Many people misunderstand how family law works in Massachusetts. Legal matters involving family can be complex, and misinformation often spreads quickly, leading to unnecessary stress and costly mistakes. Misunderstandings about divorce, child custody, and financial obligations can cause individuals to make decisions that may not be in their best interest. It is important to separate fact from fiction to ensure you have a clear understanding of your rights and responsibilities.
Divorce Always Means a Lengthy Court Battle
One of the biggest misconceptions is that all divorces end up in court. While some do require litigation, many are resolved through negotiation, mediation, or collaborative law. Massachusetts encourages couples to settle disputes outside of court when possible. This approach can save time, money, and emotional strain.
Mothers Always Get Custody of the Children
It is widely believed that courts automatically favor mothers in custody disputes. However, Massachusetts law prioritizes the best interests of the child, not the gender of the parent. Judges consider factors such as each parent’s relationship with the child, ability to provide stability, and willingness to foster a relationship with the other parent.
A Spouse Can Deny a Divorce
Some people assume that if one spouse does not agree to a divorce, the other cannot proceed. In reality, Massachusetts allows for a no-fault divorce, meaning one spouse can file based on an irretrievable breakdown of the marriage. Even if the other party refuses to participate, the court can still grant the divorce.
Marital Assets Are Always Split Evenly
Many believe that marital property is divided equally in a divorce. Massachusetts follows an equitable distribution model, which means assets are divided fairly but not necessarily 50/50. Factors like the length of the marriage, contributions of each spouse, and future financial needs play a role in determining the final division.
Alimony Is Guaranteed in Every Divorce
Not every divorce results in alimony payments. Massachusetts courts consider factors such as the length of the marriage, each spouse’s earning capacity, and their financial needs. Alimony may be awarded temporarily or long-term, but it is not automatic in every case.
Child Support Covers All Expenses
Some parents assume that child support payments cover all child-related expenses. In reality, the Massachusetts child support guidelines provide a base amount, but additional costs such as extracurricular activities, medical expenses, and higher education may require separate agreements or court orders.
You Must Be Legally Separated Before Filing for Divorce
Unlike some states, Massachusetts does not require legal separation before filing for divorce. Couples may choose to live apart before divorcing, but there is no legal process that mandates separation before initiating divorce proceedings.
A Parent Can Withhold Visitation if Child Support Is Not Paid
Some believe that if a parent falls behind on child support, the other parent can deny visitation. However, parenting time and child support are separate legal matters. If child support is unpaid, the proper course of action is to seek enforcement through the court, not to withhold visitation.
Conclusion
Believing in legal myths can lead to poor decisions. If you are facing a family law issue in Massachusetts, consulting an attorney can help you understand your rights and responsibilities. Getting the right information ensures you make informed choices during what can be a difficult time.
