Divorce can be incredibly stressful, and the last thing you need is misinformation complicating matters. As much as we would want to think that in this day and age, everyone knows the facts, the reality is that divorce myths remain prevalent. And the unfortunate reality is that many people going into the Florida divorce process fall for the myths they hear from friends, family, or read online. If you are considering filing for divorce in 2026 or are already in the middle of the process, it is vital that you avoid believing the wrong things, as that can cost you time, money, and peace of mind.
Myth #1: Property Is Always Divided 50/50
One of the most common misconceptions is that assets are automatically divided equally during a Florida divorce. While Florida courts begin with the assumption that assets should be divided equally, Florida practices equitable distribution. This means that a judge can order unequal division if there is a justified reason based on specific factors and evidence presented in court. Judges can adjust the 50/50 starting point after considering various factors outlined in Florida Statute section 61.075.
Myth #2: Courts Always Favor Mothers
There is no automatic preference for mothers or fathers when it comes to timesharing matters. Florida courts generally favor shared parental responsibility and create and approve plans based on the child’s best interests. Factors such as the ability to meet the child’s needs, cooperation, and parental fitness matter more than gender.
Myth #3: Being the Petitioner Gives You an Advantage
The truth is that filing the divorce petition first does not give a spouse a legal advantage. Rushing to file first will not automatically improve the outcome of your divorce case. However, it might offer strategic benefits, such as giving you more time to prepare evidence and controlling the pace.
Myth #4: You Must Prove Fault to Get Divorced
Florida is a no-fault divorce state, so it is not true that you have to prove abuse, adultery, or other wrongdoing to get a divorce. You only need to state that the marriage is irretrievably broken, which means that the marriage is so damaged that it cannot be saved or repaired. However, misconduct can sometimes be relevant when determining matters such as property division or timesharing.
Myth #5: Child Support Can Be Waived if Both Parents Agree
Even if you and your child’s other parent agree, you generally cannot waive child support because it is considered a child’s right. However, while you cannot agree to zero support, a judge may allow a slight deviation (up to 5%) from the set guidelines if there are specific, justifiable reasons.
Myth #6: You Can Recover Permanent Alimony
This myth is prevalent among those who rely on outdated information. Yes, Florida used to award permanent alimony, but that is no longer the case. Courts can now only award temporary, bridge-the-gap, rehabilitative, or durational alimony, depending on the circumstances.
A vital thing to note is that alimony is not awarded in all cases.
Divorce myths can lead to poor decisions and unrealistic expectations. Being informed is crucial for protecting your interests.
Contact Us for Legal Help
Our skilled divorce lawyers at Tampa Bay Legal Center, PA, can help you understand the facts and protect your interests. Contact us today to schedule a consultation.
