Going through a divorce can get tricky very quickly especially if you don’t have a legal expert helping you along the way. Because of this, many misconceptions come with divorce due to the lack of knowledge. The experts at Arturo R. Alfonso, P.A. are here to make sure that you have all the information you need from out licenses divorce attorney Miami. We are proud to offer divorce lawyers in Miami free consultation.
Avoid The Myths!
Misinformation travels fast, especially when the ones spreading the information think they are informed. This is why you should leave the professionals to the advice. The best way you can be sure that those “helpful” tidbits of advice that you read are true is to consult with an experienced family lawyer. The last thing you want is to make crucial decisions based on information that is not correct.
Common Myths From a Divorce Attorney Miami
- You can deny your ex their visitation rights if they stop paying child support
- It might seem like a perfectly reasonable reaction – once the support payments stop you won’t let your ex see the children. However, the legal system views these as two separate issues, so you don’t have the right to deny your ex from their kids. The best thing to do in this case is to contact your lawyer and find out what you can do in order to rectify the situation.
- Getting caught in infidelity means you lose everything
- The legal system places a greater focus these days on the economics of divorce, including property division and distribution of other assets. If a partner manages to prove that their ex committed adultery it will not be considered a matter of judicial discretion that will influence the settlement or decision in the matter.
- If you leave your home you abandoned your rights to it
- As a spouse, you have an equal right to access a matrimonial home unless a Court Order is preventing you from doing so. Leaving the residence does not change this, nor does it prevent you from realizing the equity in the property. This is true regardless if your name is on the title or not. Having said that, you should speak to a lawyer before leaving the residence to ensure that you do not jeopardize your rights to access to the child.
- Mom automatically gets the kids
- It is true that historically, the mother gets child custody in divorce cases while the father pays child support, but it is far from a guarantee. Currently, there has been a shift in the Courts toward shared parenting. For younger children, especially a mother traditionally has a stronger role in supporting the child – but fathers are regularly granted frequent, even daily access, to young infants in order to bond with the child.
- Children choose which parent they will live with
- Courts take the best interests of the children into consideration when deciding which parent they will live with – and that might even go against the wishes of the children themselves! There isn’t a simple answer for who is likely to get custody or why – it depends so much on the circumstances of the divorce.
- Divorce requires a lengthy court battle
- The word “divorce” usually conjures up a mental image of two partners locked in a war of attrition, punctuated by barrages of insults and putdowns. In reality, many divorces today are settled peacefully out of court through mediation or collaboration. In this approach, both parties work together along with their lawyers to find mutually beneficial solutions.
- Everything is divided 50/50 in a divorce
- Divorce means all your assets get split right down the middle, right? Well, assets acquired during the marriage are given a value and divided, but that’s just the start of it. Depending on when assets and liabilities are acquired will have a significant impact on how they are divided. Likewise, how assets are acquired impact on how they are shared.
- All divorces end up in court
- Forget the lengthy and expensive court battles you see on TV or in movies. Forget the dramatic surprise witnesses and the unexpected stories from the witness stand. Many divorces are resolved without requiring a trial or a judge to intervene.
Call Our Divorce Lawyers in Miami Free Consultation
Be aware of the common divorce misconceptions. Arturo R. Alfonso, P.A., a divorce lawyer Miami, is still here to help. Call our divorce lawyers near me Miami today, and we will make sure we get your questions answered. When it comes to the best divorce lawyers near me, and in Miami, we have you covered. Check out our divorce lawyers in Miami free consultation.