Regular readers of our Alpharetta Family Law Blog know that in a recent post, we dispelled some common myths about money and divorce. In this post, we’re going to take a look at a few more of these all-too-common fictions.
Here’s an urban legend about divorce and finances that gets around: to protect yourself, it’s crucial to fight over every item in a divorce. Most experienced family law attorneys will try to help you negotiate a fair property settlement so that you don’t have to engage in lengthy, expensive litigation. It is not always possible to avoid a fight in court, but that is typically the goal at the outset of divorce proceedings.
Another myth: it’s always better to settle your differences in divorce. This is the flip-side of the myth that it’s always better to fight in court over every disagreement in divorce. The reality is that both of these fictions are false. In some situations, you and your divorce lawyer will save time and money by negotiating and resolving differences outside of the courtroom.
But in some cases, your rights and interests are best protected in litigation.
Here’s another myth about money and divorce that is still passed around: If your former spouse does not pay child support, he or she doesn’t have to be allowed visitation. This claim might appear true and fair at first blush, but it’s not likely to be shared the court. A parent’s right to visitation is independent of child support payments.
However, if a parent fails to pay mandated child support, there are enforcement steps that the custodial parent can take. Parents being denied visitation can likewise discuss their options with a family law attorney and petition the court to issue a contempt order.
The best approach is to discuss your priorities in these matters with a trusted family law attorney who knows how to protect you, your family and your interests at every step of the legal process.