Separating myths from reality in divorce law

It’s a sensitive topic to say the least, and this is one of the reasons why divorce law brings so many questions. As well as the questions, plenty of myths are brought into the equation and at times the whole thing can get rather complicated.


It’s one of the big reasons why accomplished divorce lawyers are so in-demand. The likes of David Turlington have made a career out of settling some of the more interesting divorce cases although it’s these very cases which can also prompt the general public to devise a whole host of myths and misconceptions.

Bearing the above in mind, we’re going to cycle through some of the most common untruths that focus around divorce law. Hopefully, by the end of it, it’ll be plain to see that not all cases are ablaze with drama – there are some straightforward ones too!

Myth #1 – Adultery can’t occur if you’re separated

Let’s start with one of the most interesting myths and to be honest, it’s no surprise that it’s put out there a lot.

Adultery is a sensitive topic at the best of times, but if you look into the real definition of it then things take a turn for the interesting. Most people believe that adultery can only be committed when a couple are ‘together’. In actual fact, even if the couple have separated, if one party starts a relationship with another whilst they are still married it is classed as adultery.

Therefore, while it might seem like adultery in your eyes, if you are going through a divorce it stands to reason that you should be very careful about an upcoming relationship until the separation is legally confirmed.

Myth #2 – Your spouse can stop you getting a divorce

A somewhat less common myth revolves around the belief that one party can stop a divorce in its tracks. In other words, if they don’t want one, they can choose not to agree to anything and be resistant to the whole process.

Nowadays, this is something that rarely happens. While it might not necessarily accelerate matters, nobody can indefinitely stop a divorce. In other words, there are ways to eventually push one through – even if one person is completely opposed to it.

Myth #3 – The woman will get everything

The general consensus amongst men is that the female will receive everything – regardless of the circumstances of a divorce.

Suffice to say, and perhaps unsurprisingly, this is very rarely the case. There are very, very few occasions where one member of the marriage will get ‘everything’ and it’s only when you start to look deeper into this myth that you see just why it has emerged.

At the moment at least, men tend to earn more than women.¬†However, every asset should still be divided equally or depending on the agreement. An ex-spouse can agree to remove his name on a real-estate property by preparing a quitclaim deed. Once it has taken effect, he can no longer do anything about his shares of asset because he has already transferred full ownership to his ex-wife.¬†Additionally, if children are involved in the separation, the children will tend to reside with the mother. Both of these reasons can contribute to the woman receiving a larger share of the assets. However, to say that the husband gets nothing is a gross exaggeration – it’s something that will barely ever occur.