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Debunking Common Divorce Myths: Separating Fact From Fiction

Debunking Common Divorce Myths: Separating Fact from Fiction

Divorce isn’t an uncommon occurrence in today’s society, and yet, people still believe certain myths about the process. These myths can lead to confusion, misunderstandings, and even prevent people from seeking legal assistance. As a law firm that specializes in family law, we want to help clear up some of the most common divorce myths. We are dedicated to providing our clients with accurate information, so they are prepared and empowered throughout the entire divorce process. In this blog post, we will be debunking four of the most commonly believed divorce myths.

Myth #1: You have to prove that your spouse is at fault.

Many people believe that they have to prove that their spouse is at fault to get a divorce. While this may have been the case in the past, most states, including Virginia, have a “no-fault” divorce option. This means that you can get divorced without having to prove your spouse did something wrong. Most often, the divorce is granted when the couple agrees that the marriage is “irretrievably broken.”

Myth #2: You are entitled to 50% of everything.

This is another common myth, and it’s not entirely accurate. Property division is based on equitable distribution, which means that assets are divided in a way that is considered fair and just. This doesn’t always mean a 50/50 split. Factors such as earning potential, the length of the marriage, and other financial obligations are taken into consideration when determining a fair distribution. Your divorce attorney can help you navigate the division process, ensuring that you receive an equitable share of your marital property.

Myth #3: Adultery automatically leads to a larger settlement.

Many people believe that if their spouse was unfaithful, they have a stronger claim to more of the marital assets. This is not true. Adultery might impact child custody arrangements, but it’s not a factor in determining the financial settlement, except in extreme cases. Your attorney will help you understand how your unique situation will impact the settlement, so you know what to expect.

Myth #4: Divorce always results in a custody battle.

Divorce can be an emotional process, especially when it involves children. Many people believe that a custody battle is inevitable. However, this is not the case. Parents can work together to create a parenting plan that works for everyone involved. Your attorney can help guide you through this process, making sure your parental rights and the best interests of your children are protected. If a custody battle is unavoidable, your attorney can help you navigate the legal system, ensuring that you have the best chance of achieving a favorable outcome.

Myth #5: Divorce is always acrimonious and expensive.

Another common misconception is that divorces are always marked by hostility and long, expensive court processes. In reality, many couples opt for mediation, which can help in resolving issues concerning property settlement, child custody, and alimony payments without going to court. On the other hand, if the couple decides to go to court, it’s important to note that the overall cost depends on the length and complexity of the case.

Myth #6: Women always get custody of the children.

Another common myth is that the mother always gets custody of the children. This is simply untrue; the court determines the custody arrangement based on several factors, including the child’s emotional attachment to each parent, the stability of each parent’s living situation, the child’s preferences, and the parent’s work schedule. Therefore, the custody agreement is not a gender-biased decision, but a thoughtful process where the child’s well-being is put into consideration.


Divorce is never easy. However, believing common myths about the process can make it even more challenging. Separating fact from fiction can help you make informed decisions and feel more in control throughout the process. Hardt Law is dedicated to serving our clients’ needs, we hope that this blog post helps debunk a few of the most common divorce myths. Remember, if you’re considering divorce, it’s essential to seek out an experienced family law attorney to guide you through the process. We’re here to help. Contact us today to schedule a consultation. Reach out to us by calling 757-962-5588.

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