For many people, going through a divorce can leave them confused. To make matters worse, many people have a few misconceptions about the process. Unfortunately, that can lead to unrealistic expectations, unnecessary stress, and potential legal complications. Let’s debunk some of those common myths about divorce in California so you will know the process and what to expect.

Myth: All Marital Property Is an Equal Split

Since California is a community property state, many believe all marital assets are automatically split evenly during a divorce. While California law requires the equal division of community property, that’s not really true. 

Community property includes assets and debts acquired during the marriage. However, not everything is subject to equal division. Some assets may be considered separate property, such as those acquired before the marriage or through inheritance or gifts. While the goal is to achieve an equitable division, many times, that does not always mean a 50/50 split.

Myth: Fault Is Needed to Get Divorced

Some people believe they need to prove that their spouse did something wrong to get a divorce in California. The Golden State is a no-fault divorce state. What does that mean? Neither spouse needs to prove wrongdoing to obtain a divorce. The only grounds for divorce in California are “irreconcilable differences” or “incurable insanity.” Under this system, there is no need to assign blame for the dissolution of the marriage. 

Myth: Spousal Support Is Automatically Awarded

Many assume one spouse will always receive spousal support (alimony) after a divorce. However, that is not true. Spousal support is not automatic. Whether or not it is awarded will depend on several factors, such as: 

• The length of the marriage
• The standard of living during the marriage
• Each spouse’s financial needs and abilities

Sometimes, temporary spousal support may be awarded to help with expenses throughout the divorce process. Keep in mind that long-term support is less common, especially in shorter marriages. If both spouses can support themselves financially, the court may decide that spousal support is unnecessary.

Myth: The Process Involves a Lengthy Court Battle

Many people think of divorce as a long, bitter court battle. However, the majority of divorces in California are resolved without going to trial. Couples can often reach agreements on issues like property division, child custody, and support through negotiation or meditation.  While some cases require litigation, especially in complex situations, most couples can avoid a lengthy court battle.

Myth: Mothers Are Always Awarded Custody of the Children

California courts do not favor one parent over the other based on gender. The court’s main consideration for custody is to make decisions based on the best interests of the child. The court evaluates several factors, such as:

• The child’s relationship with each parent
• The parent’s ability to care for the child
• Any history of domestic violence

Joint custody is common in California. Most of the time, the courts encourage both parents to be actively involved in their children’s lives.

Myth: You Don’t Need a Lawyer for a Divorce

Some people believe that they can handle their divorce without legal representation, especially if it seems straightforward. While you can go through the process without a lawyer, especially in uncontested cases, that is not always advisable. 

Divorce involves complex legal and financial issues. If you proceed without proper legal guidance, you could make mistakes that have long-lasting consequences. Even if you and your spouse agree on most issues, a lawyer can make sure that your rights are protected every step of the way. 

Get the Facts with the Help of a California Divorce Lawyer

Now that we have debunked these common myths about divorce in California, you can start the process with the right information. If you have questions, reach out to Roberts & Zatlin Law Office. Our team is here to assist with your divorce case. To schedule a consultation today and receive a free initial assessment of your case, please call (951) 381-8147 today.