5 Divorce Myths You Need to Know
Going through a divorce is an experience that is going to be different for everyone, so there’s going to be lots of stories that circulate from people’s experiences going through this. From those stories, there may be some myths created that just aren’t true about going through a divorce. Here’s are 5 myths about divorce that you need to know.
#1 Someone should win, and someone should lose
Now there are always going to be exceptions, however when going through a divorce, the goal should not be to completely destroy your spouse. The outcome will be far more beneficial (and save some money in lawyer’s fees) if each side works their best to compromise on the divorce. If you can agree on property division, spousal and child support then there is less resentment, and each party can move on from the divorce with a fresh start.
#2 A cheating spouse will always be at fault
While being cheated on has been reason to end a marriage, it doesn’t mean the spouse who was cheated on will be given extra sympathy or favour by the court system. In Canada, the divorce laws are what’s known as no-fault, and this means you don’t have to prove that your spouse did anything wrong in order to get a divorce. This also means that the cheating spouse isn’t going to have to pay any extra in support or alimony.
#3 Common law and traditional marriage are the same thing
There are some laws that are unique to traditional, or legal, marriage while others may apply to both common law and legal marriage. Further, there are some laws which are only for couples in a common law situation. Knowing which laws apply to your situation can help you prepare for the outcome and ensure you are not expecting results you won’t get.
#4 “My house belongs to me”
You may have purchased the home you and your spouse are living in long before you got married, but once you got married that house is the marital home. In most cases, each spouse will contribute something to the house – either helping with the mortgage payments or the upkeep on the property. So even if you alone bought the house and married your spouse afterwards, they may still be entitled to some payout because they contributed to the home while you were married.
#5 If you move out of your house, you will automatically forfeit your right to it
Due to this being a home you and your spouse shared during your marriage, you moving out does not cause you to forfeit your claim to the title of the property. Sometimes, spouses choose to move out before the divorce proceedings are finalized because it’s easier for everyone. As long as your name is on the deed or title to the home, moving out does not mean you will lose all your interest in it.
Contact Fine and Associates today
Going through a divorce is never easy and it sometimes gets made more difficult because of the myths and false information that is out there. Getting the advice and support of a family lawyer though, will help prepare you for the realities of divorce and help ensure your rights are protected. To speak to one of our family lawyers in Toronto, schedule a free consultation today.