Divorce Myths

truth-divorce-process

“Divorce is a complex and expensive process that lasts for what seems like an eternity. During your case, everybody wants to give you legal advice but very few are qualified to do so. Just because someone you know went through a divorce last year does not make him or her qualified to give you advice. You need to consult a Family Law Attorney to find out how the process really works and what are your rights. I have listed below some of the most common misunderstandings about divorce.”

Jennifer Lawton, Esq.

TRUTH: Only in rare circumstances will you have to pay spousal support for the rest of your life.

TRUTH: No. It would be prohibited as a conflict of interest. Each party has to be independently represented either by an attorney or by themselves.

TRUTH: False. The parties are always permitted to reach agreements except for very limited circumstances.

TRUTH: False. You need an experienced intelligent attorney who knows the law and how to convince others he or she is correct. A courtroom is a place where disputes are resolved by persuasive factual discussions with a Judge. Attorneys and parties are required to show proper respect and decorum to each other. No aggressive demeaning behavior is permitted. Anyone advertising that he or she is an “aggressive” attorney is either pandering to your lack of familiarity with the legal process or fooling his or her self.

TRUTH:  The Court may order your spouse to pay some money toward your attorney’s fees depending on the disparity between each of your incomes.

TRUTH: It is irrelevant to the Court who initiates the Divorce process first.

TRUTH: There are many good reasons to move out of the family residence which will not be held against you.

TRUTH: Six months is only the earliest date a Divorce can be final.

TRUTH: No. California is a no fault state and his or her fidelity is irrelevant to the payment of support.

TRUTH: No it’s not. You shouldn’t rely on any thing your spouse says early in your Divorce due to the very high level of emotions involved at that time. People can say or do almost anything out guilt, fear, anger, sadness, etc.