Reality - Any time the parties cannot agree as to who will be the primary residential parent, the judge will engage in what is called a "comparative fitness" analysis between the parties, where he or she will weigh a number of factors and determine which parent serving as the primary residential parent will be in the children's overall best interest.But simply being a woman, in and of itself, neither helps nor hurts.
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But spousal support is never automatic in the same way that child support is automatic.
Myth 5: You cannot force someone to be divorced if he or she does not want to be.
While every case is different, and no one can ever predict exactly what a judge will do in any particular case, the following list, which is in no particular order, is meant to debunk some of the myths I most frequently hear related to divorce.
Myth 1: People routinely get "taken to the cleaners" in divorce, especially if someone has committed adultery or is at fault in some other way.
But, as a practical matter, most courts divide property at least in the vicinity of fifty/fifty, but the statute does not require them to do so, as long as the court can find that the division it makes is "fair and equitable" under the circumstances.