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Popular divorce myths that are false

California residents who are considering getting a divorce often receive advice from their family and friends. Although they may mean well, some of the advice given could be inconsistent with California divorce laws or may be inapplicable to a person's unique case. As such, those in this position should do their research when it comes to divorce myths.

One major divorce myth is that a couple can save money by having one attorney represent both individuals. This is false, as that would lead to a prohibited conflict of interest. Another popular myth is that a former spouse's misconduct during the divorce is not a deciding factor when dealing with financial issues. This is partially false, as "egregious" misconduct, such as diverting money from the family for extramarital affairs, may be considered when it comes to spousal support.

Other popular divorce myths deal with finances. For example, one is that if a person gives up interest in the marital home, he or she will no longer be responsible for making mortgage payments. This is false, as the lender is not a party to the settlement agreement. Both parties will remain on the hook for the obligation unless the loan is refinanced in the sole name of the party staying in the home. If this is not possible, an indemnification might be necessary.

During a divorce, all marital assets must be divided up between the former spouses. Additionally, other considerations may need to be made when dealing with child support and alimony. Accordingly, having the advice of a family law attorney can be advisable during settlement negotiations.

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