Phoenix, AZ- When a couple ties the knot the last thing they are thinking about is getting a divorce, though for some couples it is an inevitability. It would be great if we lived in a world were couples lived in wedded bliss for the rest of their lives but unfortunately we don’t. Though there is some question about the validity of the oft repeated statistic that half of all marriages, the fact is that many marriages won’t last indefinitely. And when a couple decides to divorce they may have many misconceptions. Here we will discuss three of the
Alimony is Always Awarded to the Ex-wife:
There are a many misconceptions about alimony but two of the most common are the belief that all ex-wives are awarded alimony and it is only the man who must pay. Alimony can be paid over a long period of time or in one lump sum depending on the terms of the divorce settlement and any spouse can be ordered to pay.
One spouse may be awarded alimony if they are unable to support themselves and their children once a marriage is has been dissolved. It is intended to help a spouse maintain their standard of living once a divorce is final and is typically awarded when a spouse, male or female, doesn’t work outside the home and has no means to support themselves. But not all wives receive alimony.
Because more and more fathers are staying at home with the children while their wives work women are often ordered to pay alimony. A recent survey by the Matrimonial Attorneys of America found that 47 percent of its members, who are family law and divorce attorneys, saw an increase in the number of women who pay alimony or child support to their ex-husbands.
Also, if the marriage was short alimony is less likely because courts reason if the marriage was short it’s not probable that one spouse has become financially dependent on the other.
The Mother Almost Always gets Custody Children:
While its true women are awarded custody of children more frequently than men, it’s not a given. Courts must consider what is in the best interest of the child or children and in some cases a judge may find that a mother does not meet the standard for being a fit parent. If so, the court will award primary custody to the father. Even if a mother is awarded primary custody, the courts prefer a child gets equal time with both parents.
Divorce Settlements can be Renegotiated:
Sometimes couples are in such a hurry to have their divorce settled they quickly agree to a settlement thinking they can have it renegotiated at a later date. Divorce settlements can be reopened is divorce attorney suspect fraud or other misconduct or an overlooked asset, a request to review a settlement because one person has decided they are unhappy with it or their circumstances have changed will almost always be unsuccessful. The key is to carefully examine the terms of a settlement before it is signed off on.