Do You Know These Divorce Myths That Keep People Stuck?

At Miranda, Magden & Miranda, LLP, we often encounter common misconceptions about divorce that can create unnecessary stress during an already challenging time. With years of experience guiding clients through the process, we are here to clear up these myths and provide accurate information. Our goal is to help you feel informed and confident as you explore your options.

Myth 1: Divorce Is Always a Battle

One of the biggest misconceptions is that divorce means endless fighting and court battles. While media portrayals often emphasize dramatic courtroom showdowns, the reality is that many divorces are resolved amicably through mediation or collaborative methods. Mediation or productive negotiations between counsel, for instance, allows both parties to work with a neutral third party (or their representatives) to reach agreements on things like property division, custody, and support arrangements. Remember, every divorce is unique, and with the right legal guidance, it does not have to turn into a bitter fight.

Myth 2: Mothers Always Get Custody of Children

Another common myth is that mothers are guaranteed custody of children. While this may have been a societal norm decades ago, courts today prioritize the best interests of the child, not the gender of the parent. Factors such as each parent’s ability to provide stability, the child’s relationship with each parent, and even the child’s preferences after a certain age are taken into account. The goal of custody arrangements is to ensure the child’s needs are met, and those needs evolve over time; both parents have an important role to place and often should both be heavily involved in their children’s lives.

Myth 3: Assets Are Divided 50/50 No Matter What

Property division is another area where myths abound. Some people believe that everything is simply split down the middle, but that is not always the case. In California, a community property state, any assets and debts acquired during the marriage are typically divided equally. However, separate property, like inheritances or assets owned before the marriage, often remain with the original owner, and other obligations, credits and reimbursements can factor into the actual division of assets. It is important to have legal professionals who can help you accurately identify and value marital and separate properties.

Myth 4: Once the Divorce Is Over, Everything Is Set in Stone

It is also a misconception that settlements and custody arrangements can never be changed once finalized. Life is unpredictable, and the legal system recognizes that circumstances change. Whether it is a new job, relocation, or significant changes in financial situations, modifications can be requested under specific circumstances.

Myth 5: You Can Always Save Money by Not Hiring a Lawyer

Lastly, some believe they can cut costs by navigating a divorce on their own. While it is admirable to try to save money, the risks of this approach often outweigh the savings. Divorce involves complex legal and financial matters that, if mishandled, can result in costly mistakes. Partnering with a reliable attorney ensures your rights are protected and that you avoid long-term consequences. 

Contact Us For Help

At Miranda, Magden & Miranda, LLP, we pride ourselves on providing clear, actionable advice to clients facing life’s toughest transitions. If you are navigating a divorce or considering your options, know that you don’t have to go through it alone. We are here to guide you, offer support, and help you reach the better days that lie ahead. Understanding the truth behind these myths is crucial for making informed decisions.