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Common divorce mistakes you need to avoid

On Behalf of Cullen Family Law Group | Sep 19, 2019 | Same - Sex Couples & Divorce |

Are you headed for a divorce? If so, brace yourself because everybody who finds out will likely have advice they want to share.

The big problem is that a lot of people get their facts about divorce mixed up. If you rely on that information to guide your actions, you could end up making some serious mistakes, including:

1. Not fighting for shared custody

Maybe you’ve heard that mothers always get primary custody of young children. That might have been true in the past, but family courts today tend to put more value on the contributions of both parents. Don’t throw in the towel on custody until you’ve discussed your situation and your goals with an attorney.

2. Assuming anything in a solo bank account is yours to keep

California is a community property state. That means that everything you and your spouse possess is generally considered to be jointly owned even if it is only in your name. There are exceptions, naturally, if you can prove that the money was yours before marriage, was an inheritance or is somehow otherwise separate property. It’s important not to make assumptions about any assets you have until the court has its say.

3. Thinking that fault matters

The advent of no-fault divorce has drastically changed the importance of determining who is responsible for the end of the marriage. Most of the time, it doesn’t really matter to the court which spouse’s actions caused the relationship to break down. Don’t invest your energies in this direction.

4. Making assumptions about alimony

Spousal support, or alimony, is often one of the most difficult issues to settle in a divorce. It’s important to remember that both men and women can ask for alimony — but every situation is unique. Discuss your questions with someone who can help you understand what type of alimony you might obtain (or have to pay) so that you can financially prepare yourself for the future.

If you’re ready to discuss divorce in earnest, take the time to review our site further for more information, or contact us directly to learn how we might be able to help you.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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