Think divorce always means losing everything? Think again – here’s the truth that could save your family. Divorce is one of life’s most challenging transitions, especially in a vibrant, fast-paced region like San Diego, where families balance beachside lifestyles, military deployments, thriving tech careers, and some of the highest housing costs in California. With emotions running high, misinformation about divorce can lead to confusion, costly mistakes, or even hesitation to seek the help you need. At SD Law Center, we’ve guided countless San Diego families through divorce, child custody, and spousal support cases, and we’ve seen how myths perpetuate unnecessary fear.
Myth 1: You Must Prove Fault to Get a Divorce
Since 1970, California has been a no-fault divorce state, meaning you can end your marriage by citing “irreconcilable differences” without pointing fingers. The only requirements are residency: one spouse must have lived in California for six months and in San Diego County for three months before filing. After serving papers, there’s a mandatory six-month waiting period before the divorce can be finalized. Fault might matter in specific contexts, like seeking a domestic violence restraining order (DVRO), but for the divorce itself, it’s irrelevant.
Myth 2: Adultery Will Cost You Everything in the Settlement
In California’s no-fault system, adultery rarely impacts settlements directly. Courts focus on factors like marriage length, income disparities, and child welfare, not moral failings. The exception? If infidelity involved significant financial waste—like draining a joint account for lavish gifts—that could affect property division. Document finances early and consult a San Diego divorce attorney to protect your rights.
Myth 3: Mothers Always Get Primary Custody of the Children
California law is gender-neutral. Family Code Section 3040 emphasizes the child’s best interests. In San Diego, courts increasingly favor joint custody. Our child custody lawyers in San Diego help both mothers and fathers present strong cases for custody based on involvement and stability.
Myth 4: All Marital Property Is Split Exactly 50/50
Community property is divided equally, but “equal” doesn’t always mean a literal 50/50 split. Courts factor debts, contributions, and financial needs. In San Diego’s high-value real estate market, disputes over home equity are common. Work with a San Diego divorce lawyer to classify assets correctly and avoid costly mistakes.
Myth 5: Spousal Support Is Guaranteed for Life in Long Marriages
The so-called “10-year rule” convinces many that a marriage lasting a decade guarantees lifelong alimony, but this is false. Spousal support depends on Family Code §4320 factors. Our San Diego spousal support attorneys can explain your actual rights and obligations, whether you’re paying or receiving.
Myth 6: You Can Refuse a Divorce If You Don’t Agree
In California, divorce is unilateral—one spouse can file without the other’s consent. Once the six-month waiting period passes, the court can finalize the divorce. Our divorce lawyers in San Diego help streamline contested divorces and reduce unnecessary delays.
Myth 7: Divorce Always Takes Years to Finalize
Uncontested divorces can conclude in six months, while contested cases average 12-18 months. Mediation often resolves disputes faster. Learn more about our San Diego divorce services to see how your case can move efficiently.
Myth 8: Children Get to Choose Where They Live
California courts may consider a child’s preferences if they’re mature, but decisions rest on best interests. Our custody attorneys in San Diego help create parenting plans that protect children from undue pressure and conflict.
Myth 9: Common Law Marriage Is Recognized in California
California does not recognize common law marriages formed in-state. For couples cohabiting in San Diego, cohabitation agreements can provide protections similar to prenups/postnups.
Myth 10: Spousal Support Always Goes to the Wife
Spousal support is awarded based on need, not gender. Our spousal support lawyers regularly secure fair outcomes for both husbands and wives in San Diego divorces.
Why These Myths Matter for San Diego Families
San Diego’s unique mix of military bases, tech hubs, and coastal affluence creates divorce challenges unlike anywhere else. Misconceptions can lead to missed opportunities or costly errors. Our San Diego family law attorneys provide clarity and strong representation tailored to local realities.
Next Steps: Protect Your Future
Divorce is daunting, but you don’t have to face it alone. Whether you’re worried about custody, property, or support, the first step is getting personalized advice. At SD Law Center, we offer compassionate, results-driven representation. Schedule a free consultation with a San Diego divorce lawyer today.
