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5 common myths people believe about New Hampshire divorce

On Behalf of | Oct 16, 2020 | Divorce |

Half-truths and myths abound when it comes to divorce. Everyone in New Hampshire seems to have their own idea about what divorce entails, and not all of those ideas have a basis in the law or legal precedent.

Familiarizing yourself with some of the more common myths about divorce can help you better plan for your future after ending your marriage.

Myth number 1: Sometimes, one spouse gets everything

You’ve probably heard at least one horror story about a hard-working individual left with a tiny portion of their household assets or maybe nothing at all. Those stories are likely highly exaggerated or may not have a basis in reality. New Hampshire applies the equitable distribution standard to marital assets, which means that fairness is the ultimate goal when the courts divide your property.

Myth number 2: The family home is a winner-take-all asset

While it may be true that only one spouse can retain possession of the marital home, that doesn’t mean that the other spouse loses out on the value of the property. In accordance with equitable distribution practices, it is typical for the courts to either order the refinancing of the property so that one spouse can receive some of the equity or to allocate other assets to the spouse who isn’t retaining the family home.

Myth number 3: If your name is on the account, you don’t have to split it

Whether you find yourself worrying about a credit card balance or a retirement savings account, what matters more than the name on the account is when you earned the money or what you spent the money on.

Myth number 4: One parent can make baseless claims against the other

While it is true that parents often fight tooth-and-nail over custody of their children, the courts typically don’t accept verbal allegations of abuse or similar family dysfunction. They will expect some sort of evidence if the spouse making the allegations to influence how they split custody of the children.

Myth number 5: Divorce is always bad for kids

Divorce can certainly be stressful for your kids, but so is living in a house with parents who always fight. If you can keep your kids away from the conflict, divorce may actually create a safer and more stable home environment for your children.