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Claery & Hammond, LLP Claery & Hammond, LLP
Los Angeles 310-817-6904
San Diego 760-870-4900

Divorce Myths Busted!

A Legal Team You Can Trust

As Los Angeles divorce attorneys, one of our jobs is to answer our clients' questions. As a natural part of this process, we dispel common myths and misconceptions. Below, we bust some common divorce myths. Hopefully, we can help answer some of your questions, and make things easier.

Myth # 1: My affair will affect my divorce settlement.

This is one of the biggest misconceptions that we run into. We have good news: whether you had a one night fling or a full blown affair, it doesn't make a difference in how your debts and property are divided.

California is a "no fault divorce" state, and the courts will not accept any evidence of your affair. The only thing that matters is that your marriage is over.

Myth # 2: I should quickly hide my assets.

It's amazing how many people want to withdraw all of their money and go burry it. If you do this, we guarantee the other side will find out. During a divorce, both sides have to provide all of their financial records, so if you withdraw $10,000 the week before filing, the judge will know.

It's a big deal if you try to hide, destroy, or dissipate assets during your divorce. While the judge won't care that you hid an affair, they will care if you hide property. If you try to hide property and the court finds out, it won't end favorably.

Myth #3: The mom always gets the kids.

In the past laws leaned towards the mother, nowadays this is not the case. The court's rule in favor of what is in the best interests of the kids. It often comes down to who has been the child's primary caregiver.

So, if the father has been the primary caregiver, that's likely where the custody will go. It all depends on the facts of the case.


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