximately 38 percent of marriages in Canada end in divorce. This is a very high percentage.
Everyone has a different divorce journey, and what one couple experiences during their divorce process may be completely different from what you experience. Some aspects of the divorce process are standard and hold for everyone. However, there are a few factors that are blurred and are usually a cause of confusion for many.
Divorce is complex but it is overcomplicated in many cases. Divorces are hard and these myths make it harder for people to understand the legalities of the process.
In this blog post, we will discuss 5 common divorce myths.
Divorce Can Be Denied
It is a common misconception; that the divorce once filed can be denied by the court. When you file for a divorce you are asking the judge for permission to do so, but that does not mean that the judge has the power to deny you. Usually, people file for divorce when everything has been done and there is nothing left that can save the marriage. Divorce happens when two people are unable to live happily together and the marriage has become toxic.
In these cases how can a judge deny the divorce? So when you ask for a divorce, odds are you’ll be granted it.
Children Can Pick Who They Live With
Another common misconception is that the children can pick who they want to live with. Children are not allowed to pick the parent they want to live with. The court will determine what is in the child’s best interests, and chooses the parent they will have to live with. The court always tries to make a decision that is for the betterment of the child. However, what the law does allow is for a child of at least 12 years of age or older to make his or her wishes known to the judge. The child is interviewed by the judge in the chambers to tell his or her desires and then after listening to the child’s wishes, the court makes a decision that is in the child’s best interests.
The Mother Always Gets Child Custody
This is another very common misconception around divorce. Many fathers fear that after the divorce the mother will have automatic custody of the kids. But this is just a myth, no law gives mothers the right to child custody after a divorce. It is the court that decides who will have custody of the children after the divorce. However, this myth used to be true. But as time has gone by and the law has evolved, custodial decisions are now made based on what’s in the best interest of the child, not on the gender of the parent.
Divorces Always Get Ugly
This is not fully true, every divorce ends differently some do turn out ugly, while some end peacefully. The best way to avoid heated arguments is to hire a professional divorce lawyer who can handle the situation professionally.
You Have To Have A Lawyer
Can you represent yourself in a divorce? Yes. Should you? We highly suggest that you don’t. Divorces aren’t easy. It’s a stressful time and hiring a professional divorce lawyer to help you through the process, will help you to reduce your stress. Your attorney will gather the necessary information from you and take care of the process. This will give you more time to work on your mental health.
About Peak Family Law
Peak Family Law is a premier family law firm that assists families with the successful settlement of different family matters in Edmonton and its surrounding areas. We treat our clients with empathy and dignity. We help them get through difficult times by providing the best legal advice and assistance. Contact us for more information.
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