1. Joint Custody vs. Shared Parenting
- Misunderstanding: Many assume joint custody means equal time with children.
- Reality: Joint custody usually refers to shared decision-making authority (legal custody), not necessarily equal physical time. Courts may grant joint legal custody but award primary physical custody to one parent.
2. Common Law Marriage
- Misunderstanding: People often believe living together for a certain number of years automatically creates a common law marriage.
- Reality: Only a handful of states recognize common law marriage, and it requires specific conditions (like presenting yourselves publicly as married). Simply cohabiting—even for decades—does not guarantee marital rights.
3. Equitable Distribution
- Misunderstanding: Many think “equitable” means a 50/50 split of assets.
- Reality: Equitable means fair, not equal. Courts consider factors like length of marriage, contributions, and future needs. One spouse may receive more than half if fairness requires it.
4. Alimony (Spousal Support)
- Misunderstanding: People assume infidelity automatically increases or decreases alimony.
- Reality: In most states, alimony is based on financial need and ability to pay, not marital fault. Cheating rarely impacts spousal support unless it directly affects finances.
5. Legal Separation vs. Divorce
- Misunderstanding: Some believe legal separation is just “living apart.”
- Reality: Legal separation is a formal court order defining rights and responsibilities while still legally married. Divorce, by contrast, dissolves the marriage entirely.
Donald Morris CDFA President Central Ohio Academy of Collaborative Divorce Professionals
This is for illustrative purposes only. Consult a legal professional for advice.