Common Divorce Myths

Divorce Law in San Francisco, CA

Many people go through divorces everyday. Unfortunately, because people often believe that their first-hand experiences make up the rules rather than the exceptions, there tends to be a plethora of myths circulating about the divorce process and its effects. San Francisco family attorney Randall Richmond wants you to know all the facts before you enter the complex process of marriage dissolution. To that end, he has gathered this collection of common divorce myths and the realities behind them.

Having a child together reduces the risk of a divorce and helps bring couples together. Giving birth to a baby may actually be one of the worst things a couple can do to improve their relationship. First, the stress frequently of a newborn child is one of the most difficult times in a relationship and makes even the best relationships go south. Secondly, if you still end up separating afterwards, there will now be the extra complication of the child’s welfare to consider.
Children of divorcees do better in homes with stepparents than they do in single-parent families. Studies have shown that children do just as well in either situation. While it may help the child to have another parental figure in their life, no figure will take the place of their biological parent. Additionally, there may be a whole new set of conflicts arising between the child and the new authority figure.
If you are very unhappy during a certain point of your marriage, it is time to get a divorce. No one can tell you if and when you should get a divorce. Every marriage goes through rough patches and three fifths of unhappily married couples later rate their marriage as happy. On the other hand, some relationships end without any real conflict or unhappiness –one person may realize they simply are not in love with the other. The decision to get a divorce comes down to the emotional state of both people in the relationship.
If your spouse commits adultery, you will get a greater portion of the property in the dissolution. Because California is a no-fault divorce state, adultery will not affect the outcome of your dissolution agreement. There is one exception though, and this is when the couple signed a prenuptial agreement that included a clause about marital infidelity. In this situation, the agreement will direct the course of action taken due to the adultery.
If someone moves out of the home during the divorce, they will lose their rights to the home. Our state is a communal property state, so just because one person moved out of the home doesn’t mean they will sacrifice their right to the property.
If property is entered under one person’s name, they will keep it in the divorce proceedings. The court will divide all marital assets equally regardless of who holds the title to the property.
If one person inherited property during the marriage, the other will receive 50% of it. Inherited property is one of the rare exceptions for communal property. If the asset was clearly left to one single person in the relationship, they will keep it in its entirety.
Women are always granted custody. This is an outdated belief based on antiquated thinking. In actuality, the custody will be based on the child’s wellbeing, taking into account how close the child is with each parent, the ability of each parent to support the child and other factors.
Divorces are always ugly and traumatizing. While some divorces are long, complex battles, others are relatively simple and collaborative. It may be true that most divorcees do not want to stay close friends after the dissolution, but there isn’t always bad blood between the couple either.

If you have any questions about these all-too-common myths, contact an experienced San Francisco family lawyer from the Law Offices of Randall A. Richmond.

459 Fulton St, #303
San Francisco, CA 94102
Phone: 415-701-8300