Going through a
divorce is a complicated process for both spouses, even when it is a mutual agreement;
there are many bells and whistles that are involved in a settlement. Having
a lawyer at the time of your divorce is one of the best decisions that
an individual can make in order to make sure that their needs are well
represented when going through the divorce. With the help of an attorney,
a divorcing spouse can have a decent understanding of all that is involved
in the legal process of divorce, and yet there can still be many questions
and concerns on behalf of the spouse.
Here are a few common myths about divorce to help you have a better understanding
of some of the details that can be involved, both in divorce, prior to
the divorce as well as later on down the road. Contact a lawyer to further
discuss your concerns about these topics; at Hutchinson Law we are ready
to answer any of your divorce questions!
Divorce is the easy way out when struggling with a marriage. Going through a divorce requires a lot
of very weighty decisions that need to be made and the process involves
many details. While it may be the answer for some, it should be taken
very seriously. In the event that there is abuse in a family, divorce
isn’t the easy way out but it is the best for the family. For any
spouse to get out of an abusive relationship it takes a lot of courage
to do so, and a lot of preparation.
There is always one person to blame for the divorce. This is simply not true, just as it takes two individuals
to make a marriage work; it takes two spouses to end in a divorce. Sure
there may be events in which your spouse was to blame for a specific detail,
but overall choosing to divorce is often a mutual decision between adults
who acknowledge that their marriage is no longer working out, and not
worth fighting for any longer.
After we divorce we will get along better is another common misconception about divorce. After choosing to divorce
it is going to be a difficult season getting used to being a single parent
as well as learning how to get over the hardships in your marriage that
led to your divorce. In time parents may come to be civil again as they
are trying to work together on behalf of the children, but remember this
may not happen overnight.
If we divorce our kids will be happier is often a myth as well. Divorce, though difficult for the adults, will
be even harder on the children. How you chose to handle the entire situation
will have a huge influence on how the children cope with this change.
Walk them through what is happening and really seek to reassure your kids
that they are loved in the midst of their parents separating. Don’t
forget, how you and your divorcing spouse treat one another in front of
your children will also have a huge impact on the kids and how they handle
If my ex doesn’t pay child supportI don’t have to let them have visitation rights. This too is false, while the non-custodial parent is required by law
to make the payments; the other parent is not given the right to make
the legal decision to withhold visitation rights. As a parent, if you
have concern that your ex is not making their payments, contact your family
attorney and discuss the legal process with them.
Mothers always get the custody of the children is also a false conception. While it tends to be more common, it certainly
is not set in stone. The court will seek to do what is in the best interest
of the children, and if a father or a mother feels that they are better
off with one of them, then they will do their best to fight for custody
with the help of their attorney. There is no black and white answer to
which parent gets child custody, each case is unique and the specific
situations will be taken into account before a decision is cast.
Children get to choose which parent they will live with is not always the case in a divorce. In the event that the children are
young the court tends to make their decision for
custody on what is best for the children, not necessarily based upon the wishes
of the child, especially for the little children who may not understand
the situations fully. In the event that there is an older child, the court
may or may not choose to listen to their requests regarding their custody;
this depends on the specific situation and the court.
We have to go to court if we divorce and can’t agree on a settlement is not always the case either. Contested divorces are when the two spouses
are unable to make an agreement in their settlement terms, and in many
situations they don’t have to go to trial. Your lawyer will walk
you through your specific case, and determine what is best for you. Mediation
is also a route that can be taken when trying to avoid trial.
As you can see there are many details involved in divorce, and many facets
that need to be understood. Divorces are never an easy process, though
with the help of an attorney they can run a little more smoothly. At Hutchinson
Law we have years of helping people within our community file for a divorce.
Contact us today to discuss your case!