Until you have experienced divorce, it can be difficult to discern fact from fiction or how family law will affect you, especially when considering the varied experiences and information from family or friends. To shed light on the reality of family law, I’m debunking common myths to let you know what to expect when going through a divorce.
Myth 1: If you commit adultery, you end up with less.
California is a “no-fault” divorce state, which means the Judge doesn’t care why you are getting divorced, AT ALL. Child custody orders are based on what’s best for the children, not who cheated on who. Support is primarily based on income. Property and debt are divided equally, with few exceptions.
Myth 2: If your spouse doesn’t want to divorce, you must stay married.
The Judge doesn’t care who wants the divorce. If one person wants to end the marriage, the other cannot force them to stay married. The divorce will eventually happen so long as one person pushes to complete the case.
Myth 3: Mothers receive primary custody of children.
Other than when a child is very young (under two years old), the Court finds in MOST cases that significant time with both parents is best for the children. However, courts don’t automatically order 50/50 custody either. It’s based on the parents’ schedules, the child’s bond with each parent, who takes care of certain daily aspects of parenting and numerous other factors, including the child’s opinion once they reach a certain age of maturity.
Myth 4: If you don’t pay child support, the other parent can withhold visitation.
Although child support and custody are tied closely together, (the amount paid or received is partially based on the amount of time spent with each child), a parent cannot stop you from seeing your child because they aren’t receiving child support. In the event you aren’t receiving child support you can pursue collection either through your divorce case or through the state.
Every family and family law solution is unique, and consulting with an experienced family law attorney can help you move forward with the right information. Call The Reape-Rickett Law Firm today at 661-288-1000, to get the answers you need and the assistance you deserve from highly skilled attorneys.