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Divorce myths may lead to poor planning

On Behalf of | Jul 11, 2017 | Divorce, Firm News

Kentucky residents who want to get divorced might benefit from reviewing some of the common misconceptions about the process before they simply dive in. Experts say that many couples make mistakes due to their lack of understanding about how divorces work. For instance, some try to save money by getting a single lawyer to represent both spouses. In reality, however, such arrangements can end up with only one person receiving appropriate representation.

Other common errors include the idea that people’s pension benefits are automatically excluded from divorce settlements claims, but federal ERISA laws exempt these benefits from such protection in the case of divorces. Some people may try to relinquish their ownership interest in assets like homes to absolve themselves of liability and responsibility, but unless they create appropriate settlement agreements that detail the nature of such transfers and include indemnification terms, they may remain on the hook for outstanding debts.

Parents may mistakenly think that they should exclude their kids from the divorce process, but experts say that doing so could potentially increase the amount of stress that children experience. Couples should also avoid trying to navigate child support standards without assistance due to the complexity of how different jurisdictions determine obligations.

Those who separate from their spouses often desire clean breaks, but to ensure their divorces go smoothly, they need to plan ahead. Failing to anticipate the realities of responsibilities like child support payments could result in untenable financial situations that make life harder for parents and kids alike, and improper property divisions may fail to hold up as people’s needs and living situations evolve. Attorneys who have an understanding of divorce law might be able to help parents anticipate their future needs and craft separation agreements that are mutually beneficial.