Family law is a complex area of the legal system, often surrounded by misconceptions and misunderstandings that can lead people to make poor decisions during divorce, custody disputes, and property division cases. At Lincolnton Family Law, we believe that having accurate legal information is essential when navigating family law matters. In this blog, we will debunk some of the most common myths about divorce, child custody, alimony, and property division in North Carolina.
Myth #1: Mothers Always Get Custody of the Children
One of the most persistent family law myths is that courts automatically award sole custody to mothers. In North Carolina, both parents have equal legal rights to custody of their children. The courts determine custody based on what is in the best interest of the child, considering factors such as each parent’s involvement, stability, and ability to provide a nurturing environment. While mothers historically received custody more often in the past, today, fathers have just as much of a right to seek and receive primary or joint custody.
Myth #2: Property Is Always Divided 50/50 in Divorce
North Carolina is an equitable distribution state, meaning that it is presumed that marital property would be equally divided.marital property is divided fairly, but not necessarily equally, during a divorce. That being said, the court has the power to award more than 50% to one spouse based on The court considers several factors, including each spouse’s contributions to the marriage, financial needs, and future earning potential when determining how to divide property. While an equal 50/50 split may happen in some cases, the court has the discretion to award more assets to one spouse if fairness requires it.
Myth #3: You Can Deny Visitation If the Other Parent Fails to Pay Child Support
Some parents believe that if their ex fails to pay court-ordered child support, they can withhold visitation as a form of punishment. However, child support and custody/visitation are separate legal issues. If a parent is behind on child support, the proper course of action is to file a motion for child support enforcement, not to block their access to the child. Denying court-ordered visitation can actually hurt your custody case and may lead to legal consequences.
Myth #4: Alimony Is Guaranteed After Divorce
Many people assume that alimony (spousal support) is automatically granted in every divorce. However, North Carolina courts award alimony only if one spouse can prove financial dependence on the other. The court examines factors such as income disparity, length of the marriage, standard of living, and any marital misconduct to determine whether alimony is appropriate. In some cases, alimony is granted for a limited period rather than indefinitely.
Myth #5: A Child Can Decide Which Parent to Live With
While a child’s preference may be considered in a custody case, the final decision rests with the court. Judges consider a variety of factors, including the child’s age, maturity, and reasoning behind their preference. However, a child’s wishes do not override the court’s duty to rule in their best interests. In some cases, if a child’s choice appears to be influenced by parental alienation or pressure, the court may disregard their preference entirely.
Myth #6: If a Spouse Cheats, They Lose Everything in the Divorce
While North Carolina recognizes marital misconduct, including adultery, this does not automatically mean that the cheating spouse will lose all assets or custody rights. Adultery can, however, impact alimony decisions if the spouse seeking alimony committed adultery, they may be barred from receiving spousal support. However, property division and child custody are decided separately from marital misconduct, and the court focuses on equitable distribution and the best interest of the child rather than punishing a spouse for infidelity.
Myth #7: Divorce Requires a Long and Expensive Court Battle
While some divorces are contentious and require litigation, not all divorces end up in court. Many couples opt for uncontested divorce, where they agree on property division, custody, and support without the need for a trial. Mediation and collaborative divorce are also effective ways to settle disputes amicably and affordably. At Lincolnton Family Law, we help clients resolve divorce matters efficiently, avoiding unnecessary legal fees and emotional stress whenever possible.
Myth #8: Family Law Cases Always End in Favor of One Party
Many people believe that family law cases always result in a clear winner and loser, but in reality, courts strive for fairness and balance. Whether in custody cases, property division, or alimony, the goal is to create a fair outcome based on the unique circumstances of each case. While one party may not get everything they want, North Carolina’s legal system is designed to protect the rights of both parties and any children involved.
How Lincolnton Family Law Can Help
Navigating family law matters can be confusing and stressful, especially when myths and misconceptions cloud your understanding of the legal process. At Lincolnton Family Law, we are committed to providing clear, accurate legal guidance to help you make informed decisions about your divorce, custody, alimony, and property rights.
If you have questions about family law in North Carolina, contact Lincolnton Family Law today for trusted legal support and guidance.
Why Choose Lincolnton Family Law?
Choosing the right attorney is essential. Jennifer Hames and the team at Lincolnton Family Law bring a compassionate, understanding approach combined with a wealth of experience in family law. We focus on minimizing conflict and resolving issues efficiently to protect your future.
We understand the emotional and financial stresses involved in dealing with the law and court and are committed to making this process as smooth as possible for you and your children. Our local presence in Lincolnton allows us to be accessible when you need us, providing timely and effective legal solutions.
Navigating court doesn’t have to be a journey you take alone. Contact Lincolnton Family Law today, and let us help you ensure the best for you.
