4 Myths About Divorce in California

By Gerald A. Maggio, Esq.

divorce mediators in Orange County; California Divorce MediatorsMost of the people who are going through a divorce are gripped by a plethora of misconceived notions about the various legal aspects of the litigation. One of the primary reasons for such disbelief is an inadequate understanding of your state laws. Here we are sharing with you some of the common myths regarding divorce in California.

Myth #1:  Committing adultery means you will lose everything

Considering the fact that California is a no-fault state, an individual is not required to prove that his/her spouse’s infidelity is to be blamed for the separation, the courts in the state do not accept infidelity as an influential factor in deciding the property division, custody or visitation-related settlements. In other words, being unfaithful to your partner will not mean that you will end up losing all your assets, and even your kids in a divorce.  Also if the reverse is true, it will be a waste of time to try and prove in the court of law that you partner has committed adultery, since it will not really affect the outcome of the litigation.

Myth #2:  The spouse who has the mortgage in their name gets to keep the house

Regardless of whether the house is in your name or your spouse’s, if both of you have been financially contributing towards the mortgage payments during the marriage, the house will be considered as marital property eligible for equal distribution in the event of a divorce. Similarly, if there is any other possession that you own, and was maintained by a financial contribution from your spouse as well, the item will be considered a marital asset and will be liable to division in a divorce.

Myth #3:  A spouse can deny his or her partner divorce

Although, until a few decades back a partner could disagree with their spouse’s divorce petition and drag on a loveless marriage for years on end, the same is not the case anymore. Being a no-fault state, California allows an individual to obtain a divorce, regardless of whether his or her spouse accepts it or not. It is a legal way of saying that a person does not need to stay in a marriage if he or she does not want to.

Myth #4:  You are required to get a divorce attorney

One of the most common of all myths surrounding a divorce is that you must retain a lawyer to battle your case against your spouse. Despite the fact that this is absolutely untrue and you can fight your divorce by yourself, it is advisable to consult a legal professional or use a divorce mediator if you and your spouse are amicable.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation