Divorce Myths Debunked

MYTH #1: Filing for divorce first gives me an advantage.

It's generally a misconception that filing for divorce first offers significant benefits. The only advantage is in cases where the parties reside in different court jurisdictions. In such situations, the party who files first can choose to file in their local state or county, making court proceedings more convenient for them.

MYTH #2: I paid for everything during the marriage, so the assets are solely mine.

Marriage functions like a civil contract, much like a business partnership. Anything acquired during the marriage is typically considered marital property, which means it should be divided equally. Although there are exceptions to this rule, such as prenuptial agreements, the majority of assets are divisible.

MYTH #3: Assets in my name are solely mine.

This is a common misconception. Regardless of whose name is on the title, assets and liabilities accrued during the marriage are generally considered marital property. Without a valid prenuptial or post-nuptial agreement, a court is likely to divide these assets equally.

MYTH #4: As a mother, I should have more custodial rights.

In most jurisdictions, including Minnesota, courts focus on the best interests of the children, aiming to maximize parenting time with both parents. The presumption is that each parent should have at least 25% of custodial time, irrespective of gender.

MYTH #5: I deserve more assets because my spouse was unfaithful.

In no-fault divorce states like Minnesota, infidelity does not impact the division of assets. Courts are primarily concerned with financial circumstances and not personal grievances, meaning that infidelity alone does not entitle one to a larger share of marital property.