Perhaps it’s because divorces are so unique and such emotional events that myths about divorce are created. What happens in one instance gets shared with a group of people. Suddenly, the results of one divorce become the predicted results for all divorces. Below are the top five California divorce myths.
Myth #1: Courts Favor Moms
This is false. It’s illegal for California courts to have a preference for one parent over the other. In fact, the state of California strongly believes that having a relationship with both parents is in the best interest of the child. When judges decide on custody arrangements, they consider this in addition to the health, safety, and welfare of the child.
Myth #2: Involving Lawyers Will Make Your Divorce Harder
This is false. Sometimes when people decide to file for divorce, they are hesitant to involve a lawyer. Maybe they believe that hiring a lawyer may indicate maliciousness or aggression that isn’t present. Perhaps they believe that the news that they have hired a lawyer may bring on anger and resentment from their spouse. Whatever the reason, involving a lawyer will not make your divorce harder.
Quite the opposite is true. By involving a lawyer, you are certain that someone can help you stand up for your rights and receive your fair share. An experienced lawyer has handled many divorces and knows what questions to ask and what assets should be divided. If you don’t have any experience with divorce, it’s best to leave this to the professionals.
Myth #3: A Judge Can Deny Your Divorce Request
This is false. A judge cannot deny your divorce request. For that matter, neither can your spouse. Basically, if you want to get a divorce, you will get a divorce. With an unwilling party, your divorce may take longer, but it will still happen eventually.
Myth #4: If You Commit Adultery, You Lose Everything
This is false. In California, courts are not supposed to consider infidelity or any other faults when granting a divorce. The only time they might take infidelity into consideration is if they believe that there was a financial impact from your affair that might impact your spouse. For example, if you amassed a large credit card bill with gifts to your honey and you used your spouse’s or a joint credit card, the court would take this into consideration when deciding who should pay off this debt.
Myth #5: Most Contested Divorces End Up in Court
This is false. Actually, very few contested divorces are finalized in court. Most of them are handled by your lawyers outside of the courtroom. This is very beneficial because you don’t want your divorce to go to court. Having a judge settle your divorce means that it will take longer and cost more money. Instead, you want to have a highly skilled lawyer who is excellent at negotiating and defending your rights.
Finding a Lawyer
With so many family law attorneys in California, it can be difficult to know who to choose. This is why it’s so important to interview several lawyers before you actually commit and hire one. At the Law Offices of Kayleene H. Writer, PLC, we are passionate about helping people while they are going through their difficult family law situations. We would love to talk to you about how we can help with your divorce. Just contact us online or give us a call today at (949) 353-6151.