The last thing you need when navigating a challenging divorce is unnecessary stress and confusion. Not only is this unhelpful, but it can cause an already difficult process to become unbearable.
By debunking some of the common divorce myths and misconceptions surrounding family law and divorce in Ohio, you can more accurately and confidently approach your impending divorce proceedings.
Myth #1: Mothers always get custody of the children.
This relatively common divorce myth stems from outdated gender stereotypes that once favored mothers in custody battles. In reality, though, Ohio courts will always prioritize a child’s best interests, carefully evaluating various factors, including:
- Each parent’s ability to provide a stable and loving home
- The child’s age and preferences
- The parents’ respective roles in the child’s life
Myth #2: Adultery guarantees fault-based divorce and penalties.
While infidelity is a valid reason for divorce in Ohio, it no longer implies any negative consequences for the cheating partner. Courts weigh adultery alongside various other factors when deciding on property division, spousal support, and child custody.
Myth #3: Property is always divided equally in an Ohio divorce.
When it comes to divorce, Ohio practices equitable distribution, which may not always result in an equal split. Factors like contribution to marriage and earning capacity, along with other similar factors, can influence property division.
Myth #4: You must go to court to get a divorce.
Uncontested divorces, where both spouses can mutually sit down and agree on all aspects of the separation, can often be resolved through mediation or collaborative law. In this instance, the court doesn’t need to intervene. This approach is hugely beneficial as it significantly reduces costs, time, and emotional strain.
Myth #5: Prenuptial agreements are only for couples who have a lot of money.
Historically, prenuptial agreements were for wealthy couples. However, prenuptial agreements can be beneficial for any couple, regardless of their financial status. These agreements are designed to clearly define each spouse’s property rights and financial obligations in the event of divorce or death.
Myth #6: Child support payments always end when a child turns 18.
Child support usually continues until the child or children reach age 18 or graduate from high school, whichever comes later. However, in the event that a child remains disabled or dependent because of specific circumstances, child support may continue indefinitely.
Myth #7: Divorce will ruin your credit score.
While divorce in Ohio can directly impact your financial situation, it doesn’t necessarily damage your credit score. Being responsible about your financial habits, establishing a budget, and being smart throughout the divorce process will help you protect your credit score.
Myth #8: A spouse must consent to a divorce in Ohio.
Ohio allows for “no-fault” divorces, where one spouse can seek a divorce without the other’s consent, citing incompatibility or irreconcilable differences.
Whether you are considering divorce, in the midst of proceedings, or just looking to educate yourself on Ohio laws, working with a trusted divorce attorney can help. Their guidance will help you avoid some common pitfalls and ensure you don’t fall victim to any divorce myths.
Choose an Ohio Divorce Lawyer Who Will Give You Confidence
At the Law Offices of Kenneth R. Kline LLC, we understand how challenging it can be to plan for divorce in Ohio, especially with all the common divorce myths out there. We can educate you on everything you need to approach your divorce with confidence. Contact us today for a free consultation with our team.