Two Family Law Myths

18 March 2016 by Jonathan Phillips

Marriage can be a wonderful union between loving people, but it is a sad reality that many marriages will end in divorce. When faced with a divorce, it is critical to be as informed as possible about these proceedings. More precisely, it is important for you to be aware of the realities that are behind a couple of the more common misconceptions that you may believe.

Myth: Teens Can Choose Which Parent Has Custody

Issues pertaining to the custody of children can be among the more emotional and bitter points of contention in a divorce. Unfortunately, there are some parents that may not fully understand how the courts will decide which spouse receives custody of the children. For example, it is common for some people to assume that teenagers will be able to choose which parent they stay with.

However, this is not entirely true, and while the courts may choose to consider the wishes of the children, they are not bound by this consideration. In other words, the courts will still attempt to provide the child with the best possible environment. Therefore, you should expect to have your financial, work and criminal histories reviewed by the court to make this decision.  

Myth: A Prenuptial Agreement Cannot Be Contested

Prenuptial agreements can be extremely valuable in protecting one's assets from being taken in a divorce. Typically, these agreements will outline the possessions and assets that will be considered protected. Additionally, it will outline the compensation that the other spouse will receive in the event of a divorce. These agreements can help to minimize the risk of asset loss during divorce proceeds, but some people make the assumption that these agreements cannot be broken.

Many prenuptial agreements will outline the possible reasons that would void the agreement. Often, this will include things such as adultery and domestic violence. As a result, if you are able to prove that your spouse engaged in these activities, you may find that it is possible to have the prenuptial agreement voided by the courts, which may allow you to receive more assets from the marriage.

There are few experiences that can be more difficult to go through than divorcing from your spouse. To reduce stress and uncertainty, it is important to understand that the courts do not have to consider the wishes of the child in custody matters and that prenuptial agreements can be avoided. Having this knowledge will help you to better anticipate what your divorce will entail. For further assistance in your divorce, contact a family lawyer like Susan M Caplin.

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