7 Myths About Divorce In California

There are various myths about divorce in California that as a resident you need to know. You need to be able to separate the myths from the facts if you really want to stay on the safe side and not be misled by wrong information. Well, the following are 7 myths about divorce in California:

  1. MYTH – Couples who cohabitate for six years are more or less seen as married according to the law.

FACT – “Common Law” marriage is not recognized in the state of California. However, if you come from a state that accepts this kind of marriage and moved to California then in this case the “common law” marriage is recognized. Otherwise, you are only entitled to spousal support if you are in a valid state registered Domestic Partnership or legally married.

  1. MYTH – Inheritances are split when couples get divorced.

FACT – The partner who has been assigned the inheritance gets to keep all of it once divorced except in special scenarios. However, the inheritance may be considered when determining the amount of spousal support.

  1. MYTH – Divorces become effective 6 months after they are filed.

FACT – Six months is the minimum period divorce can be finalized and only when the petition has been filed and served on the other partner. But, divorce judgments may take longer and can be entered once all family law state and local procedures are finalized.

  1. MYTH – Prenuptials are only meant to protect the rich partner and keep the other partner at bay.

FACT – Prenuptial agreements are created to satisfy the needs of both spouses.  However, prenuptials that are unfair rarely get recognized in the court of law. It is important to ensure that you get a sensible deal when agreeing to any prenuptials when still very much in love so that you are not left at the mercy of the divorce court when your marriage is broken and your partner.

  1. MYTH – Spouse is only entitled to alimony for only half the length of the marriage.

FACT – There is a common misconception that one is entitled to alimony for half the length of the marriage. There is no California statue that support this claim whatsoever. However, numerous mediators and courts use this claim from time to time just to get a good deal. The fact is when ordering support many factors are taken into consideration.

  1. MYTH – The best option for every divorcing couple is mediation.

FACT – While mediation has worked for many divorcing parties, it doesn’t give ample protection or plan for a spouse who has a history of substance abuse issues, anger management problems and/or domestic violence. The most important thing is couple to talk to each other and find a solution that could benefit both parties.

  1. MYTH – When filing for bankruptcy, I am no longer obliged to pay for spousal and/or child support.

FACT – Even when you are legally bankrupt, you are still obliged to meet your spousal and/or child support and this usually comes first before any creditor no matter how much money you owe them.

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