At the Land Legal Group, our Los Angeles divorce attorneys know that pursuing a divorce is a physically and emotionally trying time for anyone — even when California spouses agree it is time to go their separate ways.
Outside of the stress and anxiety divorce stirs on its own, there are multiple external factors — like friends, family, media reports, and even television shows — that leave divorcing couples with more questions than answers.
We know this is a frightening time that is often made worse by the horror stories people cannot wait to share about their divorce experience. Here, our Los Angeles family law attorneys separate divorce fact from fiction.
Myth: One spouse must be at fault for the marriage’s dissolution.
Reality: California is a no-fault divorce state, meaning spouses can file for divorce without providing evidence of wrongdoing or assigning blame. Irreconcilable differences are generally sufficient grounds for divorce. In addition, both spouses do not have to agree on the divorce. While it may complicate the process, getting a divorce in California is possible even if your spouse disagrees.
Myth: Mothers always get custody of the children.
Reality: Gender has nothing to do with parenting roles or how custody is decided. California family courts make custody decisions based on the child’s best interests. The courts strive to ensure that custody decisions are fair and in the child’s best interests, considering factors like the parents’ ability to provide a stable environment.
Myth: Property is always divided 50/50.
Reality: California follows the principle of community property, which generally means that marital property is divided equally. Both spouses own community property equally, regardless of who earned or spent the income. If a couple divorces, all community property must be split evenly. However, gifts and inheritances are separate property not owned by both spouses.
Myth: Spousal support is automatic in every divorce.
Reality: While spousal support may sometimes be awarded, it is not automatic. The court considers factors like the length of the marriage, each spouse’s financial situation, and their contributions to the marriage when deciding whether to award alimony and in what amount.
Myth: You can only file for divorce in the county where you were married.
Reality: You can file for divorce in the California county where you or your spouse has resided for at least three months, regardless of where the marriage occurred.
Contact Our Skilled Family Law Attorneys at Land Legal Group Today
If you have questions about your California divorce and are unsure whether what you’ve heard about the process is fact or fiction, we can help. Contact our team of skilled family law attorneys in Los Angeles at the Land Legal Group by calling (310) 552-3500 today.