What Your Divorce Lawyer Wishes You Knew: Common Misconceptions and How to Be Prepared

Divorce is a challenging, emotionally charged time, but being informed and prepared can make a big difference. Debunk some common misconceptions about divorce proceedings and learn practical tips to help you prepare.

Misconception 1: Divorce is Always a Nasty, Expensive Battle

Contrary to popular belief, not all divorces are contentious and costly. The level of animosity depends largely on the willingness of both parties to cooperate. Alternative methods like mediation can shorten the process and reduce costs significantly.

Misconception 2: Men Always Get the Upper Hand in Divorce Cases

The idea that men are favored in divorce settlements is a misconception. Laws in each state dictate how marital assets are divided, aiming for equitable distribution. None of these laws intentionally advantage one spouse over the other.

Misconception 3: All Assets are Split 50-50

Not all assets are divided equally in a divorce. The classification of assets—whether they’re considered community or separate property—affects how they’re divided. Inheritance, certain debts, and pre-marital assets may not be subject to equal division.

Misconception 4: Mothers Always Get Custody of Children

Custody decisions are made based on the best interest of the child, without gender preference. The law often aims for joint custody, ensuring both parents have responsibility for their children’s well-being.

Misconception 5: Divorce Solves Everything

While divorce can be necessary, especially in high-conflict situations, it’s not a universal solution to marital problems. Exploring other options before deciding on divorce is often advisable.

Misconception 6: Only High-Priced Lawyers Can Adequately Handle Divorce

While experienced lawyers are beneficial, the most expensive attorney isn’t always necessary for a favorable outcome. Many competent lawyers offer quality services at reasonable rates.

Divorce Preparation Strategies

When preparing for a divorce, there are several vital steps to consider. First, establish financial independence by opening a checking account, savings account, and credit card in your name. It’s also crucial to stay informed about your financial status. Order a free credit report and consider signing up for credit monitoring to avoid unpleasant surprises.

Next, focus on documentation. Make a comprehensive list of your personal property information, debts and liabilities, taxes and income statements, real estate documents, business records, estate plans, and other financial documents. Organizing your records is essential for a clear picture of your overall financial health before you dive into divorce proceedings. If your spouse controls most of the records, start collecting this information early and maintain open communication to facilitate the process.

Choose Richards & Richards Law Firm

At Richards & Richards Law Firm, we understand the complexities of divorce law. Our team has over 35 years of experience offering legal services to couples in Utah who are ready to go their separate ways. As a family-owned firm, we provide a personalized approach to guide you through this challenging time. If you’re seeking guidance in your divorce case, please contact us at 801-621-7443 for a free consultation in Ogden, UT.