Common Misconceptions

At MNB Law Group, our attorneys routinely answer questions from our clients about California Family Law, particularly in the areas of divorce, child custody, and family support.  The following are just a few of the common misconceptions about these issues and our responses.

 

Misconception: Awards of support and child custody are biased in favor of the birth mother.

Our response: In reality, the parent who is awarded primary custody is the one who is already raising the children and spending the most time with them.

 

Misconception: Cheating on, or otherwise being cruel, to a spouse will diminish the offending spouse's share of the community assets.

Our response: California is a "no-fault" divorce state, in which equitable division is the standard for separating community assets. This means that assets acquired during the marriage are apportioned equally between the divorcing spouses according to monetary value of those assets, regardless of whether one spouse had an affair or assaulted the other spouse.

 

Misconception: If a divorcing spouse remarries, or finds a new partner, he or she may receive less support, retirement savings or other assets from the first marriage.

Our response: If a divorcing spouse is involved with another person, it has no bearing on the awarding of California division of assets, child support, or child custody privileges.

 

Misconception: If I file a restraining order against my partner, I will gain the upper hand in litigation involving property division and child custody.

Our response: A restraining order may enable you to temporarily prevent your spouse, partner, significant other, or other family member from entering your home, or from seeing your children.  We only pursue restraining orders where there is basis to do so relative to or against our client or our client's children.  We do not pursue restraining orders for the sole purposes of gaining an advantage relative to custody or support.  Allegations of abuse have no effect on your division of community assets.

For more information about our comprehensive legal services,
contact our Woodland Hills attorneys online or by calling (818) 344-9200.

 

Let MNB Law Group Resolve Your Family Law Issues

MNB Law Group represents clients throughout Los Angeles County, in matters of traditional and same-sex family law, business law, dependency law, and estate planning,  and probate issues.  Our attorneys are experienced trial litigators and negotiators who always work for the best results for our clients.

Contact Us

Contact MNB Law Group today to discuss your case issues and their solutions.  We are available online or by calling 818-344-9200.  We represent clients throughout Los Angeles County, including the areas of Woodland Hills, Sherman Oaks, Encino, Los Angeles, Tarzana, Studio City, Calabasas, Canoga Park, Northridge, Agoura Hills, Westlake Village, Winnetka, Ventura County, Granada Hills, Lake Balboa, Burbank, Valley Village, North Hollywood, Van Nuys, Universal City, Toluca Lake, and Chatsworth and in Ventura, Orange County, Riverside, San Bernardino, Santa Barbara, San Luis Obispo, and throughout California.