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Common Myths About Divorce in Tennessee

Common Myths About Divorce in Tennessee

It’s estimated that 40 to 50 percent of all married couples will eventually get a divorce. There’s no question the divorce process can be extremely emotional. All the misinformation about the process doesn’t help this. Getting to know some of the most common myths about the divorce process is the best way to avoid making a bad situation worse.

Keep reading to learn what these myths are.

Myth: The Mother will Always Receive Custody of a Child or Children

In most courts, custody isn’t automatically awarded to anyone. The custodial parent can be either the mother or the father. The courts are going to decide what is best for the child.

There are several different factors that will go into this important decision, such as the work obligations and living arrangements of each parent, and their lifestyle. If you and your spouse make a decision about who should have primary custody of the child, the court will take this into consideration.

Myth: You Have the Right to Withhold Visitation if You Don’t Receive Child Support

Child support and visitation rights aren’t the same issue. If the non-custodial parent does not pay the child support they have been ordered to pay, you should go to court to resolve the issue. Remember, child support payments are for the benefit of the child and they should not impact visitation. To withhold visitation or child support, there may be legal ramifications including criminal charges and even jail time.

Myth: You Can’t Get a Divorce if the Other Party Doesn’t Agree to It

As long as you follow the procedures and rules outlined by the law, you have the constitutional right to file for a divorce. If you are the one who files the complaint for a divorce, you have to provide grounds for the court to agree to dissolve your marriage. If you and your spouse don’t agree to the divorce, then the person requesting the divorce must prove their grounds for it.

Myth: Dept and Property are Split 50/50 Automatically

Equitable property distribution is used for most divorce cases. This doesn’t always mean equal distribution. In a divorce trial, your judge may begin with an equal amount of property and debts for each person and then add to it or take away from it based on the property division laws in the state.

Myth: When You are Separated You Can Begin to See Other People

If you decide to date while you are separated, it can still be considered cases of adultery or even inappropriate marital conduct. This is true regardless of how long you have been separated. In the long run, this can be extremely harmful to your case. Wait until your marriage has been dissolved to date.

When it comes to filing for divorce, there are more than a few factors to consider. Keep the information here in mind to ensure you don’t believe any of the most common myths that are circulating about divorce and your rights. It’s also a good idea to hire an attorney who can provide further information and insight about the divorce process.