The Truth - the Winning Argument for Your Case

20 Sep. 2016

4 Divorce Myths Busted

Posted By The Buncher Law Corporation

If you are considering filing for divorce, there is a chance you have heard many contradictory things about the legal process. In fact, some myths may have even prevented you from taking action. Regardless of where you are in the process, it is important to note that much of what you have heard may only be rumor.

Our Orange County divorce lawyers at The Buncher Law Corporation have busted four common divorce myths:

Myth 1: “The mother will automatically be awarded child custody.”

Some individuals believe that child custody is only awarded to the mother of a child. While this may have been the norm in past decades, divorce laws have since evolved and now reflect that mothers and fathers have the same child custody rights. When making a custody decision, the judge will consider the best interests of a child to determine how child custody should be shared.

Myth 2: “My ex-spouse will take me for all I have if I file for divorce.”

California is a “Community Property State,” meaning all property, as well as debt, that is acquired during the duration of the marriage is divided and distributed equitably in the event of a divorce. Property that may not be included in the division of the community estate includes any property that was owned by a spouse before marriage, any property that was obtained by a spouse after marriage and any property received by either party, at any time, via gift, descent, devise, or bequest, and some issues, rents, and profits of the property.

Myth 3: “Divorces are full of anger and fights.”

While some divorce cases result in hostility and resentment, many divorces are resolved in a cordial manner. In many cases, divorcing couples find it helpful to hire a skilled lawyer who can mediate the divorce process in order to minimize any unnecessary negative situations. In other cases, one party will retain counsel and the other will represent himself or herself. There are many options.

Myth 4: “I don’t need to hire a family law attorney.”

While hiring an attorney to guide you through the divorce process is not required, doing so is highly recommended. Because there are various factors that must be considered and decided, divorce cases can be extremely complicated. For this reason, it can be in your best interest to retain seasoned legal counsel to simplify the process as much as possible. A divorce lawyer can ensure your future, assets, and rights are safeguarded before, during, and after the process.

If you or considering filing for divorce, we encourage you to contact an Orange County divorce attorney at The Buncher Law Corporation right away! We have handled many cases similar to yours.

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