Common Divorce Myths You Should Ignore
Divorce is often a time of overwhelming change. While divorce can be a major life transition, it is often far less catastrophic than many people imagine. Unfortunately, common misconceptions that can cause unnecessary stress and even keep some people stuck in an unhealthy relationship far longer than they should be.
Divorce does bring change, but understanding what the actual impacts are can help you move forward with realistic expectations and a clearer sense of control.
Myth #1: Divorce Means Losing Everything
One of the biggest myths in divorce stems from the roots of our greatest fears: that we will lose everything that we have worked our whole lives to build and achieve. Too often, people mistakenly believe that a divorce automatically means that you will lose your home, your children, your financial security, your personal belongings, and important family relationships.
Divorce is not a one-sided process where one spouse “wins” and the other is left behind. While property division is a required party of divorce, courts consider multiple factors to ensure that neither spouse is unfairly stripped of what they have worked for. For instance, the court can make orders for spousal support, child support, and or payment of attorney’s fees and costs to ensure parity during the divorce process and after as the spouses transition into living separately. Even in cases where prenuptial or postnuptial agreements are involved, no one should fear they will be left with absolutely nothing at the end of a divorce. These agreements will not be upheld by the courts, if the agreement was not voluntarily made or was unconscionable.
The bottom line is that divorce does not mean starting over with nothing.
Myth #2: Child Custody Automatically Favors the Mother
Mothers do not automatically receive preferential status when it comes to child custody in divorce cases. The courts prioritize the child’s best interests. California courts place value in the children maintaining relationships with both of their parents. They will consider each child’s relationship with their parent, the current living situation, each parent’s ability to provide a safe and stable home, among many other factors that are all viewed through the lens of what is in the child’s best interest. Divorcing couples should expect both parents to receive some amount of custody (the standard is 50/50) unless it is not in the child’s best interest.
Myth #3: Divorce is Always Lengthy and Expensive
Some divorces do take a significant amount of time and money. This is particularly true of contentious divorces. However, there are strategies you can pursue that can finish divorce cases much more quickly than you might realize, especially when both sides are able to work together toward an amicable end to the marriage. Mediation can keep divorce processes short and costs relatively low.
Contact Cardwell Steigerwald Young LLP
If you are unsure of what your next steps should be, contact an experienced San Francisco divorce attorney with Cardwell Steigerwald Young LLP. Our legal team can help you to assess your case and implement a sound strategy to help support you moving forward.
