Common Divorce Myths and What Not to Believe

As part of a typical divorce proceeding, marital assets are usually evenly distributed between both marital parties; however, Florida law also requires that debts are also “equitably distributed” between both people. This means that while both people may be entitled to 50 percent of cars, houses or property, they are also just as entitled to 50 percent of credit card debt, loans and mortgages. Because a divorce can involve a lot of documents about assets and liabilities, our staff of attorneys actively stays up to date on all the latest divorce law requirements.

“As the laws that apply to divorce change to keep pace with our society, we have to stay abreast of these changes in order to provide our clients with the best defense available,” said Norman Green, Senior Partner at Green & Metcalf of Vero Beach, FL.

Some common divorce myths that clients often reference include a child making the final decision about with whom they want to live. While the court gives considerable weight to what a child may want, the court also takes many other factors into consideration before making a final decision on where a child will live. Yet another myth centers on the belief in a guarantee of permanent alimony, which is not guaranteed, as the court makes decisions about alimony on an individual basis. Both of these myths are, in reality, legal decisions that are typically made on a case-by-case basis.

“Clients often come to us with preconceived notions about divorce laws and what they expect to receive as part of their settlement. Because we’re able to separate fact from fiction, we’re able to explain to them the difference between truth and myth,” Green said.

Norman A. Green is the founder and a partner of Green & Metcalf - Attorneys At Law. He has over 40 years of experience in the practice fields of criminal defense and family law (divorce, child custody, child support, paternity, modifications of existing orders, prenuptial agreements and alimony cases).