California divorce proceedings are often surrounded by misconceptions. As experts in family law, we at Legal Cali believe it’s crucial to dispel these myths and provide accurate information. Let’s examine and debunk seven common myths about California divorce.

Myth 1: All assets are split 50/50. While California is a community property state, this doesn’t mean all assets are automatically divided equally. The court considers various factors when determining property division in a California divorce, including each spouse’s financial situation, the length of the marriage, and any prenuptial agreements. Some assets acquired before the marriage or through inheritance may be considered separate property and not subject to division.

Myth 2: You must prove fault to get a California divorce. California is a no-fault divorce state, which means you don’t need to prove wrongdoing by either party to end your marriage. In a divorce, you can simply cite “irreconcilable differences” as the reason for the dissolution. This approach often reduces conflict and simplifies the divorce process.

Myth 3: Mothers always get custody of the children in a divorce. This is a persistent myth that has no basis in California law. In a California divorce, the court’s primary concern is the best interests of the child. Both parents have equal rights to custody, and decisions are based on factors such as each parent’s relationship with the child, their ability to provide care, and the child’s preferences (if they’re old enough to express them).

Myth 4: You can deny visitation if your ex doesn’t pay child support. In a divorce, child support and visitation are separate issues. It’s illegal to withhold visitation because of unpaid child support. If your ex isn’t paying court-ordered support, you should seek enforcement through legal channels rather than denying visitation, which could harm your own legal standing.

Myth 5: A divorce always involves a lengthy court battle. While some cases do end up in court, many are resolved through negotiation, mediation, or collaborative divorce processes. These alternative methods can often be faster, less expensive, and less stressful than litigation. Even in a California divorce that goes to court, many issues can be settled outside the courtroom.

Myth 6: Alimony is always awarded. Spousal support, or alimony, is not automatic in a California divorce. The court considers numerous factors when deciding whether to award alimony, including the length of the marriage, each spouse’s earning capacity, and the standard of living established during the marriage. In some California divorce cases, alimony may be temporary or not awarded at all.

Myth 7: You don’t need a lawyer for a California divorce. While it’s possible to handle a divorce without legal representation, it’s often not advisable, especially in complex cases. A skilled California divorce attorney can help protect your rights, navigate complicated legal procedures, and often save you money in the long run by ensuring a fair settlement.

Understanding the realities of California divorce law is essential for anyone considering or going through the process. At Legal Cali, we’re committed to providing clear, accurate information and skilled representation to guide you through your case with confidence and clarity.