Mary Carollo: Misconceptions of Divorce

For as many misconceptions as people have about marriage, there are just as many that exist about divorce. Many people hold on to these myths and falsehoods very closely, making it difficult to make the decision to end what most would consider a bad relationship.

The following are just a few of the most common misconceptions about divorce:

You’ll never be able to meet another person right for you: Contrary to what’s frequently displayed in movies and television, there’s no “one perfect person” or “soul mate” for everyone. No matter who you are or how old you are, you still have a good chance of meeting someone who’s right for you. Your current marriage was not your only chance at finding lasting love.
Divorce is a sign of failure: If anything, knowing when to leave a bad relationship is incredibly courageous and admirable. It would be unhealthy for you, your spouse and your children to remain in a relationship that no longer has any positives.
Divorce is immoral: Some people like to portray divorcees as being less ethical than people who stay in their marriages forever. Others associate divorce with sexual promiscuity. The fact is that divorce is common, and people from all backgrounds and walks of life go through the process. You should never allow yourself to be shamed into doing something that is unhealthy or simply wrong for your life and your situation.
Your children will never recover: There is certainly no getting around the fact that divorce will be difficult on your children, at least at first. However, with hard work, support and enough love, your children will recover just as you will over time.

No-Fault vs. Grounds-Based Divorce in Utah

Utah has adopted a no-fault divorce clause. The revised law dictates one partner must state under oath the marriage relationship has irretrievably broken down for at least six months.

From that sworn oath flows settlement of issues like child custody, payment of support, and equitable distribution of marital property.

The intent of no-fault divorce is to provide an easier route to divorce and reduce the financial drain of divorce trials. Has the new law lessened acrimony associated with divorce, or did it simply widen the battlefield for unhappy spouses?

The jury is out on both questions.

After an initial lull, divorce filings have again increased. Court dockets are backlogged, and challenges to the no-fault law continue. In addressing the subjective nature of irrevocable breakdown, a judge has opined that the Legislature did not intend nor is there a defense to Domestic Relations Laws.

While the no-fault ground has come under fire, our family law practice has successfully addressed confused formulas for fixing temporary maintenance and pressed cases where the greater wage earner does not end up being the monied spouse.

These challenges continue the tradition of protracted divorce. And while a no-fault filing sets aside blame, a judge may consider any other factor relevant to each action—including marital fault.

If misconduct precipitated your marriage breakup, tell your attorney. Fault or no-fault, by applying our legal prowess and strategic methods, we can work to achieve the result you need.

An Attorney Is a Wise Choice for Divorce and Family Court Issues

When you and your spouse no longer want to live together as husband and wife, if you cannot agree on the terms of your divorce, you will wind up in family court. Skilled divorce lawyers who practice in family court on a daily basis are a wise choice to represent you if you find yourself in need of an attorney in any type of family court dispute or matter.

How we can assist you in family court?

Some reasons an attorney is a wise choice:

Family law is complicated: Experienced divorce attorneys can explain all aspects of Utah family law that apply to your situation in plain English. Your lawyer will know the legal procedures that govern your case and be able to sensitively handle your matter while protecting your rights.
An experienced attorney understands the issues. By choosing an attorney with solid experience in family and divorce law, you put yourself in the best position to bring your matter to closure in a timely fashion.
An attorney can fight aggressively for your rights: Experienced divorce lawyers know how to strategize, negotiate and argue cases for their clients.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.