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Whether it’s a lack of knowledge or wishful thinking, people pass along numerous myths concerning divorce. Lawyers often hear incorrect statements about grounds for splitting up, child custody, and child support. If you’re considering separating from your spouse, it’s important to know which misconceptions you shouldn’t believe.

 3 Top Divorce Myths & the Truth

Myth #1: A person can prevent their spouse from obtaining a divorce.

“No fault” divorce laws allow one spouse to file without proving the other did anything wrong. In Ohio, couples can end marriages via divorce or dissolution by stating they are incompatible and showing they have been not been living together for at least a year. 

Uncooperative spouses can prevent attorneys from negotiating settlement agreements for dissolution. However, they cannot stop courts from deciding issues such as property division and child custody and granting final divorce decrees.

Myth #2: In custody disputes, mothers get the children automatically.

divorceWhen divorcing parents can’t agree on custody, courts make decisions based on what is in the best interests of the child. While the ruling may give the mother primary legal and physical custody, it does not happen all the time, and it is not automatic. Many judges today focusing on creating joint legal and physical custody arrangements unless one parent is not fit to take care of the kids.

Myth #3: If the non-custodial parent doesn’t pay child support, the other can deny visitation.

Parents with custody of their children cannot deny their ex access to the kids solely due to a failure to pay child support. The law treats support and visitation as unrelated issues. Courts may take action against parents who withhold visitation, even if their ex-spouses are delinquent in regards to child support payments.

 

At The Law Offices of Katzman, Logan, Halper and Bennett, LPA in Cincinnati, OH, dedicated attorneys offer individuals experienced counsel and representation in dissolution and divorce cases throughout the area. Whether you need pre-divorce estate planning, require an agreement to be drafted for dissolution, or are facing a child custody battle, you can depend on their strong and effective advocacy. To learn more, contact these seasoned lawyers now. Call (513) 793-4400 to schedule your appointment, and keep up with them on Facebook or Google+.

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