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Franklin & Brentwood Divorce Attorneys > Blog > Divorce > Common Myths About Divorce In Franklin

Common Myths About Divorce In Franklin

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No one gets married with the intention of getting a divorce. Unfortunately, the sad fact is that approximately 40 to 50 percent of all marriages will end eventually. The divorce process is always a very emotional one for those going through it and the fact that there are so many myths and misconceptions surrounding the process does not help. If you are ending your marriage, our Franklin divorce attorney explains the biggest myths, and the truth behind them, below.

Mothers Always Receive Custody of the Children

Generally speaking, the courts do not automatically award child custody to any party during a divorce. The only factors taken into consideration are those that are in the best interests of the child. When determining what is in the best interests of the child, the court will consider many factors including the lifestyle of each parent, their work obligations, and the physical and mental health of each parent. Of all the many factors to consider when determining what is in the best interests of the child, gender is not one.

You Can Withhold Visitation if You Do Not Receive Child Support

Visitation rights of each parent and child support are separate legal issues and one is not connected to the other. Many parents mistakenly believe that if their former spouse does not pay support, they can withhold visitation. This is not true. Child support payments are not for the parent who receives them, but for the child. Children also have a right to see both parents in most cases. As such, visitation cannot be withheld if child support is not paid and likewise, no parent can withhold child support if their former spouse does not comply with the visitation schedule.

Both Parties Must Agree to the Divorce

When filing for divorce in Franklin, and throughout Tennessee, you must state your grounds for dissolving your marriage. Your spouse can object to the divorce and deny the allegations you have made in your petition. If this happens, you can still proceed with the divorce, but you will have to prove the grounds you stated when filing.

Marital Property is Always Divided Equally

In Franklin, marital property is divided fairly during divorce. This does not always mean it is divided equally. The family law courts will take many factors into consideration when making property division decisions, including the length of the marriage, the physical and mental health of each party, and the financial assets and liabilities of each spouse.

You Do Not Need to Work with a Divorce Lawyer in Franklin

You are not legally required to work with a Franklin divorce lawyer. However, only when you work with an attorney can you ensure your legal rights are upheld. At Beal, Nations & Crutcher, our seasoned attorneys can help you navigate the divorce process and ensure you receive the full and fair settlement you deserve. Call us now at 615-861-2304 or contact us online to schedule a consultation and to learn more about your legal options.

Sources:

apa.org/topics/divorce-child-custody

casetext.com/statute/tennessee-code/title-36-domestic-relations/chapter-4-divorce-and-annulment/section-36-4-101-grounds-for-divorce-from-bonds-of-matrimony

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