If you are considering a divorce, you will likely receive advice from family, friends, and other sources. However, unless one of those sources is a practicing Murrieta divorce attorney, there is a chance that the information you receive is a myth. Many people hear things from someone who heard from someone else, and then, much like a giant game of telephone, by the time it gets to you, it’s a far cry from the actual truth. On this blog, we set the record straight on several common divorce myths that we hear about.
“My spouse cheated on me. I’m going to get everything.”
California is considered a “no-fault” state, which means that a divorce is more so a dissolution of an economic unit. This means that conduct such as infidelity does not play a role in provisions such as property distribution or spousal support.
“The mother always gets custody of the children.”
This may have been true in years past, but the laws state that judges are required to consider both spouses on an equal footing during child custody litigation. Instead, the courts consider a number of other factors when making their decision, including the stability of each home, each parent’s income and earning potential, any history of drug or alcohol use, and much more. As a result, fathers can also receive full custody. However, full custody is generally rare, as the courts try to keep both parents involved with the lives of their children.
“Divorces are long, expensive, and require a lot of courtroom litigation.”
If you and your spouse cannot get along for any reason and will be at each other’s throats for the entire duration of your case, then yes, this one is true. However, if you’re like most couples and actually want to create a better future for yourself and your family through your divorce, then you may be able to benefit from negotiation outside of the courtroom. In fact, if you and your spouse can create a fair and equitable agreement without the court’s help, then you may be able to file for an uncontested divorce, which can save you a lot of time and harbored resentment.
“Alimony payments will bankrupt me and ruin my future.”
Many people are surprised to learn they may not even have to pay alimony after their divorce. Shorter divorces where both spouses can earn a substantial sum rarely even are given an alimony payment award. Likewise, the courts take into consideration both spouses’ incomes and expenses when making their decisions. If one spouse is ordered to pay child support, and that amount alone makes it difficult for them to live, then they will likely have their alimony order reduced or even nullified.
“My divorce order is permanent.”
Not happy with how a decision went? You can appeal your divorce ruling if you and your attorney believe that your judge made a mistake during their deliberation and ruled erroneously. If substantial time has passed since your divorce and the agreement is no longer fair for your circumstances, you may petition the court for a modification to the agreement in order to change things to keep them fair.
If you need help with your divorce, Singleton Smith Law Offices, Inc. can provide you with top-quality counsel through every step of the process. We have extensive experience in all types of family law matters, including child custody, property division, spousal support, marital dissolution, and much more. Our team is dedicated to helping people through all of their difficult family law issues through compassionate counsel and assertive representation that protects your rights and impacts your life for the better.
Seek dedicated counsel for your case now! Call Singleton Smith Law Offices, Inc. today at 800.640.7045 for a free consultation.