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Misconceptions can lead to poor decisions in divorce cases

On Behalf of | Jul 14, 2017 | Divorce

Texas couples who are ending their marriages often need to make a number of important decisions, and making a poor choice can sometimes cast a long shadow. Spouses in need of direction often turn to close friends or family members or acquaintances who have been through a divorce themselves, but the advice they are given is often based on poor information, misunderstandings or misconceptions.

Divorcing parents are sometimes told not to waste their time with child support negotiations because these awards are based on rigid state rules, but judges can choose to stray beyond these guidelines when strict adherence would be unfair or not in the best interests of the child. Spouses are sometimes surprised when evidence of their infidelity or other misconduct is introduced during child custody or spousal support hearings. This is because it is a common misconception that no-fault divorce laws render marital misconduct inconsequential, but that is not the case.

Many people believe that a properly executed divorce settlement agreement is legally binding in all situations, but lenders pay them little heed if a loan secured by property is not being paid in a timely manner. Spouses who wish to avoid being pursued by lenders should insist that mortgages are paid off or an indemnification clause is signed before ceding real estate in property division talks.

Experienced family law attorneys will likely have encountered clients who made poor decisions because they believed things that later proved to be untrue. Attorneys may address common divorce misconceptions during initial consultations to ensure that future discussions are based on sound legal and financial information, and they could also urge their clients to be wary of advice from well-meaning but misinformed friends and family members.