As things slowly get back to normal in many parts of the country, divorce proceedings will likely continue to charge forward at an increased rate. This is especially true as more and more courts open up. Given this, we at R & S Law Group, LLP decided to take this opportunity to tackle some top divorce myths, half-truths, and downright lies. 

Keep in mind that you can reach out to us directly for specific, guided legal advice. With that in mind, here’s a general overview of some of the top half-truths and myths that we often hear about divorce in CA.

Myth 1: Mothers Have an Advantage During Custody Proceedings

Many people carry the assumption that family law courts favor mothers over fathers by default, or perhaps via more subtle methods. In CA, this isn’t true. Even in cases where mothers do “win” the custody battle, these decisions are almost always based on the best interests of the child. The gender of either parent does not come into play and is not something that influences the decisions of the family law courts in CA.

Myth 2: If You’re Behind on Child Support, You Can’t Visit or See Your Child

When someone slips up on child support payments, the other parent is not allowed to withhold custody or visitation rights from the parent who has gone delinquent on his/her payments. Likewise, if someone is withholding visitation from a parent, he/she cannot penalize the other parent by failing to make required child support payments. 

Deliberate interference with custody/visitation rights and delinquent child support payments are both serious offenses that can be addressed via the family law courts. They must be dealt with separately, however, and parents should be careful to ensure that the line is not blurred.

Myth 3: Assets Are Always Split Down the Middle During Divorce

Another common misconception is that, during asset division, the courts simply give both parties an exactly equal distribution of shared assets. The key word however is equitable distribution. This means the courts try to be “fair” based on factors such as the wealth and earning potential of each spouse. This can mean that you might end up with a bigger piece of the pie both in terms of assets or debts, and vice-versa.

Remember that separate property, that is property which each person accumulated before the marriage, is not subject to asset division and both people get to keep whatever they had before the union was formalized.

Consult with a Family Law Attorney Today

It goes without saying but each divorce has its own nuances and complexities. While we sought to tackle some of the top myths about divorce, anyone dealing with these or other family issues should reach out to a qualified family law attorney as soon as possible.

Consult with a skilled and reputable attorney about your specific legal needs in CA. Call us at R & S Law Group, LLP today to book a free appointment. Reach out to us at (949) 825-5245 today.