In family law, there are an abundance of myths and falsehoods that make the rounds periodically. In this post, we seek to debunk some of the more popular myths.
Myth: Divorce Lawyers are Unnecessary if You Have a Prenup
Prenuptial agreements certainly provide some guidance as to how property may be divided, however, that presumes the prenuptial agreement is legally binding. A divorce lawyer first reviews a prenuptial agreement to determine whether it is valid. Factors impacting validity include:
- Is it in writing?
- Is it signed by the parties?
- Was it executed freely and voluntarily?
- Are the terms unconscionable?
- Was full disclosure provided?
- Are the terms fair and equitable given the circumstances?
Even where a prenuptial agreement is valid, there are certain terms and conditions which cannot be dictated by a prenuptial agreement, including parenting time and child support, for more information on prenuptial agreements, see our previous post Understanding Prenuptial Agreements.
Myth: Parents Can Deny Visitation to Those Who Don’t Pay Child Support
Child support is ordered by the court. Visitation or parenting time is also ordered by the court. These two things are not linked. One is obligated to pay child support. One is also obligated to allow the other parent time with the child as ordered by the court. One cannot deny child support if the other parent doesn’t comply with the parenting time schedule. One cannot deny parenting time if the other parent doesn’t pay court ordered child support. This myth can actually get parents in trouble, if they act on the mistaken belief they can deny visitation or refuse to pay child support. Instead, if a party isn’t paying child support, or isn’t complying with the parenting time ordered, the remedy is to return to court, preferably with an experienced family law attorney.
Myth: Property is Divided 50/50 in Divorce Cases
In a divorce in Ohio, there are a number of things a court will consider when dividing assets and debts. While in some cases, the property is divided in half, this is not always the case. Furthermore, this is not what the law requires. Instead, the court is required to make decisions about property division that are fair and equitable, taking into consideration a number of different factors.
Myth: All Divorces are the Same
Some people enter into divorce proceedings with a frame of reference. Perhaps they have a friend or family member who has recently gotten a divorce. However, every case is different. Courts may not award custody or divide property in the same way from case to case. This is because every case comes to the court with a host of different factors and considerations.
If you are considering divorce, contact the and highly reputable and experienced family law attorney in Cincinnati OH, Zachary D. Smith, LLC. As an experienced divorce and family law attorney, Zachary Smith can successfully guide you through the process of divorce from start to finish. To schedule a consultation please contact ZDS Law at 513.275.1164 or visit www.ZDSLaw.com to learn more.