Hagar and Phillips - 3 Common Myths About Divorce

Myth 1: Whoever Is at Fault Will “Lose” in the Divorce

Some people think that whoever is at fault for the divorce will have their belongings taken and given to the other party. Even in the case of adultery, the legal standard dividing property is always “fair and equitable.” This means courts ignore who is at fault for the divorce, including cases of adultery. Unless you have a previous agreement with your spouse, divorce proceedings typically result in equal division of property and debt.

Myth 2: Spousal Support Is Automatic in Divorce Cases

Spousal support (alimony) is not something that is automatically put in place for whichever party may need it. Typically one party must ask for it. In Tennessee, the court will look at twelve factors to determine whether support is appropriate, and if so, the court will determine the amount to be paid and the duration of the payment. Out of these 12 factors, two are the most important: does the spouse seeking support have a legitimate need for it, and does the spouse paying the support have the ability to pay it.

Myth 3: Both Parties Have to Agree to the Divorce for It to Be Final

Divorce is often used as a plot device in movies. Usually one party is keeping the divorce from being final by refusing to sign divorce papers. While this might keep the agreement these two parties agreed to from passing, everyone has a constitutional right to a divorce. If one party does not participate in the divorce, then the court may agree to give the divorcing party everything he or she asks for by default.

If you feel like divorce is the best option for you or you find yourself being divorced by your spouse, contact us at Hagar & Phillips today for a consultation. Hiring a divorce lawyer is the best way to ensure you receive the best possible outcome for your case.

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