13 Family Law Myths 

Misinformation is so common now that it’s attacking our legal system. Every day, “experts” tell you on television, podcasts, social media, blogs or in person what the law is. Ironically, few of these “experts” are actual lawyers, or have experience in the situation they are discussing. We politely call these myths, but the reality is that these myths are leading to major legal misconceptions and mistakes.

One of the biggest myths we see in the family law field is that you have to pay to speak to an attorney. Not true at all, as most family lawyers actually offer free consultations because we want you to be free to make your own decisions with zero obligation.

Common Myths Of Family Law In Arizona

It’s important to always consult an attorney, even if you read something online from a legal website. Your situation may be different or there may be something else that needs to be considered in this matter. Take the time to speak to an attorney so they can eliminate myths like:

1. The courts always grant custody to the mother: In custody matters, the courts treat both parents equally and with the same rights to their children. The court will consider several factors to determine what is in your children’s best interests.
2. Children have the choice of which parent to go with: At a certain age, courts will allow a child to offer their opinion on which parent they would like to stay with and for how much of their time. However, no matter the age, this opinion will only be taken into consideration when making a final decision and is not a determinative factor.
3. Courts do not review agreements if both parties agreed in the original divorce agreement: When it comes to divorce and legal separation, it’s always easier for everyone when both parties agree. If the statutory time has passed, typically one year after entering into the parenting time agreement, the court will consider the modification if there is a continuing and substantial change of circumstances since the prior order or decree.
4. Nonpayment of child support: If the father of your child is behind on child support that does not give you the right to limit their parenting time or visitation. The only way to get their parenting time or visitation reduced is by filing a petition or motion with the court.
5. Custody only applies to married people: Custody applies when there is a separation between two people and they both have legal rights to a child. There is no requirement of marriage.
6. Spousal maintenance is permanent: There are several reasons why your spousal support can change or end, including need and ability to pay, or retirement.
7. The wife gets the family house: Typically, the marital home is ordered sold unless  one party can buy the other out.
8. Where you got married matters: You can be married in a different state or country. It is the state of your current residency that will usually be where you will file for a divorce. That also means the state laws of where you got married are not as important as those of where you file for divorce.
9. It’s easy to relocate with children after a divorce: No, again, even with sole custody you must request the right to relocate from the court. If your living situation impacts the other parents visitation or parenting time rights in any way you must go through the courts first.
10. Divorce takes years: If both parties agree and the courts believe the agreement is fair and equitable, it can be done within months. (Minimum of 60 days for statutory “cooling off” period).
11. Child support stops at 18: There are situations where support could continue past the age of 18, if your child is still in high school, has special needs, or other extraordinary circumstances exist.
12. If it’s in my name it remains mine: No, and this is a major myth and misconception. You cannot marry someone, get a property but keep it in your name and assume that they do not have rights to it in the case of a legal separation or divorce. Without a pre or post nuptial agreement, the asset may become community property. Even if the property remains your sole and separate asset, and your partner may have an equitable lien
13. The reason we are getting divorced matters: Actually, in Arizona it does not because the state is a no-fault divorce state. That means adultery will not impact things like spousal support or division of marital assets unless you can prove significant marital waste.

Dispel the myths and speak to a family attorney.