Leading family law attorney Francis King, founding partner of the Law Offices of Francis King in Nashville, TN, unveiled some of the top myths and misconceptions he sees surrounding divorce. For more information please visit https://franciskinglaw.com
Nashville, TN, United States - January 27, 2020 /MM-REB/ —
In a recent interview, leading family law attorney Francis King, founding partner of the Law Offices of Francis King in Nashville, TN, unveiled the top myths and misconceptions he sees surrounding divorce.
For more information please visit https://franciskinglaw.com/
When asked to comment, King said, "Several divorce myths in American culture today are prevalent largely due to TV series and movies that have overdramatized the process. If you've never ended a marriage before, here are some of the main myths I think people should be aware of."
One misconception that many of King's clients have is that spouses must get a divorce in the same state in which they married.
"It's entirely possible to wed in one state and to file for divorce in another. The only thing is that you are required to meet the residency requirements for the state where you presently reside – once you've done that, then you are free to file there. In Tennessee, for example,, the requirement for residency is a minimum of six months,," he said.
When it comes to child custody, King finds the majority of parents involved in custody suits wrongly assume that judges always award primary child custody to the mother.
When asked to elaborate, King said, “It is true that, in the past, courts tended to make mothers the primary caregivers in child custody cases, particularly for younger children. However, this is simply no longer the case. Now, judges presiding over a child custody suit, in Tennessee, must take a gender neutral approach, and formulate a parenting plan that they deem is in the children’s best interests. It is now not unusual for a father to be awarded primary custody.”
Many of the prospective clients who come to see King for a consultation incorrectly think that children who are 12 years or older get to choose which parent to live with after a divorce
“Any judge deciding a child custody suit will look at a variety of factors before reaching a decision. Only one of those factors is which parent a child would like to live with – but the child must be at least 12 years of age to have his or her preference considered, and that is by no means decisive or binding on the court.”
Another common myth is that most divorces require a full blown trial in front of a judge.
When asked to comment, King said, "Resolving a divorce through a long, drawn-out courtroom trial is a popular idea that many Americans have about divorce. While you'll need to file court papers to get legally divorced, the vast majority of cases can, and should, be resolved pursuant to a negotiated settlement that the court will usually approve,” he added.
King often explains to his clients that the notion that unfaithful spouses will lose all their rights is another widespread myth.
“Most people who have stepped outside their marriage are extremely concerned that they will have to hand everything over in a divorce, including their home and children. It’s important to note here that you cannot lose everything simply due to adultery,” he said.” In fact,” King added, “In Tennessee, by statute, who is at fault for the demise of the marriage is not to be considered by the court when it decides how to divide up marital property.”
Name: Francis King
Email: Send Email
Organization: Law Offices of Francis King
Address: 4235 Hillsboro Pike #300 Nashville, TN 37215 USA
Release ID: 88943040
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