Those divorcing for the first time often rely on stories from friends or family to get an idea of what you can expect. While those close to you may mean well, they could inadvertently pass on untruths.
While many elements of divorce are similar from region to region, all states have unique family laws. If you are divorcing for the first time, it is vital to know facts, not rumors or untruths. Toward that end, here are three myths to unlearn during your California divorce.
Only judges can divide marital property
California’s community property laws mean marital assets and debts are divided equally between spouses. However, couples may create their own property agreement, which need not be entirely 50/50. Unless it is grossly unfair to one party, the judge may approve your custom property settlement.
Adultery matters in a divorce
Many states allow petitioners to cite marital infidelity as grounds for a divorce, but California is not one of these states. The two divorce grounds recognized here are irreconcilable differences and permanent decision-making legal incapacity. Issues of adultery are unlikely to make a difference in the outcome of your divorce.
Spousal support is almost guaranteed
Historically, women often received alimony because many served as career homemakers and had limited training and education. Today, more women have careers outside the home and do not need support. You must demonstrate a true need for alimony in the modern world, and men have the same chance as women to obtain an award.
Divorce is a complicated affair in the 21st century. An ideal way to protect your rights and get a fair divorce is with experienced legal guidance.