Common myths about divorce

Rhode Island couples who are getting a divorce may receive advice from others, but that advice might not be based on facts. For example, it is not possible for both parties to be represented by the same attorney. Another possible misconception is that a person's pension is protected. Divorce is one of the exceptions, and it may be divided even if only one person has worked outside the home.

While it is possible to look up state child support guidelines, a person should not make the mistake of thinking these are easily calculated. There may be varying ways of determining income, and a number of other factors might be considered as well. Another common mistake people might make is thinking that the spouse who gives up ownership of the home is no longer liable for the mortgage. Lenders are not parties to divorce settlement agreements, and the loan will need to be refinanced in the sole name of the party who is keeping the home.

Parents should make sure that their efforts to protect their children from the divorce do not result in hiding information. Children need to be shielded from conflict, but they should be given the opportunity to ask questions and talk about the divorce as they need to.

A person might also think that a divorce means an unpleasant court hearing, but it is also possible to negotiate property division, child support and other aspects of divorce with the help of an attorney. A judge can then review the agreement to ensure that it is compliant with state law.

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Nicholas J. Hemond Attorney at Law
1 Turks Head Place, 12th Floor
Providence, RI 02903

Phone: 401-648-6509
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