Numerous people in Minnesota have been through the divorce process, and many more will undoubtedly follow. Despite the prevalence of divorce in our state and country, however, several misconceptions about the process remain.
Having realistic expectations of divorce is important if you considering separating from your spouse. Knowing what to expect can not only make the legal process smoother, but it can also be beneficial from an emotional perspective. To give you a head start, we will clear up some of the most common misconceptions about divorce.
- Hiding assets is OK. Hiding assets is not OK. In fact, it is illegal, and you could be seriously penalized if a court finds out that you hid assets during your divorce. More often than not, property division involves marital financial records in an attempt to split everything up fairly. If you try to withdraw all of your money from your joint account, it will not go unnoticed. Instead of hiding assets, trust your attorney to help you work out a fair settlement.
- You will get a better settlement if your spouse cheated. This is a very common misconception, but with the advent of no-fault divorce, the courts no longer care why your marriage ended. In most situations, cheating will not be considered when determining alimony, property division, child custody or child support.
- Property is divided equally in divorce. This is not necessarily untrue, but it is not the standard used by courts in Minnesota. Because we are an equitable distribution state, marital property must be divided fairly and equitably -- which doesn't always mean a 50/50 split.
We hope this gives you a better understanding of what to expect from the divorce process. If you do decide that divorce is right for you -- or you are weighing your options -- an experienced divorce attorney can better explain what to expect in your unique situation.
Source: Huffington Post, "5 Divorce Myths to Legally Separate From (Even If You're Single)," Jessica Mason, April 10, 2015