Journey Through Real Estate Law

If you are getting ready to go a divorce you might be wondering what to expect. There are certain things that couples might assume about the divorce that aren't true. Here are some misconceptions about divorce.

1. That You Will Get To Keep The House

In the majority of cases you will probably have to sell the house. For most couples their home is their biggest asset and where they have invested most of their money. So giving the house to one spouse, doesn't make sense, unless the estate is very large and one spouse takes the house while the other takes other valuable assets. But for the majority of people, they do not have a very large estate, so the house and the equity in the house is important to them. In most situations part of the divorce will be that you have to sell the house and split the equity that you get. Then each of you can have a clean and fresh start finding housing that is now in your budget as a single individual.

2. That You Can Get One Parent's Parental Rights Taken Away

Some people think that when they go through a divorce they can get their spouse's parental rights taken away during the divorce. This rarely happens. Usually you have to prove some sort of extenuating circumstances such as extreme abuse.

Instead, you usually wait for years and see if there are certain patterns of behavior from the parent. For instance, do they pay their child support? Have they been a part of the child's life? Has the abuse continued? And so forth. These types of questions will be helpful in determining parental rights. Additionally, the court won't remove the rights unless there is a reason. For example, you are trying to have your child adopted by their step-parent, or you are worried about the safety of your child if they were to be checked out of school by their parent and so forth. But even in these cases you have to prove that the situation was extreme or pressing before you could get the parental rights removed. So this is not something you should plan on when going through the divorce initially.

As you can see there might have been things that you thought about divorce that don't actually happen. So it is important to prepare ahead of time for what is most realistic. Contact a professional such as Scott Lyons Attorney at Law to learn more.