Getting What Is Rightfully Yours

Three Facts You Should Know About Divorce

2 August 2017

Estelle Mathieu

If you are considering going through a divorce it is important that you know what to expect. There are so many myths about divorce that it is important that you know the truth. Here are some facts to clear up any misconceptions.

MYTH: Most divorces go through court.

FACT: The majority of divorces will settle outside of court.

When you think about a divorce, especially ones you might have seen on TV, you might think of the couple in court fighting over an estate while a judge decides the fate. Although this happens in some cases, it is recommended and important that you try to settle it outside of court. In fact, there is a good chance that a judge will require that you do mediation, even a couple times, before they will even hear your case. Thus, if you have to go all the way to court you will spend a lot of money, more money than you needed to, to just get the divorce resolved. This is why the majority of attorneys will do everything that they can to get the divorce settled through mediation. It is cheaper for you, and it will ensure that you have more of a say in the divorce agreement.

MYTH: The estate is divided based on a persons behavior.

FACT: The estate is split in half the majority of the time.

Another thing that people might believe is that the estate is split based on negations or on how someone acted during the marriage. Unless you have a prenuptial agreement that determines how the estate is spilt, it will most likely be split in half. This means that if you and your spouse have $300,000 in assets that it will be split down the middle. It may not all be liquidated, but it will be split. One of you may get the house, while the other gets the cash. It is in alimony and child support that the differences are awarded.

MYTH: I will get to keep my own retirement.

FACT: Retirement and pensions could be split.

Lastly, if you have a pension or retirement accounts that you acquired together, even if you both were working, you split all of the retirement and pensions down the middle in most cases. This is something that surprises many people which is why it is so important that you are prepared.

By understanding these things you can know what to expect during your divorce. 

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