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Common divorce mistakes you need to avoid

On Behalf of | 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.


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