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Four Common Divorce Myths In California Family Law

Divorce in California can be complicated. In fact, there are still many common misconceptions out there about marriage dissolution. Don’t fall victim to divorce myths. Our Sacramento divorce lawyers provide the compassionate and insightful counsel you need to make informed decisions for yourself, your children, your assets and your family.

Below are some of the more common divorce myths we’ve heard at O’Brien Family Law, PC. If you have questions about these or any other issues, please call us at 916-468-0707 or reach out online to schedule a confidential consultation.

Divorce Myth One: The Mom Will Get Sole Custody Of The Children.

In the past, mothers received preferential treatment regarding child custody. Now that parents share more equally in child-rearing duties, these attitudes have shifted. In California, this is especially true. During a divorce, a father has an equal chance of receiving custody of his children.

At O'Brien Family Law, PC, our attorneys assisted many fathers with winning shared or sole custody of their children. The custody decision is based on issues like the children’s ages, relationships with the parents, parents’ criminal records and what is in the best interests of the children.

Divorce Myth Two: If A Spouse Cheats, It Will Affect The Divorce Case.

A cheating spouse wrecks emotional havoc on his or her significant other. However, cheating generally does not affect a divorce case. There are a few exceptions. If you and your former partner had a prenuptial agreement, adultery is often included as a clause that could void, or otherwise affect, this agreement. Any significant spending related to the affair may also change how the court views property division.

Our firm has helped individuals through hundreds of divorce cases over the years. If you have questions about how an affair may affect your divorce case, our attorneys can help you examine the issue from all angles.

Divorce Myth Three: Your Spouse Is A Business Owner, So There Is No Way To Find All Their Money.

At O'Brien Family Law, PC, our attorneys have often heard, “There is just no way you are going to be able to find all that money!” The truth is, most people leave a trail, even when they think they are being clever. Our firm uses forensic accountants, who are accountants specially trained to root out illegal or fraudulent activities. They are the detectives of the accounting world.

For anyone who has cooked the books, our firm can recreate a new analysis of the financials. Even if your spouse was filing faulty tax returns, we will work to get to the bottom of the issue. Experience has shown our attorneys almost always find that money.

Divorce Myth Four: If Your Ex Does Not Pay Child Support, He Or She Cannot See The Children.

Paying child support helps your children receive the care they need to grow into healthy adults. Not paying child support certainly violates these obligations. However, you should never respond to late or missing payments by withholding visits with children. It harms the children, and it is not how the process is legally dealt with in California.

If your former partner has missed child support payments, our firm has extensive experience with child support enforcement cases. Let us guide you through all the proper legal channels, while protecting your children from unnecessary drama. We understand you want to fight for what is best for your children. Let us take care of the process.