Three Important Myths About Divorce Law You Need To Know
There are a number of things that people say when they hear that you are getting a divorce. Just because someone says it, doesn't make it true which is why there are countless myths about divorce. Here is a list of some of the biggest divorce myths and what you need to know.
1. You Can Deny Parent Visitation If They Fall Behind On Child Support
More often than not parents use the kids as pawns in a divorce case so they suffer the fallout from mom and dad's fighting. When one parent falls behind on their child support payments they are still entitled to their rights as a parent and can still see their child. In a court of law, visitation and child support are two completely separate issues that have no impact on one another. The best thing a parent can do is let the law decide when it comes to things like visitation, and if a parent decides to take the law into their own hands it will complicate a divorce proceeding.
2. The Mother Will Automatically Get Custody Of The Children
The idea that the mother will get custody of the children just because she is the mother is false. In most cases the children will stay with the mother, but the courts must factor in a number of things into their decision and will side with the parent who can provide them with the best quality of life. Things like the parent's living situation, employment status and criminal history will all be considered when the judge makes a decision on who should get custody of the children.
3. A Cheater Will Always Loose In A Divorce Case
Infidelity is always a major sticking point between spouses and can leave one person in the relationship looking to hurt the other in the divorce. Infidelity is not considered in the the division of a marriage and the division of assets in a court case. When a couple separate a court doesn't care who is at fault in the relationship, they to settle the matter by examining the economic ramifications, child custody, spousal support, and division of assets as it relates to the two parties. If you are involved in a divorce case where your partner committed adultery do not let it cloud your judgement in the decision making process as it will only cost you additional money in legal fees. Instead, do some family mediation.
When it comes to divorce you should always consult with a divorce attorney to handle your case.