It is not so unusual for couples in California these days to seek a divorce, or to know someone who has done so. After all, the stigma surrounding divorce is eroding and many are seeing it as a better option than staying in an unhappy marriage. That being said, there are some myths surrounding divorce that deserve to be addressed.
First, even if a couple has already reached an agreement on their divorce issues, they must wait a minimum of six months following the date they filed for a divorce before their divorce can be finalized. This can actually be a good thing. While no one wants to see divorce proceedings drag on, the decisions made during the divorce process will affect the couple's future for years. Therefore, it is important not to rush into these decisions.
Also, while some people may think if they beat their spouse to the court house and file for divorce first, they'll have an advantage. However, in the end it doesn't make a huge difference as to who files for divorce first, so if you were served with divorce papers, you shouldn't worry that you are at a disadvantage.
Sometimes a marriage ends due to one spouse's infidelity. Since it may seem like the divorce is the cheating spouse's fault, the other spouse may think they're entitled to a large portion of the marital property or, if they have children, full custody. However, since California, like all other states in the nation, is a "no-fault" divorce state, fault will not necessarily be a factor when a judge makes decisions on the couple's divorce legal issues.
In the end, it is important not to get caught up in misconceptions about divorce in California. Divorce can be a confusing and emotional time, so it is important to have legal help so that you can receive objective advice and see the big-picture. At our law firm, we guide our clients through the divorce process in a way that allows them to understand their rights so they can make informed decisions. Whether a divorce is settled out of court, or whether it goes to litigation, we will represent our clients every step of the way, so that a fair and appropriate result is reached. Our divorce webpage may be a good starting point for those who want to learn more about this topic.