California, with its glitzy reputation, often finds itself in the spotlight, particularly when it comes to divorce. As a result, there are some myths that have built up over the years about divorce in the Golden State.

One common misconception revolves around the six-month waiting period. Some believe that initiating a divorce petition will automatically result in it becoming a divorce judgment after half a year. However, that six-month period is merely the minimum time before the court can issue a divorce decree. Within this time frame, various requirements must be fulfilled, making the process more complex than a simple waiting game.

Another widespread myth suggests that mothers hold an inherent advantage in custody disputes. The fact is that California courts prioritize the child’s best interest. The outdated notion that mothers automatically have the upper hand no longer holds true. The court looks at various factors, including who provided primary care or played a significant role in the child’s life prior to separation, debunking the idea that gender automatically determines custody outcomes.

The belief that infidelity might lead to an uneven distribution of assets is another myth.  California courts follow a community property system, where assets acquired during the marriage are typically divided equally. Even when one spouse has more in terms of separate property assets, the court aims to ensure an equitable division of marital assets. California’s approach focuses on equitable distribution rather than punishing infidelity.

The illusion that a day in court will magically sway the judge to favor one party does not reflect the reality of the court system in California. With courts overwhelmed by the sheer number of cases, expecting undivided attention during a trial is unrealistic. Instead, judges encourage settlement and communication between the Parties. The advantage of Mediation or the Collaborative Divorce process becomes evident, allowing you to spend more time resolving issues than the limited time a judge can afford.

Divorces in California are not as straightforward as some myths suggest. Understanding the nuances of the legal process helps in navigating the intricate journey of divorce. While California may be famous for many things, divorces here require a realistic understanding of the law rather than falling prey to misconceptions.

The Kim Mediation and Law Center is located at 3701 Wilshire Blvd. Suite 508 in Los Angeles, CA. You may schedule an appointment by calling 213-352-1000 or visit www.kimmediationandlaw.com