Pursuing a divorce is a major decision that can have life-altering consequences. Even at the best of times, the divorce process can be trying for all parties involved. This is especially the case when delegating financial obligations, separating property and dealing with child custody.
As a result, it is important to separate the myths from reality when it comes to the divorce procedure. Outlined below are 3 of the most common myths regarding divorce in Tennessee.
1. Custody is always awarded to the mother
It is commonly believed that custody is granted to the mother when disputes arise over children. However, this is not always the case. Custody may be awarded to either the father or mother, depending on what is in the best interests of the child.
The judge will tend to carefully consider factors such as living arrangements, work commitments and the lifestyle of each parent, before reaching a conclusion.
2. Visitation can be withheld if child support is not paid
In Tennessee, child support and child custody are treated as completely separate legal issues. Parents are often given the impression that they have a legal right to withhold visitation in the event of support not being paid. However, this is not the case and it is for the courts to decide the penalties when a parent is refusing to pay child support.
3. Being separated means you are free to see other people
Dating other people before a divorce has been finalized will likely be seen as inappropriate marital conduct by the courts. Crucially, this will probably be the case no matter how long you have been separated. It could be more beneficial to your case to wait until the divorce process has concluded — particularly if you have a custody battle happening.
Separating misconceptions from reality could be in your best interests, and it is always important to remember that you have legal rights and protections.