On behalf of Stange Law Firm, PC posted in divorce on Monday, August 8, 2016.
Missouri residents who are considering getting a divorce should be aware of that much of the conventional wisdom offered about the process may not be true. It is important to know the facts in order to make informed decisions.
One common misconception is that an attorney is not necessary to calculate child support. The truth is that determining the correct amount of child support can be complicated. Guidelines vary, and an attorney who practices family law may know certain exceptions a client may qualify for that can prevent unfair judgments.
Being able to have one attorney to represent both parties of is also a common mistruth. Attorneys can represent only one spouse during a divorce. The other spouse may opt for self-representation or hire his or her own attorney.
The details surrounding no-fault divorces can be misconstrued as well. No-fault divorce laws, that every state now has, allow couples to divorce even if neither party has participated in misbehavior. Some may assume that this implies that a judge is prevented from considering any misconduct of a spouse. In fact, many states allow the judges to consider the reason for the dissolution of a marriage. When determining spousal support, judges may factor in suspect behavior, such as the hiding of marital assets or an extramarital affair in which there was a transfer of money to another party.
Making life-changing decisions based on commonly believed divorce misconceptions can have undesirable results. A family law attorney may provide valuable legal counsel during settlement negotiations to ensure that clients achieve the outcome they want.