Divorce is a difficult situation for all parties involved because it can take time, money and an emotional toll. Divorce can get especially complicated if there are children involved and custody becomes an issue as well. If you or a family member is going through a divorce make sure to take note of these myths about divorce that can seriously change a situation if you believe them to be true.
1. The mother of the child is automatically given custody of the children.
It is a common misconception in divorce cases that when it comes to children, the mother is automatically given primary custody if neither parent has any issues. However, this is not the case. Although each situation is different, if both parents are stable physically and emotionally, then it is up to the court to decide what is in the best interest of the child- in this case custody most likely splits 50/50.
2. Children can choose which parent they’d like to live with.
Although the children may favor one parent, their preferences do not factor into a decision regarding custody. If a child feels very strongly the court may take their feelings into consideration, but it will not be the determining factor.
3. Both parties involved must have a lawyer present.
No, legally you do not have to be represented by a lawyer, however, it is highly recommended that you are. Lawyers can help with so much more than just the detailed paperwork. Lawyers can provide advice and tips on how to best handle the divorce and court dates if there are any. Sometimes, if you cannot afford a lawyer your spouse may have to pay for one so you are equally represented.
4. All divorces take place in court.
When most people think divorce, they think of the dramatized divorces we see on TV like Divorce Court or Judge Judy, however it doesn’t always have to be that messy. Divorce does not always have to go to court. If you and your ex are on the same page regarding the majority of the issues, and your lawyers are able to calmly divide and settle your assets then you can keep the divorce in your own hands.
5. If child support is not paid, you can remove visitation rights.
Child support is determined through a series of documents, negotiations and details. Whether you work out child support in private through lawyers, or child support must be determined in a courtroom, visitation rights cannot be affected by child support payments. If your ex is not paying the child support there is a course of actions, but none of these include levying their rights to see their children.
6. Prenuptial agreements only protect the wealthier spouse.
While prenuptial agreements are typically drawn up by the wealthier party prior to the marriage, a prenuptial agreement does not only protect one person. The agreement is designed so that if the assets were needed to be divided, each party is protected and the division of property, money, ect is predetermined. In the case that a prenuptial agreement does only protect one party, the judge will most likely disregard it in court.
Going through a divorce is challenging enough- let us help you make it a little easier. Our team at Von Esch Law has experience in family law and divorce cases, so we can support you and provide the resources you need to make it as simple of a process as possible. To contact one of our lawyers today head to our website or give us a call!