Considering divorce is never easy. Although simply considering divorce as an option is only the first step, it can already be a very intimidating or even disheartening prospect. The myths and misconceptions surrounding divorce do not help, either.
Below, we debunk four common divorce myths to help you take this difficult first step.
Myth #1: You need a valid reason to get divorced
Minnesotans do not need any justification or fault to file for divorce. You don’t need to find out if your spouse is having an affair or to show proof of abuse to have grounds for divorce.
As a no-fault state, you can simply cite irreconcilable differences—no need to accuse your spouse of anything. This may help you have a more amicable divorce.
Myth #2: Mothers always get the children
The court always decides custody based on the child or children’s best interests, which generally means shared custody where both parents are active in raising the kids. Judges consider various factors in their decision, including:
- What each parent’s health and lifestyle is like
- Where each spouse lives
- What each parent’s relationship with the kid is like
- What the child needs at their age
- What the child wants or which parent they prefer
Myth #3: Assets are divided 50/50
Yes, Minnesota is an equitable distribution state. However, that does not automatically mean an even or 50/50 division of assets. Equitable means fair. It does not always mean an equal split.
Minnesota courts divide marital assets fairly based on several factors. These include:
- Length of the marriage
- Needs of the child or children
- Each spouse’s financial capabilities
- Each spouse’s contribution to the property
Myth #4: You don’t need a lawyer for an amicable divorce
An uncontested or amicable divorce is possible. However, just because you and your spouse both agree to divorce does not mean you would agree on all points regarding your divorce. There are still a lot of things to consider, from the financial aspect to child custody.
Consulting a divorce lawyer helps you protect your interests. Even if you and your spouse can cooperate and reach a divorce agreement, it is still prudent to have a divorce attorney look over the terms and ensure all your rights are recognized.