Going through a divorce can be extremely challenging, especially if you
are constantly being presented with false perceptions and ideas of how
divorce works. Divorce is a rather commonplace occurrence nowadays, however,
the legal complexities of divorce can still be difficult to understand,
which leads to frequent misrepresentations of the divorce process. In
order to make your divorce as smooth as possible, make sure you can tell
the difference between divorce myths and true facts.
Before you begin the legal process, discover the truth behind some of the
most common misconceptions about divorce.
1. The divorce process is always argumentative and tense.
Although many divorces are quarrelsome, they do not always need to be.
Plenty of divorcing couples work through their differences calmly and
rationally, negotiating terms of child custody, child support, alimony,
property division, and other matters to the benefit of both spouses. For
many couples, mediation makes for a more agreeable setting and encourages
divorcing couples to compromise and work together. Even if a couple does
not use mediation, litigation can still be successful without too much
debating if both parties work quickly and willingly negotiate.
2. Husbands always pay their wives alimony after a divorce.
Alimony, or spousal support, is the payment the higher earning spouse makes
to the other. It is not determined by either spouse’s gender, and
can be paid by either the wife or the husband after a divorce. Traditionally,
men were the sole breadwinners in their households, which was why men
primarily paid women in spousal support. However, now that more and more
women are in the workforce, this stereotype is occurring less and less.
As a rule, each judge will determine if and how alimony will be paid on
a case-by-case basis.
3. Mothers always get the kids.
Both parents are given equal rights be the sate, which means mothers will
not be favored as the primary parent without good reason. Both the mother
and father have parental rights, unless otherwise stated, which means
both can petition for sole custody, or joint custody, without any bias
based on gender.
4. Prenuptial agreements protect the wealthier spouse in a divorce.
Prenups have a reputation for being used only by the rich and wealthy.
However, a marital agreement, like a prenuptial or postnuptial agreement,
can be used by any couple of any financial background. Prenups protect
the assets and properties of each spouse, and can also be used to protect
any children of the marriage by specifying how child custody should be
awarded in the event of a divorce.
5. When parents share custody, nobody pays child support.
Child support is not a payment for the benefit of one spouse over the other,
it is a payment for the benefit of the child. For this reason, child support
can still be required even if both parents share custody. Even in shared,
or joint, custody arrangements, the parents may not split their responsibilities
perfectly evenly. For example, if one parent pays for the child’s
health insurance and food, the other parent will likely have to pay child
support to help with these expenses.
Contact the Law Office of Kathryn Marteeny
today to discuss your divorce case with our Houston family law lawyers.