There are some common myths about family lawyers and divorces. For example, if your lawyer wants to keep your money, he should negotiate a settlement. Unfortunately, this complicates matters and makes the process more complex. Listed below are some common myths about family lawyers and divorces. Read on to discover what you should look for in a lawyer and how to avoid them.
The court will always award custody to the mother.
Many spouses and dads believe they are at a disadvantage from the start. Though certain prejudices persist, the times are changing. Rather than automatically siding with the mother over the father, the court prioritizes the child’s best interests over all other considerations.
When it comes to child custody, both moms and dads have the same legal rights. Each makes the same claims. And, in an ideal situation—we know that not every case will be perfect—the parent who represents the most excellent choice, whether mother or father, will be awarded custody.
While many attorneys will tell you that the court will always award primary child custody to the mother, this is not necessarily the case. The court will most likely award custody to the mother if she is the best parent for the child. It is important to remember that court decisions are based on the child’s best interests, not on the parents’ preferences. The family attorney Tampa w court will look at the child’s best interest to award custody.
While mothers have always been given custody of children, this has changed as the law has become more equitable. Judges now have different viewpoints on parenting roles than their predecessors did and will make decisions based on the children’s best interests. Whether or not a parent should have primary custody is a decision that will ultimately be made based on the circumstances and characteristics of the children. When hiring a family attorney, remember that you can use this information.
Your lawyer is obligated to pay any loans or other debts during your marriage.
Before filing for divorce, you should have your attorney review any documents. These may include agreements or notes from conversations. You should also give your lawyer copies of any credit card statements and receipts. If your spouse has business credit cards, you should inform your lawyer. If you don’t know where to get these records, you can ask your employer for them. In the meantime, look for any business expense reimbursement forms. In addition, keep track of any e-mails or other documents your spouse has sent you stating that they haven’t paid for you.
Another myth is that your lawyer is not obligated to pay any loans or debts you accrued during the marriage. However, if you and your spouse have made payments, they will need to be paid by your lawyer. This is another reason to have a prenuptial agreement.
Your lawyer should negotiate a favorable settlement
Many family law attorneys use evidence of adultery in negotiating a fair settlement, which can avoid costly and embarrassing litigation. A family attorney can also use the threat of litigation to encourage a settlement. A reasonable family attorney will explore settlement options. This implies that the court considers all assets and obligations acquired during a marriage to be equally owned by both spouses. The legislation assumes co-ownership. Many individuals believe that this indicates that everything is distributed evenly throughout the property division process. However, in most cases, common divorce misconceptions like these are not true.
Property division is influenced by a variety of circumstances. The overall objective of the court is for each spouse to emerge from the divorce on approximately equal footing and to retain a standard of living comparable to that experienced during the marriage.
The length of a marriage, wealth, health, future earning potential, and a variety of other factors all contribute to the eventual divorce settlement.
Your lawyer will always recommend litigation.
When you think about divorce, the first thing that comes to mind is probably a courtroom. There are suits on the bench, a robed judge keeping order with a gavel, furious cross-examinations, and trappings.
That, once again, provides for excellent entertainment. Courtroom dramas have long been a mainstay of the film and television industries. However, this is a recurrent divorce myth since many, if not most cases, never go to trial.
While it is advisable to keep the break friendly, this doesn’t mean you should seek the advice of a family lawyer. Attorneys should not engage in unnecessary fights on your behalf or encourage unnecessary arguments.