Common Divorce Myths In Franklin
With the high divorce rate in Franklin, and throughout the country, you likely know someone who has been divorced. If you are starting the process or are thinking about ending your marriage, these individuals may try to help by giving well-intentioned advice. However, no two divorce cases are exactly the same and this has led to many misconceptions about the legal process. Below, one of our Franklin divorce attorneys busts some of the most common myths about the process.
Mothers Automatically Receive Child Custody
Child custody is not usually automatically awarded to either parent during divorce. Either parent may be awarded primary custody and in fact, most judges prefer joint custody arrangements. When making decisions about child custody, the court will only consider what is in the best interests of the child, and not the gender of the parents.
You Can Withhold Visitation if Child Support is Not Paid
Visitation rights and child support are two separate legal issues and one does not necessarily affect the other. If your former spouse is not paying child support, there are specific methods you can use to enforce the legal order. You cannot withhold visitation or the court will likely find you in violation of the child custody order. Violating these court orders carry serious penalties such as high fines and being found in contempt of court. A judge may even modify the child custody order in a manner that favors your former spouse.
Your Spouse Must Agree to the Divorce
Ideally, you and your spouse would agree to end your marriage amicably and resolve all terms of the divorce on your own. Unfortunately, this rarely happens. Still, if your spouse does not agree to the divorce, that does not mean you cannot continue with the process. You have the right to file a divorce complaint with the court and if your spouse disagrees, you will have to prove the grounds you stated when filing.
Marital Property is Automatically Divided 50/50
In community property states such as California, the courts presume that all marital property is jointly owned by each party. As such, the property is divided as close to 50/50 as possible. Tennessee is not a community property. Instead, property division during divorce follows equitable distribution laws. Under these laws, marital property is divided fairly but not necessarily equally. Marital property refers to any assets and liabilities the couple acquired together during the marriage.
You Can Date While Separated
If you and your spouse obtain a legal separation, you may be tempted to start another romantic relationship. Regardless of how long you have been separated, dating can be considered adultery or marital misconduct and that can hurt your case. Always wait until your divorce is finalized before you start to date anyone else.
Our Divorce Attorneys in Franklin Can Provide Sound Legal Advice
You need the support of family members and friends while going through a divorce. When you need sound advice about legal issues, though, you should only receive it from a Franklin divorce attorney. At Beal, Nations & Crutcher, our skilled attorneys can advise on your case and how to best protect your interests. Call us now at 615-861-2304 or contact us online to schedule a consultation and to learn more.