The divorce procedure can have a significant impact on an individual’s life, as well as the lives of their family. The process can be complicated and stressful, and you’re bound to hear plenty of misinformation about how things work.
As a result, it is important to separate misapprehensions from reality. Outlined below are three common myths about divorce in California:
1. Divorce mediation is always the best option
Mediation processes work well for many couples. However, they rely upon spouses being able to communicate openly. In some cases, they simply may not be possible. For example, when violence or substance abuse is present, mediation may not be the most suitable option.
2. The mother always gets custody of the children
It is still commonly believed that women are always awarded custody of their minor children and fathers must settle for having their children every other weekend. However, this is not the case.
When divorcing couples are unable to agree on their own parenting plan, the courts in California will take responsibility to act in the best interests of the children, and it’s generally understood that children thrive best when both parents are involved in their lives.
3. You will not be allowed to see your children if you fall behind on your support
Often, parents believe they have the right to withhold child visitation If one parent is behind on support payments. However, this is not the case. Falling behind on child support does not give a custodial parent the legal right to withhold visitation.
Equally, if a parent is withholding visitation for one reason or another, the noncustodial parent is still legally obliged to keep up with child support.
Understanding the law relating to divorce in California is in your best interests. Moreover, if you are in a dispute with a spouse, it is important to know what legal rights and protections you have.