There’s lots of gossip and rumors floating online these days, and divorce is no exception. Many half-truths and misrepresentations about custody, visitation, alimony, and more are often shared across social media, videos, forums, and more. At the Law Offices of James P. White, we’ve heard them all, and to that end, we want to spend some time dispelling some of the more common misconceptions.
Today’s post is covering the top misconceptions we’ve heard over recent months. As always, we recommend that you reach out to us directly if you have any specific questions or are seeking guidance for your specific legal circumstances.
Misconception #1: Mothers Always Win Custody Cases
Many people assume that men are automatically at a disadvantage when it comes to getting custody. In the state of CA however, the primary concern is the continued well-being of the child. We’ve discussed the main factors that go into this equation previously, and the gender of either parent is not one of those factors. Mostly, family law courts want to ensure that a child has access to both parents, and that each parent is able to provide the care and support that the child requires. All things being equal, the family law courts favor shared custody when possible.
Misconception #2: Assets Are Always Split Equally in Half
This is a very common misconception. In CA, assets are divided in a way that is equitable. This doesn’t translate to directly even and things aren’t simply split 50/50. Factors such as each spouse’s financial situation and earning potential are weighed, which means that a higher earner could end up with a bigger load of the shared debt.
Then there’s property which was acquired before the marriage. Considered separate property, these assets always stay with the original owner and are usually not subject to being split or re-distributed.
Misconception #3: Parents Who Are Behind on Child Support Can’t See Their Kids
It’s important for parents to stay on top of their child support obligations, especially because the other parent often relies on this to provide for the child’s needs. However, just because someone is slacking on their child support duties does not give the other party the right to deny them visitation.
This goes both ways, if a parent is withholding visitation, this doesn’t mean that the other person can just stop paying child support. These are issues that need to be addressed, but they should be dealt with separately.
Get the Facts from a Family Law Attorney in CA
We hope this quick overview helped clear up some of the top misconceptions about divorce in CA. Remember, we offer free initial consultations at the Law Offices of James P. White. Call us today at 925-271-0999 to connect with us directly and schedule your appointment with a seasoned family law attorney.