How to Split a Toaster: A Divorce Podcast About Saving Your Relationships

Listener Question! Common Misconceptions About Divorce

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Common Misconceptions in Divorce? Yeah, There Are Just a Few...

Last week, we read a note from a listener asking to clear up some common misconceptions in the world of divorce. Today, we’ve invited Sterling Lovelady, one of the attorneys from the offices of NLG, to join Seth and Pete in a conversation clearing up some of these many misconceptions.

Some of the misconceptions they address in today’s episode include:

  • The moms always get custody
  • Legal separation is always the first step to getting a divorce
  • I had the job so I get the retirement money
  • Cheating spouses will be punished
  • Marital assets and debts are split 50/50
  • You can withhold visitation rights if the other parent fails to pay child support

And more. Tune in for this response to one of our listeners who had some of these very questions. Likely, you may have some of the same!

Links & Notes

  • Follow Sterling on Instagram
  • Schedule a consult with Seth
  • Got a question you want to ask on the show? Click here!
  • (00:00) - Welcome to How to Split a Toaster
  • (00:26) - Meet Sterling Lovelady
  • (01:30) - Common Misconceptions
  • (03:16) - if I buy a car in my name, then it’s not marital property even if I’m married
  • (04:51) - If I own my own business, I can just stop paying myself to avoid child support
  • (06:32) - I’m easily going to be able to get sole custody of my kids
  • (07:46) - mom always gets custody
  • (09:23) - the parent who gets custody of the children will not be able to leave the state without the permission of the other parent
  • (11:12) - I’m entitled to an attorney in my divorce just like in criminal law
  • (13:25) - I don’t need a lawyer
  • (14:34) - I Can File for Divorce Whenever/Wherever I Like
  • (16:29) - legal separation is the first step in getting a divorce
  • (18:21) - No-Fault Divorce Is Faster and Cheaper
  • (21:24) - Cheating Spouses Will Be Punished
  • (21:46) - At the End of a Case, All Inequities Will Be Adjusted
  • (24:12) - a common law marriage is the same thing is a regular marriage
  • (26:57) - Sponsor: Soberlink
  • (29:25) - I Can Always Reopen the Divorce Settlement at a Later Time
  • (30:48) - YOU CAN WITHHOLD VISITATION IF THE OTHER PARENT FAILS TO PAY CHILD SUPPORT.
  • (31:56) - YOU CANNOT GET A DIVORCE IF THE OTHER SPOUSE DOES NOT WANT THE DIVORCE.
  • (34:55) - Dismissal vs. Annullment
  • (37:50) - YOU CAN ONLY GET A DIVORCE IN THE STATE WHERE YOU GOT MARRIED.
  • (38:37) - I had the job so I get the retirement money
  • (39:20) - Only women get alimony
  • (40:21) - Spouses Who Make Less Money or Who Were the Stay-at-Home Parent Are Entitled to Alimony
  • (42:49) - you will not be able to get alimony because you are married less than ten years
  • (44:18) - Is Mediation Mandatory or a Choice
  • (45:44) - Is it Possible I Could Say the Wrong Thing in Mediation?
  • (48:04) - if you leave the marital home, it is considered to be abandoned by you.
  • (51:15) - If I just tell the judge my story...
  • (52:39) - Grandparents' Rights
  • (53:35) - Lawyers are the problems
  • (55:17) - I have 50/50 custody, I shouldn't be paying child support.
  • (57:07) - Sterling on Instagram
  • (59:49) - Wrap Up
    • ...more
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