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Divorce Myths Abound

3.22.20 Posted By Taylor House Divorce

Every time I tell someone that I practice Chandler family law, it never fails that they ask me to dispel some grand myth about divorces. I want to set the record straight on the five most common divorce myths:

The kids will pick where they live. No. Children have a voice, not a choice. The judge will consider the kids’ desires if they are of “sufficient age and maturity.” Even then, it is one factor among many the court will consider before ordering parenting time.

We still split equity in our home, even if I’m not on the deed. If your name does not appear on the deed to your marital residence (or rental properties), your spouse may walk away with more than one-half of the equity.

Equal parenting time means no child support. The Child Support Guidelines consider factors other than parenting time in calculating a support amount, like incomes and insurance costs. Thus, one may share equal parenting time and pay a substantial amount of child support every month.

My divorce is the same as my cousin’s, right? No, you cannot obtain divorce advice from family and friends. No two cases are the same, and our judges weigh various factors in making spousal maintenance awards and custody determinations. Thus, you cannot anticipate your outcome from what happened in your cousin or friend’s divorce. Doing so will only set you up for failed expectations.

Keeping attorneys out will save me time and money. Not so. You don’t know what you don’t know. People often make unforgiving mistakes in their final documents or give up far more than they should. Thus, by saving several thousand on Chandler divorce attorneys now, you can cost yourself far more in the future.