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August 2016 Archives

Ten Myths About Divorce

If you've never been through a divorce before, you may not be familiar with the process. If you are considering divorce and trying to learn about how a Texas divorce works, you may get advice from friends and family members. But be ware often the information they might give you is wrong.
If you are armed with the wrong information you run the risk of making decisions that might hurt your case. That is why it is so important to speak with an experienced Texas divorce lawyer as soon as possible if you are thinking about divorce. Your divorce lawyer can tell you the truth about how divorce works and bust the many myths about divorce. Here are ten of those myths about divorce: 1. Visitation can be denied if my ex doesn't pay child support.
There is a process for enforcing child support obligations, but threatening or denying a parent visitation with their child is not one of them. In short, access to the children and parenting time are not related to the payment of child support.
2. Commit adultery, lose everything.Will cheating on your spouse lead to divorce? Yes, that is often the case. However, being unfaithful doesn't mean that you'll lose your kids, your home, your assets, and your rights. It could be used as an argument for gaining more of the community property. But often it is not a large factor. If in the course of committing adultery, you waste community assets that will be taken into consideration during a property division.
3. Divorce can be denied.In Texas, you do not have to prove fault in order to have the Judge grant the divorce. Therefore, even if you don't want the divorce and your spouse doesn't, the judge will still grant the divorce. Once all the financial, custody and visitation issues have been resolved at settlement or trial, a divorce will be granted.
4. Mothers always are awarded custody of the children.While there certainly was bias in favor of mothers in years past, the law has evolved along with changes in society to reflect that both fathers and mothers can have the primary right of possession. Decisions about custody and visitation will be made based on what is in the best interests of the child, and that depends on circumstances and characteristics that have nothing to do with gender.
5. You must have a lawyer.
You have a right to represent your self. But it is not always the best option. You could make errors that could harm you in the future. Once the judge signs the Final Decree of Divorce, there is nothing about the property division, that can be changed. You may also make mistakes regarding your children and child support that could be difficult to change later.
6. You can avoid paying child support.Child support payments in Texas are established by law. If you have a minor child and you are not the custodial parent, you will have to pay child support. If you fail to comply with a child support order, both your spouse and the state of Texas will take steps to enforce those orders.7. Children get to pick who they live with.If a child has reached the age of 12 and has expressed a preference as to which parent he/she would like to live with, a judge can take that fact into consideration in the determination as to custody. However, they are not required to follow a child's choice and will make their custody decisions based on what is in the best interests of the child.
8. Divorce always leads to battles.Divorce can often full of hostility, blame, and finger-pointing. But it doesn't have to be. Other methods like collaborative divorce, mediation, and negotiation are all options if you are trying to keep the divorce from becoming highly contested. If you tell your attorney that you would rather focus on resolving conflicts as opposed to starting or escalating them, the attorney can help make your divorce a process of negotiation and agreement rather than argument.
9. Equitable distribution results in equal division.Property in Texas is divided based on what is just and right in light of the circumstances. Property can be and often is divided in an unequal manner based on the many factors that go into a judge's decisions about property division. Whether that property is divided 50/50 is not one of them.
10. Women always get maintenance and men never do.Decisions about spousal support, just like custody decisions, are no longer are based on outdated prejudices and reflect the fact that women often earn more than their husbands. Decisions about spousal support are based on the economic realities of the respective spouses regardless of their gender. If you are considering a divorce or have a family law issue, consult with or retain a competent attorney to protect your rights. 

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