Wedding Rings, Judge Gavel and Couples Signing Divorce Papers

Common Misconceptions About Divorce & Family Law

Abrahamson Law Office  Aug. 23, 2023

Relationships and family dynamics can be hard to navigate and won’t always turn out how you expect or want. Sometimes, these issues will need to be handled in the courts, especially in cases involving divorce, child custody, child support, or alimony. However, because most of us don’t have direct experience handling legal concerns like this, there are several misconceptions circulating about family law that need to be dispelled.  

If you’d like to meet with a family law attorney and are in the Omaha, Nebraska, region, call us at Abrahamson Law Office. Our team is also happy to represent clients in the neighboring areas of Sarpy County, Douglas County, Washington County, Saunders County (Wahoo), Otoe County (Nebraska City), and Dodge County (Fremont). 

Misconceptions About Divorce & Family Law

If the other parent doesn’t pay child support, I can withhold visitation.

Although it may be tempting to withhold visitation from a co-parent who hasn’t paid their child support, you should never do this. Barring serious concerns over the health or safety of your child, you are not allowed to impose your own penalties on a court-ordered parenting plan. If you do, you could risk losing your own custody rights.  

It’s possible for one of the spouses to deny the divorce. 

Although a spouse can certainly delay a divorce from happening, they cannot stop it altogether. In short, no one can make you stay married to another person.  

If adultery was involved, the other spouse gets everything. 

One of the most common misconceptions about divorce is that one spouse can be “punished” in some way if the divorce occurred because of adultery. The fact is that the cause of a divorce is almost never considered for issues like dividing assets or establishing a child custody arrangement. 

The mother is always awarded primary custody of the children. 

When deciding custody, a judge will always consider the best interests of the child above all else, and in almost all cases, this means ensuring regular and meaningful contact with both parents. Both parents are treated equally, and the mother is never automatically given preferential treatment.  

You must get divorced in the state you got married in. 

This is incorrect. The only requirement for getting a divorce in Nebraska is that you or your spouse has been a resident of the state for at least one year, regardless of where the marriage initially took place. 

Alimony is a part of any divorce. 

Alimony is never automatically awarded but is reserved for cases where one spouse is significantly more financially stable than the other. In these instances, a judge may determine that the higher-earning spouse will pay temporary alimony to the other to help them reestablish their income. 

The children get to choose who they will live with. 

Although a judge may consider the wishes of older children when deciding which parent they live with, this will never be the only deciding factor. A judge considers several factors when determining custody and will always attempt to maintain meaningful relationships with both parents.  

How Legal Counsel Can Help

Although the legal paperwork and filing for most family law concerns can be handled by the individuals themselves, the vast majority of people choose to work with an attorney in some capacity. Whether it’s just for one or two consultations, or to have them represent you and negotiate on your behalf during your entirety a divorce, an experienced lawyer can ensure your best interests are being represented and that you fully understand how the choices you make now will affect your life down the road.  

You Deserve Clear Legal Answers

If you’d like to sit down with a family law attorney in Omaha, Nebraska, area, reach out to us at Abrahamson Law Office to schedule a consultation.