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Divorce myths can mislead separating spouses

Sometimes, it seems to estranged Kentucky couples that everyone has gone through a divorce. While this can help them receive a sympathetic ear, it can also lead to a surfeit of incorrect legal advice from well-intentioned, yet ill-informed, friends and family members.

For example, when a divorce is amicable and the two spouses have agreed on most aspects of their split, some may think that both spouses can share one lawyer in order to save money. While people can represent themselves while the other hires a lawyer, each lawyer can only represent one party in a divorce. Even in an amicable divorce, representing both parties in a divorce is a conflict of interest.

No-fault divorce laws mean that people can end their marriages without needing to prove fault or misconduct by either party. However, this does not mean that egregious marital misconduct like infidelity or addictive behaviors cannot be considered in matters like spousal support.

In terms of child support, most states post their standard guidelines on their websites. However, while these can be helpful in understanding obligations generally, each case is unique. Calculations can involve not only income, but also health insurance, child care and employment benefits. Exceptions to the guidelines are also authorized in many cases to avoid injustice.

Anyone considering a divorce would be well advised to avoid some of these common divorce mythologies and gain a greater understanding of the relevant law by speaking with a family law attorney. Having the assistance of experienced counsel can be advisable when attempting to negotiate a comprehensive settlement agreement.

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