3 Misconceptions about going to Court

There are many, but three major misconceptions about a Florida divorce or family law actions

MISCONCEPTION # 1-"The Court will punish your spouse's behavior"
Many people expect that the court will find some way to punish their behavior or the spouse who broke society's rules. However, this usually does not happen in Florida courts, usually because of the court's overwhelming case load. In most states, the Court's view divorce solely as an economic transaction focusing on assets and children's economic needs. Any betrayals or abuse your spouse commits typically do not change the property settlement or alimony amount, although domestic violence or child abuse can affect time sharing or custody.

MISCONCEPTION #2-"You will have your day in Court"
Based on what you have seen on television and in the movies, you might imagine that you will have your day in court to vent to the judge the drama caused by your spouse. However, it usually doesn't work that way. Typically, you and your spouse (and their respective lawyers, mediators, accountants and other professionals) work out the financial details, custody and visitation issues-not the Court.

MISCONCEPTION #3-"The Legal System is interested in justice"
Although the criminal system "might" be interested in justice, the family law system is typically too overwhelmed to focus much attention on your perception of justice-even if it's accurate. Like beauty, justice is in the eye of the beholder. As a result, Florida law directs the Court's to be concerned more about:

.The "best interest of the children"

.Maintaining the living standards of any children;

.Where appropriate, assuring that marital assets are distributed equitably; that the relative living standard of a spouse who did not work is maximized or that spouse is able to transcend post divorce to sustainable employment.

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