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In a recent interview, top family law attorney, Francis King, founder of the Law Offices of Francis King in Nashville, TN, revealed the most common misconceptions people have about divorce.For more information please visit http://franciskinglaw.com
When asked to comment, King said, “Many people receive divorce-related advice, much of which is well-intentioned, but incorrect. Be sure to consult with a legal professional who practices family law before proceeding with a divorce rather than basing life-altering decisions on misguided advice.”
One popular misconception is that both spouses must agree to a divorce for it to occur.
“In Tennessee, it is true that both spouses must agree if a divorce is to be granted on the ground of irreconcilable differences. But, if your spouse will not agree, there are numerous other grounds that may be available to you. The most common of those is ‘inappropriate marital conduct,’ which covers a vast multitude of possibilities,” King explained.
That said, one of the reasons a spouse might put off getting a divorce is due to the widespread notion that a marriage can only be dissolved as the result of a long courtroom battle.
“Many people are fearful of having to sit through a trial in a courtroom. What many fail to realize is that they won’t have to do that if they can reach a negotiated settlement, which can be achieved in most cases if the parties are willing to be rational and reasonable. Too many divorcing spouses let themselves be blinded by anger and hatred. I tell clients, ‘When you’re on your deathbed, looking back on your life, you probably won’t think that you wish you’d spent more time and money fighting with your ex-spouse.”
Another reason that couples put filing for divorce on the backburner is because they think that they can file for divorce only in the state in which they married. In Tennessee, for example, you can file for divorce once you have lived in the state for six consecutive months even if you married in another state.
When asked to explain further, King said, “While each state has requirements for residency before filing for divorce, many who wish to divorce meet these requirements. Each state differs, so make sure to contact an experienced legal counsel to learn more about local family law in your area.”
King also pointed out that many spouses who wish to divorce incorrectly assume that assets are for the taking in the case of infidelity.
“When it comes to determining how to divide up marital assets, infidelity is usually not a factor in the equation. However, if one party spent marital assets on the pursuit of an affair, then the fact that they engaged in infidelity might affect the judge’s decision on how the marital estate is to be divided,” he said.
Another common divorce myth is that children have the right to decide whom they want to reside with after the divorce is finalized.
“Let’s say that you and your ex fail to come to a compromise over child custody arrangements. In this case, a judge is the person who decides, not your children. The judge will use the facts presented in the divorce proceedings to make custody arrangements that benefit the children," he commented. “In Tennessee, if a child is 12 years of age or older, the judge may give some consideration to the child’s preference, but that is only one of many factors,” King added.
The bottom line is that there is a lot of misinformation out there, so it is always best to seek competent, professional advice when contemplating divorce.
Source: http://RecommendedExperts.biz
Contact Info:
Name: Francis King
Email: Send Email
Organization: Law Offices of Francis King
Address: 4235 Hillsboro Pike #300 Nashville, TN 37215 USA
Phone: 615-385-7654
Website: http://franciskinglaw.com
Source URL: http://RecommendedExperts.biz
Release ID: 453561
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