Divorce fact and fiction

| Aug 8, 2016 | Divorce |

Texas residents should understand true and false claims regarding divorce matters. There are many claims that are simply untrue, do not apply to the factors of a certain case or do not comply with a particular state’s law.

The necessity of a lawyer in regard to child support matters is one issue that requires clarification. The truth is that having an attorney’s legal advice is crucial to receiving a fair child support judgment. Every state has specific guidelines for calculating the correct amount of child support, and an attorney can provide insight that is invaluable to a client.

Another divorce misconception is that a settlement agreement that surrenders homeownership interest will remove a spouse’s obligation to the mortgage company. The reality is that it has no bearing on the debt owed to the lender. As a form of protection or insurance, the settlement agreement can stipulate exactly which spouse is responsible for the debt and provide a provision that allows for the reimbursement of payments the other spouse had to submit because the spouse who agreed to pay did not.

The belief that a spouse’s pension cannot be claimed by anyone is also false. There is a federal law that allows pensions to be claimed by others under certain situations. One of those situations is if a qualified domestic relations order by the court requires the pension to be part of a divorce settlement.

The benefits of shielding children from divorce have also been misconstrued. The truth is that a divorce can significantly alter a child’s life and requires at least a discussion with both parents.

An attorney may be able to provide helpful legal counsel during a divorce. This can help individuals avoid making decisions that might negatively affect the rest of their lives.