Six Things You Shouldn't Assume About Family Law Attorneys

Posted on: 16 December 2022

Family law attorneys offer essential services to divorcing spouses. Hiring a family law attorney is especially important if you are embroiled in a custody case. Unfortunately, some divorcing spouses out there make incorrect assumptions regarding the services and abilities of family law attorneys. 

The following are six things you shouldn't assume about family law attorneys. 

Family law attorneys can't make a divorce happen in some cases.

Spouses who seek a divorce sometimes think that they can't get a divorce if their spouse doesn't agree. However, in most states, a family law attorney can eventually make a divorce happen even if one spouse doesn't agree.

Spouses may have to sue for divorce if their husband or wife doesn't want to divorce, but eventually, they can legally bring an end to their marriage with persistence and the services of an experienced family lawyer. 

Any criminal conviction will make it difficult for you to be granted custody of your children if you divorce.

Spouses who are going through a divorce and who have a criminal record are often terrified that they won't be able to enjoy any custody of their children.

While any criminal charges against you may complicate your child custody battle, minor charges that occurred a long time ago shouldn't generally create any problems for you if you're seeking either sole or joint custody. 

You don't have to pay any child support if you share custody with your ex-spouse.

If you make a lot more money than your ex-spouse, you're probably going to have to pay child support even if you share custody of your children. In fact, you might have to pay both child support and alimony if your salary is significantly higher than the salary of your ex-spouse. 

Family attorneys can't fight for equal division of property in a divorce if the property is in the name of one spouse.

In a divorce, it doesn't usually matter whose name property is under. Property acquired during a marriage is usually divided equally regardless of whose name it's under unless the issue is complicated by a prenuptial agreement. 

Your family law attorney will have trouble defending you in a divorce if you committed adultery.

Divorcing spouses who have committed adultery often worry that they'll be in a highly disadvantageous situation during their divorce because of their adultery. However, an experienced family law attorney can help prevent an instance of adultery from having an adverse effect on a divorcing spouse's outcome. 

Family law attorneys can't do anything to prevent a divorcing mother from being granted full custody.

Fathers who divorce often assume that there is nothing they can do to prevent their ex-wife from being granted full custody of their children. Yet family law attorneys can often achieve partial or even full custody of children for divorcing husbands. 

Contact a family law attorney to learn more.