Just like in many other stressful and common experiences, many misconceptions persist about divorce. If you fall into thinking that any of these popular myths are true, the divorce process will likely be much more difficult for you. The following will take an honest look at these misconceptions so that you will be better prepared for the divorce process.
Spousal Support is Only Awarded to Women
Although this was once true due to traditional family roles, changing times have left their impact on how spousal support is awarded. An increasing number of married couples consist of a woman who makes more money than her husband. Because spousal support was created to provide support when a substantial income imbalance exists between spouses, it is just as common for a man as a woman to receive spousal support today.
Custody is Always Awarded to Mothers
For many years, courts held the belief that the mother of a child or children should always be awarded custody, but this idea is now outdated, too. Courts now begin with the assumption that is in the best interest of a child to split custody between parents. By beginning on equal footing, fathers are just as likely as mothers to be awarded custody.
Each Side Always Gets Half
Courts in Georgia are concerned with dividing property between spouses in a fair way, but this does not mean that the distribution is always even. When it comes to deciding how to divide assets, courts put the property into marital and non-marital assets. Marital assets refer to property that is acquired during marriage while non-marital property refers to assets acquired before marriage as well as a few other exceptions. While marital assets are divided between spouses, non-marital assets remain with the particular owner.
Non-Payment of Child Support Limits Visitation
Child support is analyzed using a separate set of guidelines than child support. If a noncustodial spouse does not pay child support, this means the custodial spouse is not able to withhold visitation. Instead, the exact penalties that a parent who does not pay child support faces is decided on by the court.
A Lawyer is not Necessary for a Divorce
It is technically true that you can proceed through the divorce process without the assistance of a lawyer, but this is often not a wise idea. An experienced attorney can help make sure that the divorce process resolves as smoothly as possible and that you end up reaching a resolution that is best for you as well as for your spouse. So, while a lawyer might not be necessary for a divorce, it is almost always in your best interest to retain one.
Contact an Experienced Divorce Lawyer
The divorce process is full of numerous complications. If you need the assistance of an experienced family law attorney, contact Vayman & Teitelbaum, P.C. today.