If you have lived in the state of California for at least six months, it may be possible to obtain a divorce there. While you may believe that you need to get separated prior to ending your marriage, this generally isn’t true. Here are some other common misconceptions about going through divorce.
Myth: You’ll be punished for your indiscretions
As a community property state, the law assumes that you have a legal right to 50% of the marital estate. This is generally true even if you committed adultery, went to jail or could otherwise be considered a poor spouse. Typically, marital assets include retirement accounts, stock options and other assets that may have appreciated in value during the marriage.
Myth: You can’t get a divorce without your spouse’s consent
It’s not uncommon for spouses to disagree as to whether a divorce is warranted. However, you are allowed to pursue the dissolution of your marriage regardless of how your partner feels about it. It’s important to note that there will likely be a waiting period before you are granted a default judgment. A divorce attorney may be able to provide more insight into the process of ending your marriage in a unilateral fashion.
A legal professional may help you better understand the process of getting divorced. He or she may also be able to review the facts in your case to determine if you’ll likely receive alimony, child support or other payments from your partner. If you signed a prenuptial agreement with your spouse, a legal adviser may be able to determine if its terms will stand up in court.