Dispelling the Myths about Divorce

Our divorce lawyers at Brydon, Swearengen & England P.C. have elected to share some of their experience and insight in this web page in an effort to answer questions often posed by both our clients and potential clients in divorce and child custody cases.  Please keep in mind that the information contained herein is subject to change depending upon changes in the law.

 

Myth 1: The first person to file for divorce gains some advantage.

 

Answer: The answer is no subject certain exceptions.  An advantage can be obtained in a divorce and child custody proceeding when husband and wife reside in different counties and have a child or children together.  The county in which the person files first and obtains service of process will generally be the county in which the divorce case is heard.

 

Myth 2: Courts give a preference to the mother in child custody cases.

 

Answer: No.  Missouri courts are prohibited from giving preference to either parent in a child custody dispute based upon the age or sex of the parent or the age or sex of the child.

 

Myth 3: The spouse committing adultery forfeits all the assets in the divorce.

 

Answer: No.  Adultery alone will not result in the non-cheating spouse obtaining a disproportionate share of the marital assets in a divorce, let alone all the marital assets.  The non-cheating spouse must show financial harm in order to obtain a large division of the marital property in the divorce.

 

Myth 4: Neither parent will pay the other child support if the parents have an equal child custody schedule.

 

Answer: Not necessarily.  Even if parents have an equal custody schedule, one parent may be ordered to pay the other parent child support.  A determination of child support is not based solely upon the child custody schedule.