If you are getting a divorce, it is important that you fully understand all the terms you will encounter during the process. You also have probably received a lot of advice or opinions from those you know who have been through a divorce. This can be a blessing and a curse, as you may or may not receive correct information. Here are some misconceptions about divorce you may have heard:
Your Finances Are Your Own Business
One thing you may have heard is that you have confidentiality when it comes to your finances. This is far from the truth. One of the most complex parts of a divorce is asset division. To accomplish this task, both parties have to disclose all their financial information. Unless you are collaborating or getting an uncontested divorce in which you both agree to all the terms of the division, you must provide information about your finances. Even in uncontested divorces, a judge may wish to review your finances to ensure both parties are being treated fairly.
You Can Avoid Child Support Payments with an Equal Custody Arrangement
Many parents opt to make their custody arrangements as equal as possible for the happiness and well-being of the children. In this arrangement, in which you both have your children the same amount of time, you may assume one parent does not have to pay the other child support payments each month. This is not always the case. If one of you has a higher income than the other, the higher earner may have to pay child support to the other parent to ensure the child's needs are met and the child has mostly equal living arrangements in both parent's homes.
Children Can Choose Who They Want to Live With
In some cases, children of a certain age may have some input as to which parent they want to live with primarily. However, there are no legal rules that constitute this, and a judge may order which parent will have primary custody. A child can speak to the judge and make their wishes known, but the decision is left to the judge unless the parents work out their own custody arrangement. Even then, a judge has to approve. Some judges may not allow a child to testify because it can sometimes negatively affect the child. Before a testimony can take place, the judge will carefully evaluate the child and decide if they are fit to provide a testimony.
For more information, contact a divorce attorney in your area.
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