Common Divorce Myths

The legal team at Newport Beach based Bayati Law Group understands that a person going through a divorce faces many emotional and legal stresses.  Sometimes, many of the common assumptions about divorce are, luckily, untrue.  If you are considering or going through a divorce, you should take some time and determine what is fact or fiction about the divorce process.  Some of the most common divorce misconceptions include, but are not limited to, the following:

•    All lawyers are alike.  Some divorce attorneys are welcoming and provide advice that is specific to the needs of each individual client.  Other divorce lawyers are less communicative and approach all divorce cases in a standardized fashion –and, unfortunately, do their clients a disfavor.  At Bayati Law Group, we embrace the reality that each client is unique.  Accordingly, we tailor our approach to each divorce with the client’s specific needs in mind.

•    An unfaithful spouse loses more property.  California is a “no-fault” divorce state, which means that certain actions of one of the spouses may not affect certain aspects of the divorce process such as division of marital assets. 

•    Your name is on the title or deed, so the property is automatically yours.  The deed to real property is only one piece of evidence regarding whether that property is separate or community property.  The process undertaken to determine whether certain real property is part of the marital estate requires careful consideration and attention to facts.  Accordingly, advice of competent counsel is highly recommended before resting on what may be an incorrect assumption.

•    Women always get custody.  This may have been the standard practice many years ago; currently, however, the courts accept that a mother or father can be equally adequate guardians for their children.  Custody decisions are based on many factors, including, but not limited to, the children’s best interest.

•    I can go through a divorce by myself.  The divorce process can be easy or complex, depending on one’s specific circumstances.  If you are considering a divorce, the most effective first step is consultation with an experienced family law attorney.  Sometimes, after consultation with a lawyer some parties can confidently undertake their own divorce.  Alternatively, consultation with an experienced family law attorney may bring to one’s attention many initially overlooked details about the divorce process.

If you or someone you know is considering a divorce, contact the experienced legal team at Orange County based Bayati Law Group for a free initial consultation.  We look forward to helping you!

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