What you think you know about divorce may not be true. Divorce is a complex and emotional process, and unfortunately, it’s also surrounded by misinformation. Whether it’s advice from friends or something you saw on TV, these misconceptions can create confusion and unnecessary conflict.
At our firm, we believe that informed clients make empowered decisions. Below, we’re debunking some of the most common myths about divorce to help you better understand your rights and what to expect.
Myth #1: Mothers always get custody.
In reality, custody decisions are based on the best interests of the children. Not the gender of the parent. In Pennsylvania, both parents enter custody proceedings on equal footing. The court evaluates a variety of factors, including the children’s needs, each parent’s involvement, and their ability to parent and co-parent effectively.
Myth #2: If my spouse cheated, I’ll get everything.
In reality, although infidelity may be emotionally painful, it typically has little impact on the division of property or alimony awards in Pennsylvania. Unless the affair involved financial misconduct—such as using marital assets to fund the relationship—it probably won’t sway the outcome of equitable distribution.
Myth #3: Property will be split 50/50.
In reality, Pennsylvania follows the principle of equitable distribution, which means property is divided fairly—but not necessarily equally. The court considers factors like the length of the marriage, each party’s opportunities to acquire future assets and income, and who will serve as custodian to minor children, when determining how assets and debts should be divided.
Myth #4: I can deny custody or visitation if my ex isn’t paying child support.
In reality, custody and child support are completely separate legal matters. Withholding access to a child due to unpaid support may actually harm your custody case and violate existing court orders. If your ex is behind on child support, the proper step is to pursue enforcement through your local Domestic Relations office—not to take custody into your own hands.
Myth #5: We can’t get divorced unless we agree on everything.
It’s certainly helpful if both spouses can agree on major issues like property division, custody, and support—but it’s not required. If agreement can’t be reached, you can request that the court step in to make the decisions you’re having trouble with. Contested divorces may take longer, but they are possible.
Myth #6: I can just relocate and take the kids with me.
In reality, relocating with children without the other parent’s consent or a court order can have serious legal consequences. Courts may view it as interfering with the other parent’s custodial rights. If you're considering relocation, it’s best to speak with an attorney first to ensure you’re providing proper notice, and protecting your rights and your children’s best interests.
Myth #7: Divorce is always a battle.
In reality, while divorce is rarely easy, it doesn’t need to be adversarial. Many couples resolve issues through negotiation and agreement, which can be more cost-effective and less emotionally draining than litigation. With the right guidance, it’s possible to part ways respectfully and constructively.
Although divorce can feel overwhelming, understanding the legal landscape helps you to make informed, rational, better choices. Knowledge is power! If you have questions about your specific situation or need help navigating the process, we are here to help you. Contact us at (610) 222-5959 for a free initial consultation.