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Orlando Criminal Attorney > Blog > Florida Divorce > Common Divorce Myths Debunked

Common Divorce Myths Debunked


People going through a divorce get a lot of advice from friends and family members, and sometimes that information is not true. Divorce laws are different in every state, and just because a relative got divorced in one state does not mean the process will be the same in Florida. Other well-intentioned individuals may not have ever gotten a divorce, but they are simply passing on information they have heard in the past. If you are going through a divorce, it is critical that you understand the most common myths surrounding the process, and the truth behind them.

Wives Always Receive Alimony

Historically speaking, men went out to work and women stayed home to run the household and raise the children. As such, when a couple got divorced, wives were often awarded alimony. Clearly, more women are working outside of the home today and many of them are the breadwinners of the home. The court will take a number of factors into consideration when awarding alimony, including the length of the marriage and the income and earning potential of each spouse. Gender is not a factor judges will consider.

Mothers are Always Awarded Child Custody

Again, while this was largely true in the past, it is no longer the way child custody works in Florida courts today. Like alimony, a judge will take many factors into consideration when making a decision about child custody. Each factor considered in child custody hearings depends on what is in the best interests of the child, not the gender of the parents involved.

Children can Decide Which Parent They Want to Live With

The only factors a judge will consider when making a decision on child custody matters are in the best interests of the child. Judges do have the discretion to allow an exception if they believe the child is of a certain age and maturity to state their preference, but there is no guarantee that this will happen in any specific case.

Custodial Parents can Withhold Visitation if they Do Not Receive Child Support

Non-custodial parents are expected to pay child support to provide financially for their children. Many custodial parents believe that if they do not receive the support at the stipulated time, they can withhold visitation time from the non-custodial parent. This is simply untrue. Parents that do not comply with child custody and visitation orders can be held in contempt of court. When custodial parents do not receive adequate child support, the only recourse they have is to petition the court to enforce the original order.

You Do Not Need a Florida Divorce Lawyer

In Florida, it is not required that you work with an Orlando divorce lawyer during your case. However, the help of an attorney is invaluable, particularly when you and your spouse do not agree on all terms, or there are complex property division issues. If you are getting a divorce, our experienced attorneys at O’Mara Law Group want to put our experience to work for you. Call us today at (407) 634-6604 or contact us online to schedule a consultation and to learn more about how we can help you secure the favorable settlement you deserve.

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