On behalf of Stange Law Firm, PC posted in divorce on Thursday, July 13, 2017.
Missouri couples who are going through a divorce might be offered advice from friends, acquaintances and family, but that advice might not always be accurate. For example, they may hear that it is possible to save money by having both of them use the same attorney, but that presents a conflict of interest and is an ethical violation.
Another misconception is that marital misconduct will be irrelevant in a no-fault divorce. Cheating by one party, however, might still affect division of assets or other aspects of the divorce. Others may think that since state child support guidelines are widely available, it is easy to calculate child support, but this may not be the case. How income is determined may be complex, and other factors might be considered as well.
If one person keeps the home, the other person might still be responsible for the mortgage unless it is refinanced, as lenders are not bound by the terms of a divorce settlement agreement. Pensions are not protected in a divorce although a document known as a qualified domestic relations order may be necessary in order to divide it. Parents should not mistake trying to protect their children in a divorce for shutting down any talk about the process. Children should be able to ask questions and get needed information.
An attorney might be able to clear up some misconceptions for a person considering divorce or suggest options for property division and child custody. For example, all assets might not necessarily be split 50/50. A couple might agree that one will keep one asset while the other keeps one of roughly equal worth. Litigation is not always necessary in a divorce, and couples may be able to reach an agreement outside of court.
