There are some common myths about divorce that are simply untrue. Laurie Schmitt of Schmitt Law, PLLC debunks the top 5 divorce myths.
MYTH 1: DIVORCE ALWAYS ENDS IN A TRIAL
It is rare for divorcing couple to end up in trial. Court intervention would only be necessary if divorcing couples are unable to settle disputes. And before parties arrive at a trial date, they must attempt mediation. Hence, trial would be the last resort.
The cost of a divorce escalates quickly if parties are unable to resolve their outstanding issues. However, divorcing couples can opt for alternate dispute resolution methods such as mediation or the collaborative divorce process. These alternate dispute resolution methods allow divorcing couples to take control of their case and their outcome without the need of expensive litigation.
MYTH 2: DIVORCE IS ALWAYS EXPENSIVE
The cost of a divorce escalates quickly if parties are unable to resolve their outstanding issues. However, divorcing couples can opt for alternate dispute resolution methods such as mediation or the collaborative divorce process. These alternate dispute resolution methods allow divorcing couples to take control of their case and their outcome without the need of expensive litigation.
MYTH 3: THE PARENT WITH “CUSTODY” OF A CHILD HAS GREATER RIGHTS THAN THE OTHER
In Michigan there are two types of custody: legal and physical. Who a child lives with has no bearing on each parent’s role in making important legal decisions for the child such as educational, medical, and religious decisions. If the parties are awarded joint legal custody, both parents have equal right in making these decisions on behalf of the child.
MYTH 4: NO CHILD SUPPORT – NO PARENTING TIME
There is no legal basis for a parent to prohibit parenting time if the other parent fails to pay child support as ordered by the court. If one parent is not receiving their child support, they can address that with Friend of the Court or the Court. But they do not have the legal right to prevent the other parent from exercising their parenting time as ordered by the court.
MYTH 5: UNMARRIED WOMEN HAVE REAL PROPERTY RIGHTS
Common law marriage is the term for a “marriage” that exists solely by agreement and by cohabitation. The State of Michigan does not recognize common law marriage, as common law marriage was abolished in Michigan in 1957. Therefore, if you and your partner were not legally married, you do not automatically have the same property rights as parties who were married. If parties who cohabitate intend to purchase real property, they should seek legal advice on how to protect their interests/rights in real property.
A GENTLER DIVORCE. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.
At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.
