Divorce is a topic that can be remarkably stressful and frightening for those that are facing the need to go through these legal proceedings. Sadly, there is misinformation surrounding divorcing that can cause a person to experience more stress than is necessary and this misinformation can also cause individuals to struggle to make informed decisions throughout this major proceeding.
Myth: A Divorce Always Result In Complicated And Contentious Legal Disputes
One prevalent misconception about divorce is that it will always result in the couple having to go through extremely contentious legal proceedings. While there are some couples that may be unfortunate enough to have a contentious divorce, there are many couples that are able to separate in a mature and focused way. An experienced attorney may be able to help you reduce the risk of getting dragged into these contentious legal battles by acting as an intermediary between you and your spouse. In the event that litigation is necessary to resolve the matter, your attorney will already be informed about the details of the case, which can help them to rapidly respond to these difficult situations.
Myth: Prenuptial Agreements Always Binding
A prenuptial agreement can be an effective strategy for protecting yourself against the worst outcomes of a divorce. This is due to the fact that the agreement will clearly outline the manner in which the assets of the marriage will be distributed if the marriage is ended. While these agreements are usually considered legally binding between the parties, there can be instances where the agreement is voided. For example, it is common for these agreements to outline infidelity as a potential cause for voiding the agreement. If you are under a prenuptial agreement, it is essential to speak with an experienced attorney to better understand the ways that it constrains your choices along with whether the agreement has been voided.
Myth: There Is No Harm In Sharing An Attorney During The Divorce Proceedings
Some married couples will attempt to share an attorney during their divorce. This can be done in an attempt to save money or streamline the process. However, this can prove to be a serious mistake as an attorney will be unable to fairly represent both sides of a dispute. This is particularly true if the attorney has an established relationship with one of the parties to the divorce proceeding. For this reason, you should always retain your own legal counsel throughout these matters to ensure your rights are being protected as variously as possible.
Contact an attorney like Carmen DiAmore-Siah Attorney At Law for more information.