Dec 22, 2019
Top family law attorney Daryl Weinman, founding partner at Weinman & Associates in Austin, TX, reveals the common myths about divorce and child custody. For more information please visit https://www.weinmanfamilylaw.com
Austin, TX , United States - December 23, 2019 /MM-REB/ —
In a recent interview, top family attorney Daryl Weinman, founding partner at Weinman & Associates in Austin, TX, debunked common myths about divorce and child custody.
For more information please visit https://www.weinmanfamilylaw.com
When asked for a comment, Weinman said, “There’s a lot of misinformation out there, particularly when it comes to divorce and child custody. It’s important that I clear up any possible misconceptions my client may have so they can have a simpler and quicker divorce and child custody process.”
One of the most common misconceptions that Weinman makes sure to talk to her clients about is that adultery is the main reason for divorce.
“There’s no doubt that infidelity in a marriage can wreak havoc, however, cheating is not the leading reason that leads to the dissolution of a marriage. First of all, cheating is generally a sign that the marriage already has some significant problems. Second, even if a spouse does step outside the marriage, many couples attempt to find a way to make it work.”
"What's lesser known is that the more common causes of divorce are money or communication problems within the marriage," she added.
If a marriage does end due to extramarital infidelity, then another widespread misconception is that cheating spouses will pay more when assets are divided.
When asked to elaborate, Weinman said, “Just because a spouse cheated doesn't mean that they will automatically have to agree to give up more assets during the divorce process. The partner that was cheated on must prove the unfaithful spouse was reckless about using and spending the common family assets in furtherance of the affair. There may be a minimal financial penalty, but it will not be substantial."
Weinman said that in her experience, many of her clients are also under the notion that judges will automatically hand the children over to the mother in a child custody case.
“It’s true that in the past, divorce courts historically tended to assign the mother as the primary caregiver when a couple separated. However, times have changed, and so have the courts. Divorce courts emphasize deciding on a case with the child's best interests in mind and to maintain the status quo for the child when it comes to which parent has been the primary caregiver," she said.
“Now that it’s common for both parents to work outside the house, it’s become the norm to award a relatively equal possession schedule. If a judge determines that it’s necessary, then they may award significantly more time with one parent over the other, but it is generally based on that family’s history and routine,” Weinman added.
When it comes to child custody cases, many people also incorrectly believe that visitation will be denied if one parent fails to meet child support payments.
“If one parent is unable to meet child custody payments, their visitation rights won’t be taken away from them. In fact, not allowing children to see a parent could have serious implications for the primary caregiver, such as losing custody of their children."
Name: Daryl Weinman
Email: Send Email
Organization: Weinman & Associates, P.C.
Address: 8200 N Mopac Expy #230, Austin, TX 78759, USA
Release ID: 88939810
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