Misconceptions About Divorce You Need To Know
Divorce law can be confusing. When you are in the midst of a divorce, you have likely heard a variety of opinions on the matter. This makes the process of divorce even more difficult when you do not know what true and accurate information is and what is not. The following are some common divorce misconceptions you should know as you go through the divorce process.
You Do Not Have to Disclose Financial Information
You may have experienced someone tell you did not have to provide a record of your finances to the court. This is not true. Part of the divorce process includes the disclosure of financial information from each party. State rules vary, but most require each party to the divorce to include financial disclosure statements as part of the dissolution process. Only couples of an uncontested divorce in which both parties agree to their own terms may be exempt from providing these documents. However, this is not always the case and will depend on the judge presiding over your case. Be sure to discuss this with your attorney.
You Do Not Have to Pay Child Support if You Divide Custody Equally
While an equal custody arrangement is the best scenario for the children, it does not necessarily mean one of you will not have to pay child support. In many cases, parents who share equal custody agree to not pay child support and pay for the child's needs while they are in his or her custody. However, there are times in which one parent may not make as much money as the other. This results in the other parent paying child support.
Your Child Can Decide Where He or She Wants to Live Once Reaching a Certain Age
This is not the case. There are no rules in place that dictate a child can choose his or her residence once he or she reaches a certain age. While it is true that a judge can allow a child to testify as to his or her preference, a judge does not have to allow it. Furthermore, a judge may not allow the child to testify in the first place if it can be harmful. A judge will evaluate a child's maturity and ability to understand the situation at hand before allowing him or her to testify. Ultimately, even if the child testifies, it may have no bearing on the judge's final decision.
Contact a divorce lawyer for more information.
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