Despite attempts to educate the public about California divorce law, there are still many myths about divorce floating around. From spousal support to child support and child custody, people sometimes look for answers to their questions from friends and relatives rather than an experienced California divorce lawyer. This can be a dangerous path to follow when you are making important decisions about your life.
First, many people believe that a divorce automatically becomes final six months following the date that they file for divorce. California law provides for a six-month waiting period before a divorce becomes final, but your divorce won’t become final on the 61st day. The reality is that very few divorces are finalized in a six-month period. It is in only the simplest of divorces, where the parties have no children or property to divide, and spousal support is not an issue, that could be resolved immediately by filing an agreement with the court to finalize your divorce. Even then, it is likely to be a few days before the judge approves and signs your agreement and incorporates it into a divorce decree.
Next, many individuals are under the impression that if a parent does not pay child support as ordered, then that parent is not entitled to spend any time or have visitation with the child. Under California law, child support and visitation are two totally different things. While there are certainly avenues of recourse against a parent who does not pay child support as ordered, withholding child custody or visitation is not a legal remedy.
Another common myth is that if parents split custody equally, or on a 50/50 basis, then neither parent has to pay child support. Calculating child support under California is not so simple. The law uses a complex mathematical computation that uses the parents’ respective taxable incomes and the amount of time that each parent spends with the child, among other factors. In most cases, if one parent earns significantly more money than the other parent, then that parent probably will have to pay child support to the other parent.
These are only a few of the many divorce myths that the general public tends to believe. The Los Angeles divorce attorneys at the Law Offices of Vincent W. Davis & Associates are eager to listen to your concerns and answer your questions about all issues related to your divorce under California law, as well as any other family law issues. We have represented countless clients involved in divorce and other family law proceedings, and we are here to give you the legal advice and guidance that you need. Call our offices at (888) 888-6582 and learn how we can help you with your California divorce or family law case.