If you’ve never gone through the process of ending a marriage, it can be quite confusing. This is especially true if you go into it believing many of the myths about divorce you’re likely to have heard at one time or another. It’s important to clear these up with a divorce lawyer before moving forward, so you can base your decisions on factual information. 

Seiler & Parker P.C., L.L.O. has a legal team of family law experts who are available to help Hastings, NE, residents deal with the numerous questions and challenges that arise during divorce. Below, they debunk a few of the most common fallacies surrounding the subject. 

5 Common Divorce Law Misconceptions

1. Both Parties Must Agree to the Divorce

Many people have the mistaken belief that both spouses have to agree to get divorced before it can be finalized. The truth is that consent isn’t necessary for one party to initiate the proceedings. No-fault divorces don’t require anyone to be proven responsible for the breakdown of a marriage, and the courts can grant a divorce in the absence of the other spouse after a certain length of time.

2. A Divorce Lawyer Isn’t Necessary for an Amicable Split

Divorces are highly emotional, and even the most amicable splits have the potential to turn contentious. It’s best for each spouse to hire the services of a divorce lawyer, no matter how friendly the situation may be, to ensure their rights are being protected and they receive everything they’re entitled to in the settlement.

3. All Divorce Cases Must Go to Court

There are options available for couples who wish to stay out of the courtroom. Oftentimes, if a divorce is uncontested, it’s possible to resolve issues through mediation. This will involve a neutral third party helping both sides come to a mutual agreement on things like child custody and visitation, alimony, and the separation of assets.

4. Child Custody Is Always Awarded to the Mother

While the courts may have seemed to favor the mother in child custody cases decades ago, that is no longer the experience divorcing couples have. Taking a number of factors into consideration, a judge will determine custody arrangements based solely on what’s in the child’s best interest regardless if it’s found to be the mother or father.

5. If a Spouse Cheats, They Aren’t Entitled to Anything

Nebraska is a no-fault divorce state, which means any wrongdoing conducted by either spouse cannot be used to impact the outcome of a divorce. Thus, regardless of infidelity, the courts will only recognize irreconcilable differences as the cause for separation and won’t factor this into any decisions made about child custody or division of property.

Divorce is already difficult enough, so you don’t want to make it even more complex with misguided understandings of what to expect. Make sure you consult with a divorce lawyer to learn the truth about anything you might be questioning before continuing with your case. Contact Seiler & Parker P.C., L.L.O. at (402) 463-3125, or visit the website for additional information regarding the variety of legal services provided.