Attorney Michelle Sherwood Dispels Myths About California Divorce Law

R & S Law Group, LLP

It can also be quite confusing for people who don’t have any knowledge of divorce law and rely on popular misconceptions to guide them.

The divorce rate in Orange County, CA, is typically higher than the national average. Furthermore, according to the Pew Research Center, the divorce rate nationally has nearly doubled since the 1990s among U.S. adults ages 50 and older, and for those younger than 50 it is about twice as high as it is for adults 50 and older.

“Dissolution of marriage is an extremely emotional experience,” said family law attorney Michelle Sherwood, a senior partner at R & S Law Group, LLP. “It can also be quite confusing for people who don’t have any knowledge of divorce law and rely on popular misconceptions to guide them.”

To help dispel misconceptions about divorce law in California, Sherwood lists the following six myths and facts:

Myth No. 1: “Only my name is on the bank account so it’s my money.”

Fact: No, California is a Community Property state. “Generally, the date of acquisition of the asset controls,” said Sherwood.

Myth No. 2: “My spouse was cheating, so he or she was at fault.”

Fact: California is a no-fault state. “This means the court does not care about adultery or any other action that would lay the blame for the end of the marriage or partnership on one party,” stressed Sherwood.

Myth No. 3: “The court will automatically give me custody because I’m the mother, or the court will automatically give us 50-50 as we’re both good parents.”

Fact: The court has wide discretion to make a child custody order that is in the best interests of the minor children.

Myth No. 4: “I purchased my home prior to marriage, so it’s…

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