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Common Myths & Misconceptions About Divorce

March 15, 2022

Two people looking away from each other next to documentsNo one enters into a marriage thinking about divorce, but more and more couples find themselves confronting this scenario. It may be no one’s fault, it may be due to the actions of one person, or it may be due to unforeseen circumstances. No matter how it happens, there are a lot of myths and false assumptions surrounding divorce which can contribute to the stress and emotion that can occur during this difficult time. 

It’s more important than ever to seek the guidance of an experienced attorney.  Lebovitz Law LLC is ready to guide you through the complex divorce process. You don’t have to navigate it alone. Their experienced divorce attorney in Towson, Maryland has helped clients in Baltimore County, throughout the state of Maryland, and in York, Pennsylvania.

Myths and Misconceptions About Divorce

Numerous misconceptions about divorce exist that can give individuals an inaccurate view of how the process really works. Furthermore, divorce is unique to each individual case so it doesn’t help to compare your situation to the circumstances another couple faced. Here are some myths and misconceptions about divorce in Maryland, and why they are wrong:

If adultery was involved, the other spouse gets everything

It’s commonly believed that if you cheat on your spouse, you will lose everything during the divorce process. The truth is that even if your divorce is granted based on infidelity, that doesn’t mean that it will affect the division of assets or even child custody. The court will use its discretion to determine what is fair and just. 

The mother is always awarded primary custody of the children

While this may have been true in the past, children who are old enough (generally age 12) and mature enough, may now express their opinion if they have one. Still, a judge will use their own discretion to decide what is in the best interest of the child. 

You have to get divorced in the state you got married in

This is another falsehood. Not only do you not have to get divorced in the state you originally were married in, but you can seek a divorce in any state you wish. Most of the time, couples seek a divorce in the state in which they reside.

Alimony is awarded in all divorces

Alimony, sometimes referred to as spousal support, is not awarded in every divorce case. In Maryland, generally speaking, alimony is granted in limited situations and isn’t the broad remedy that it is in other states. Alimony in Maryland can fall into one of two categories: rehabilitative or indefinite.

  • Rehabilitative alimony is a short-term measure that is designed for a spouse to land on their feet after a divorce.

  • Indefinite alimony is awarded for an extended period of time, sometimes until the death of the receiving party, and is usually awarded in circumstances in which one of the parties is unable to work or earn an income due to their age, physical disability, or mental illness.

Assets will all be split 50/50

The belief that assets are divided in a way in which each spouse walks away with exactly half the value is absolutely wrong. Maryland law applies “equitable distribution” of assets, meaning that the court will divide any marital assets in a way that is fair given the circumstances, rather than necessarily 50/50.

How a Towson Divorce Attorney Can Help You

If you’re facing divorce in Towson, Maryland, rely on the team at Lebovitz Law LLC. Whether you are facing a contested or uncontested divorce,a skilled lawyer is here for you throughout the process and long after your divorce is finalized. He has the experience, resources, and skills required to provide you with empathetic and compassionate advocacy. Contact the firm today to schedule a one-on-one consultation.