Pursuing a divorce can be emotionally and physically challenging for anyone, even if the split is amicable. Apart from the typical stress and anxiety brought on by the divorce, there are external factors such as family, friends, the media, and even television shows that can leave you with more questions. It’s essential to understand what is fact and what is simply a myth when it comes to a California divorce.
By not asking questions and dispelling myths, you risk ruining your chances of getting the settlement you want from your divorce. This article will explore some of the common divorce myths you may hear and present you with the facts.
Myth #1 — Fault Must Be Proven for a Divorce to Be Granted
Fact
California is considered a no-fault divorce state, meaning that either spouse can initiate the divorce process without requiring proof that the other spouse did something wrong. In other words, you don’t have to show evidence of infidelity, abuse, abandonment, or any other form of misconduct to file for divorce.
The most commonly cited legal reason is simply “irreconcilable differences,” a broad term referring to issues or conflicts that have caused the marriage to break down and cannot be resolved. This no-fault approach is designed to reduce hostility between parties and simplify the legal process.
It’s also worth emphasizing that a mutual agreement is not required to proceed with a divorce in California. While it can certainly make the process smoother and less contentious when both spouses are on the same page, one spouse cannot stop the divorce simply by refusing to participate or by disagreeing with the decision. As long as one party wants the marriage legally dissolved, the divorce can and will proceed under California law.
Myth #2 — All Property is Split 50/50
Fact
California is a community property state. This means that all marital property will be split equally (even if adultery was the cause of the divorce). So, regardless of who paid for it or who earned it, the proceeds will be split 50/50. There are some exceptions to this.
- Property Owned Before Marriage — Any assets or debts you had before you got married remain your separate property.
- Gifts and Inheritances — If you received a gift or inheritance, even during the marriage, it is considered separate property as long as it was kept separate from joint assets.
- Property Acquired After Separation — Anything you earn or acquire after the official date of separation is considered separate property.
- Personal Injury Awards — Compensation from a personal injury settlement is generally considered separate property, though some exceptions may apply depending on how the funds were used.
- Property Designated as Separate by Agreement — If you and your spouse signed a prenup or postnup that designates certain property as separate, it will generally be upheld.
An important thing to remember is that, even though these assets are exempt from property division, they can become partially or fully considered community property if they are commingled with marital property. For example, using separate funds to purchase a home that is titled in both names, or using joint funds to improve a separate asset.
Myth #3 — Fathers Have No Chance of Getting Custody of Children
Fact
Custody is not based on the parents’ gender, it is based on the child’s best interest. California courts will review certain factors to determine what is in the child’s best interest. These factors include:
- Child’s health, safety, and welfare
- Parental ability to provide a stable environment
- Child’s relationship with each parent
- History of abuse or neglect
- Parental cooperation and communication.
- Child’s preference (if age appropriate)
- Stability and continuity
- Each parent’s work schedule and availability
- Other relevant factors
Myth #4 — Spousal Support is Automatically Granted in All Divorces
Fact
While spousal support may be awarded, there is no guarantee that it will be. Factors such as the length of the marriage, the financial situation of each spouse, and their contributions to the marriage will be used to determine if and how much spousal support will be awarded.
Myth #5 — Your Divorce Will Be Granted After the Six-Month Waiting Period
Fact
California divorces require a six-month waiting period (California Family Code § 2339) before the court will issue a divorce decree. This gives the couple time to reflect on their decision, encourages them to reconcile, and ensures each party has sufficient time to respond to the divorce petition, negotiate terms, and gather the required financial and legal information.
Myth #6 — You Must File For Divorce in the County You Were Married In
Fact
While there are residency requirements for obtaining a divorce in California, you are not required to file for divorce in the county where you were married. Either party must have resided in the county where you’re filing for divorce for at least three months.
Myth #7 — Mediation is Your Best Option
Fact
A mediator is a neutral third party who works with you and your spouse to resolve issues during your divorce. The goal of mediation is to help finalize the divorce cost-effectively and efficiently.
However, if one party isn’t willing to cooperate, mediation will not be an option. Also, if a spouse has a history of substance abuse, anger management issues, or domestic violence, your best option would be litigation.
Don’t Let Myths Define Your Future — Turn to The Gorski Firm for the Support You Need in Your Divorce
Divorce is rarely straightforward, and navigating it through the haze of misinformation can make the process even harder. If you’re considering or going through a divorce, don’t let myths shape your expectations or decisions. Consult with an experienced California family law attorney who can help you understand your rights, protect your interests, and guide you through the process with clarity and confidence.
At The Gorski Firm, we understand how overwhelming divorce can be, especially when you’re bombarded with conflicting information. Our team is dedicated to cutting through the noise, providing you with honest legal guidance, and fiercely protecting your rights at every step. With decades of experience in California family law, we’re here to ensure your case is handled with clarity, compassion, and precision.
Contact us today for a consultation.
