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.