Going through a divorce can be one of the most stressful situations in one’s life.
A divorce is a difficult transition in your life, and tensions may run high. In such trying times, you might hear different stories and experiences from people regarding the Californian divorce process. Though some of them might be true, a great number of these just happen to be myths.
Divorce proceedings are already complicated due to the many emotions involved, but such myths can amplify tension.
That’s why today we’re debunking common myths about the Californian divorce process, according to our family law attorneys in Chico.
Committing Adultery Can Cause You to Lose Everything
Most people think that if one partner has an affair, the other automatically gets everything, including the house and the kids. However, that’s not the case. Though infidelity can end your marriage, it doesn’t influence the divorce settlement.
Californian laws dictate that courts can’t consider infidelity during divorce settlement proceedings. That’s because California is a no-fault divorce state under Section 2310 of the California family code. This means that no party is blamed for a failed marriage.
However, you can get a divorce if:
- Your spouse has an incurable mental illness.
- You have irreconcilable differences.
You Have to Split Assets 50-50
This is another popular myth because an equitable split doesn’t automatically mean an equal split.
Even if California is a community property state, you’re not required to divide assets 50-50. Instead, you only have to equally divide community properties.
This means that assets belonging to only one partner don’t have to be divided at all.
You Have to Divorce In The Same State You Were Married In
Another common divorce myth is that you can only divorce in the state where you were originally married. That is a myth because laws recognize that people have to move for various reasons, and you can file for a divorce in any state.
However, the person who files for the divorce has to meet residency requirements. These requirements vary in different states. However, in California, the residency requirement totals six months. We also recommend that you take into account your county residency requirement as well.
Do you require help with family law matters in California? Don’t worry, we can help you out! Our family law attorneys in Chico, CA, can help you out whether it’s about divorce or child custody.
At The Law Offices of Ron Marquez, our divorce attorneys in Chico, CA will take care of everything from divorce proceedings to child custody settlements. Our family law specialists in Chico, CA, have the experience to ensure that settlements are in your favor.
We also provide our services for property division attorneys, family law attorneys, child support lawyers, and more to help your case.
Contact us today for help from the leading general practice firm in Chico.