Dispelling Common Family Law Myths – The Reape-Rickett Law Firm

In the spirit of the old television show “MythBusters,” it is time once again to review and bust some long-held family law myths.
1. Filing for divorce means you are legally separated. – Wrong
Filing for divorce allows you to state a date when you contend you separated from your spouse, but that does not mean you are legally separated on that date. The date of separation is your contention that after that date, all the earnings, accumulations and debts incurred by either party are their separate property and responsibility. Legal separation requires a Judgment of Legal Separation is entered by the court.
2. “My spouse cheated on me, so I get more support and/or more property.” – Wrong. California is a no-fault divorce state, which means adultery is not considered in awarding support or dividing community property. On the other hand, if you can prove that your spouse lavished community property on their “friend,” then you have a potential case for breach of fiduciary duty to the community by your spouse.
3.“I have a long-term marriage of more than 10-years, so I’ll get spousal support forever and I never have to work.” – With some very limited exceptions, this is wrong.
California has a public policy, which mandates that a spouse receiving spousal support will make good faith efforts to become self-supporting in a reasonable amount of time.
4. “I’m the mother, so I will automatically get primary custody of the child or children.” – Wrong.
First, the term “primary custody” does not appear anywhere in the California Family Code. Second, the California Family Code says each parent should have frequent and continuing contact with their minor children. Of course, practical factors may affect child custody and custody is fluid because the needs of an infant are different than the needs of an older child or teenager.
There are countless family law myths, so it’s in your best interest to consult with an experienced family law attorney to get the facts. Contact The Reape-Rickett Law Firm today at DivorceDigest.com or call (888) 846-6166.