Heymann & Fletcher

Believing divorce myths may lead to costly mistakes

Divorce can be both emotionally trying and financially challenging. Understanding divorce law in New Jersey can also be difficult, but not having an understanding of the law can potentially lead to costly mistakes. A few myths related to divorce are not true even though they are commonly believed.

First, a common myth is that mothers always receive child custody. In the past, mothers indeed were favored when it came to child custody decisions. However, today, the law has changed to reflect the idea that both mothers and fathers may be considered custodial parents.

Another common myth is that people have to get their marriages dissolved in the state in which they were married. The truth is that a divorce filing can take place in the state in which a person lives, even if it is not near the state where he or she got married to his or her spouse. The person simply needs to satisfy the current state's residency requirements associated with filing for divorce.

Yet another common idea is that people can get divorced without the help of attorneys. Although people may try to represent themselves in divorce proceedings, it is not recommended because they will likely not be adequately represented. The lack of proper representation could prevent a person from achieving an outcome that is ultimately in his or her best interest financially. With proper legal guidance, people in New Jersey and elsewhere can fight for their rights and fair share of assets while still taking into consideration the other parties' needs and wishes.

Source: The Huffington Post, "12 Top Divorce Myths", Daniel Clement, May 24, 2016

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