Common Misconceptions
About Divorce & Family Law

Divorce, by its very nature, is often accompanied by conflicting thoughts, emotions, and feelings. With lots of misinformation, false assumptions, and myths surrounding divorce, a person going through a divorce can easily make irreversible mistakes that can impact the divorce process and have negative consequences that last for years.

If you're going through a divorce, it’s important that you consult with an experienced Florida family law attorney who can help clear up some of these misconceptions. Our attorneys at Fournier Law are dedicated to providing outstanding legal services and helping individuals and families navigate the complexities of divorce proceedings with confidence. 

We will fight diligently to protect your legal rights and help you make informed decisions so you and your family can move forward as quickly and amicably as possible. Our firm is proud to serve clients in Tallahassee, North Florida, and throughout the State of Florida. Call or reach out to our office today to learn more about how we can help you with your divorce.

Common Misconceptions
about Divorce in Florida

According to a 2019 statistic, there were 3.5 divorces per one thousand residents in Florida.  Many of those individuals are, like you, looking for information and assistance navigating the process.  It is the responsibility of Family Law attorneys to work with their clients, to educate them on the process and help them protect their rights during the divorce.  In an attempt to help our clients better understand what lies ahead, here are some of the most common misconceptions about divorce in Florida and how these misconceptions can be misleading:

Misconception #1: It's possible for one spouse to deny the divorce.

This is false. Florida is a no-fault divorce state. This means that any couple can file for divorce in the state citing irreconcilable differences. It is not a requirement for both parties to agree with the divorce. Therefore, a Florida court may still grant your divorce, even if your spouse attempts to reject or refuse it.

Misconception #2: If the other parent doesn't
pay child support, I can withhold visitation.

This is a dangerous misconception that can have serious consequences. Child support is a separate issue from parenting time. Under no circumstance should the custodial parent withhold parenting time, even if the non-custodial parent is delinquent on child support payments. The custodial parent must seek help from the Florida courts to enforce or help recover overdue child support payments. Any attempt to withhold visitation could result in consequences for the custodial parent.

Misconception #3: If adultery was involved,
the non-cheating spouse gets everything.

When couples divorce due to infidelity, the aggrieved spouse may feel that the cheating spouse should be punished financially. However, this doesn't mean that the cheating spouse will get nothing. The divorce court will consider a number of different factors when making decisions over asset division and child custody, including:

  • How the spouse's actions affect their moral fitness to determine child custody.
  • Whether the cheating spouse intentionally wasted the couple's assets and finances to fund the extra-marital affair or buy expensive gifts during the affair.
  • Whether the cheating spouse's adultery during the marriage should impact alimony.

Misconception #4: Alimony is a part of any divorce.

This is false. Spousal support, or alimony, is a court-ordered payment made by the higher-earning spouse to the non- or lower-earning spouse for a period of time after the divorce. Contrary to popular belief, spousal support is not awarded in every divorce case. Florida courts will only award alimony if:

  • The requesting spouse needs financial assistance.
  • The supporting spouse has the ability to pay support.

Misconception #5: You have to file for
divorce in the state where you were married.

Again, this is false. Even if you didn't get married in Florida, you can still file for divorce in the state as long as one (or both) of the parties were residents of the State of Florida six months prior to the date of filing.  

Misconception #6: All of our assets will be split 50/50

While this seems like it would be true, given that Florida is an equitable distribution state, the law only requires that all marital property in a divorce be divided equitably or fairly — that doesn’t necessarily mean everything will be split 50/50. Some factors that will be considered are:  the economic circumstances of the parties, the contribution of each spouse during the marriage, and liabilities incurred by either spouse.

Fournier Law Is Here to
Answer All Of Your Questions

Filing for divorce in Florida can be daunting:  preparing the documents, serving the other party, negotiating a divorce settlement, calculating support, dividing marital assets, and establishing a parenting plan can make the entire divorce process feel stressful and overwhelming. That’s why, if you’re considering a divorce, it is crucial that you speak with an experienced Florida divorce attorney to determine the best course of action for your unique situation.

At Fournier Law, we have the experience and resources to guide and represent clients in all family law and divorce-related matters. Our dedicated legal team will work diligently to resolve matters of property division, spousal support, child support, and parenting time as peacefully and productively as possible. We will fight compassionately to protect your rights as we attempt to work to a fair resolution so you can move forward with your life.

Contact Fournier Law today to schedule a one-on-one case assessment with a knowledgeable divorce attorney. Our experienced team will offer you the comprehensive legal counsel and reliable advocacy you need to navigate important decisions in your divorce proceedings. Our firm is proud to serve clients across Tallahassee, North Florida, the Big Bend region, and the entire state of Florida — so call or reach out today to learn more about how we can help you with your case.


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