There are a lot of myths and false assumptions surrounding divorce, and many of them are accepted as fact thanks to popular media. They are so widespread that divorce attorneys have to spend considerable amounts of time educating their clients on how the process actually transpires. This can make the divorce process more difficult. Below are a few of the most common misconceptions…
Mother Always Gets Custody
This myth has been difficult to dispel because it was once true. There was once a time when judges widely believed that it was best for children to live primarily (or exclusively) with their mother. However, that is not the case anymore. Most judges today presume that children benefit from regular contact with both parents, and are open to the possibility that it may be in the children’s best interests for dad to be their primary caretaker. This means the fathers no longer have a steeper hill to climb in court than mothers, and both sides begin on even ground.
Only Women Get Alimony
Things have also changed regarding alimony in that courts decide whether to award support (and how much) on the basis of both parties’ specific financial situations, and the husband is no longer presumed to be the “breadwinner.” It is not uncommon to see the husband receiving alimony from the wife in situations where the wife significantly out earned the husband during the marriage. However spousal support itself is occurring less and less often, but if it is awarded, there is no guarantee that only the former wife will receive it.
All Property And Possessions Are Divided Equally
Many people assume that this means community property will be divided equally between spouses. However, a family law court may order an uneven distribution based on the factual circumstances of each case. Due to this provision, the way that spouses present their financial standing and contributions to the marriage may be influential. A judge might award property unevenly if one spouse is significantly disadvantaged due to any of the following factors…
- Age and health
- Education, vocational skills, and earning power
- Separate assets and liabilities
- Marital assets and non-marital assets
A judge may also award property in an unequal manner based on other factors, such as one spouse’s role as a caretaker or one spouse’s intentional depletion of marital property.
Not Paying Child Support Limits Visitation Rights
This is a common myth. Child Support is a completely separate order from visitation, by the judge. Even if the non-custodial parent does not pay court-ordered child support, the custodial parent must follow the visitation schedule. If they do not, the court can punish them. A hearing to ask the judge to make the non-custodial parent pay the child support can be applied for but you must go back to court to obtain that order. Although both orders concern the children of the marriage, they are two separate issues with different rules and standards and the one has no bearing on the other.
Lawyer is Required To Go Through a Divorce
You can go through the divorce process without an attorney BUT as anyone who’s gone through a divorce can tell you, the process is rarely easy. Tensions run high, and couples often make poor decisions in the heat of the moment. Given the mountain of financial, practical and emotional details that have to be sorted, it’s not surprising so many couples wind up making critical mistakes on the road to divorce. A good attorney can work to make a difficult process positive and fair. Divorce does not have to be warfare.
We are committed to helping families resolve their differences and get back to their lives. We offer the guidance and support that you will need when you are involved with the legal system.
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About Helmer Somers Law
Helmer Somers Law helps individuals and businesses navigate the complex system of rules that accompany all legal situations. We are licensed to practice in both Kentucky and Ohio and offers flexible, affordable payment terms for our services. We welcome the opportunity to earn your trust and become your lawyer for life! It’s a fact of life in the modern world. There comes a time for virtually every adult American when the services of a competent, dedicated lawyer are required. Circumstances such as divorce, bankruptcy, estate planning or an income tax audit demand that your rights be protected, and your long-term interests advocated for with diligence and perseverance. When you call Helmer & Somers Law, you can rest assured that they will be.