From the moment you say ‘I do’ to your spouse, it is your expectation that you live happily ever after. However, this is not always the case as you cannot be certain that the marriage is going to work out. The fact that so many marriages in California get dissolved does not mean it is an easy step to take. There are reasons that compel you to have divorce as the only way out.
Divorce is not only going to affect you and your spouse. It also puts other elements like financial aspects concerning child support and division of assets at stake. For instance, if the divorcing couple has children under the age of 18, deciding on child custody and visitation needs to be carefully handled as it is normally a more emotional issue than fiscal responsibility.
Divorce processes, just like marriages, are not the same. If you are getting a divorce, you need to get the best representation from a divorce expert to avoid making serious mistakes that could lead to your rights as per California divorce laws being overlooked. San Diego Divorce Attorney can help you through this process and ensure that you avoid mistakes in your divorce settlement.
Why Should I Know About Divorce Settlement Mistakes?
Too many spouses, divorce is an emotional process as it is not easy parting with someone you once called your wife or husband. Thus, during this period, it is easy for you to make mistakes which might jeopardize the whole process. In addition, some simple mistakes you make may prompt the judge to rule some aspects such as child custody and support, and spousal support against your favor. Thus, for you to have a smooth divorce process, you should understand what is and is not required of you.
Divorce mistakes can be divided into two categories. They include
- Legal mistakes
- Social media mistakes
Legal Mistakes During Divorce Settlement
Legal mistakes are the errors you make that can be constitutionally argued in court as a defense by the other party. If these mistakes are argued successfully, the agreement the spouses had reached to in the divorce proceedings may be judged as null and void, and a new ruling may be provided by the court. The possible legal mistakes you can commit include:
- Failure to Understand California Divorce Laws on Reasons for Divorce and Waiting Period
This is the biggest mistake you can make in a divorce. Failure to understand divorce laws could work against you in court. Thus, it is better before making a rash decision, you take time with your divorce attorney to analyze what the law says on divorce and the consequences if you fail to adhere. Understanding the law also helps you in preparing a strong defense so that your spouse does not find you off-guard.
What Does California Family Law Say About Reasons For Divorce and Waiting Period?
Divorce laws in California center on the span of state residency and the waiting period. The state differs from other states on the idea of one spouse blaming the other for divorce. The State of California follows the ‘no-fault’ rule. This means that when filing for divorce, parties can only quote differences that are beyond reconciliation or a marriage breakdown that is beyond repair rather than proving that the other party is to blame for the divorce.
Divorce laws are cited under Section 2300 of the Family Code of California law. For one to file for divorce, the law requires that either the respondent or petitioner must have resided in California for at least six months, and at least three months in the county that they filing for the divorce. In case they do not meet this condition, they are allowed to file for a legal separation instead, and then later proceeding with the divorce after the six or three months are over. However, this restraint can be uplifted for particular gay couples who were legally married in California then went to live in a different State that doesn’t identify gay divorce. In the event that a court in California allows such couples to divorce, the orders given by the court regarding the divorce might not be executable in other jurisdictions.
Regarding the waiting period, a divorce verdict cannot be finalized before six months from the time the respondent is served with legal paperwork or before the respondent’s first appearance in court. In case it is possible of the couple to reconcile, the judge may delay the divorce hearing for a maximum of thirty days. In case of a legal separation or a dissolution of a partnership, there is no waiting period. During a legal separation, you are still entitled to spousal and child support. It, however, does not dissolve a marriage; therefore, one cannot get remarried.
There are ways in which a divorce can be rushed to avoid the waiting period. For instance, there are situations where you can file for a summary divorce which does not have a waiting period. For you to do this, however, each of the following must be true;
- You must have met the six months California and three months county residency prerequisite
- You and your partner agree to dissolve the marriage on the ground of irreconcilable differences without the other party contesting the divorce
- You don’t have underage (below 18 years) children nor is one party expecting a child
- Neither you nor your partner owns real estate or has significant shares in real estate
- Neither of you has a debt worth $6,000 and above, auto loans excluded
- Marital property is less than $38,000 worth and neither of you has $38,000 or more worth of property in separate
- You and your spouse must sign the Property Settlement Agreement to divide your marital property
- You and your spouse must relinquish any right to spousal support, the right to appeal, and you must have read the Summary Dissolution booklet given to you by the California court system
Any court must establish legal grounds to allow a divorce. Under California law, we have two reasons that a person can get divorced. They include irreconcilable differences or incurable insanity. When a couple has irreconcilable differences, it means they cannot resolve their problems and there is no possibility of a healthy relationship between them
It is crucial to note that the preliminary divorce paperwork is filed at a fee. The sum of the fee depends on the region where the case is to be filed. If the petitioner cannot pay for the fee, a waiver may be granted by the court.
- Failure to Know who is Eligible for a Divorce
First, you have to understand what marriage is under California law. Failure to which might have you filing for the wrong process that might incur unnecessary costs. For instance, there is divorce, partnership dissolution, annulment, and legal separation which depend on different terms of marriage. To know the right steps to take, you must consult an expert divorce attorney who will advise on what you should do.
Who is entitled to divorce under California law?
For you to understand if you can file for a divorce or not, here is what you should know;
First, you have to be legally married. There are two cases that are not treated as legal marriages under California law. They include domestic partnerships and common law marriages.
A domestic partnership is just like a legal marriage; but instead of filing for a divorce, you will precisely file for dissolution of the partnership. On the other hand, common law marriages have a great difference. Contrary to some states, California does not recognize common law marriages. Therefore, it doesn’t matter how long a couple lives together, that’s not marriage and so there can never be a divorce unless the couple signed an actual marriage contract.
Additionally, if the marriage took place under any illegal circumstances, for instance, forced, illegal underage, or if one of the spouses was of unsound mind at the time, the court cannot grant a divorce even if there was a licensed marriage ceremony. Under such circumstances, the couple may choose to go for an annulment instead.
- Hastily Opting for Mediation or Litigation
This is one of the costly mistakes you can make. It is important that before making a big decision, you first think through it as you are going to live with the consequences your entire life. Evaluate the state of your relationship with your partner and your current situation before choosing to settle your divorce in court or through the mediation process. Know the lawfully available divorce options and the impact they can have on you before opting for either one of them.
Going through a divorce is costly both emotionally and financially as there are so many things at stake. Avoid rushing to court to file for divorce only to later realize that you could have saved your marriage by reconciling with your partner or you could have opted for mediation talks which is less costly.
Thus, avoid taking any legal action without consultation. You should discuss the best way to go with your divorce attorney before making the final decision.
- Expressing your Emotions in Court
It is normal for one to have emotions during divorce proceedings, but expressing such emotions in the courtroom can be damaging to your future. In addition, it is advisable that when making any legal decision regarding the divorce, you should keep your resentment, happiness, anger, or sadness out of it. Also, your reactions should not show that you are trying to get back at your partner or you are giving up on the battle.
Alternatively, do not conduct yourself in a manner to show the divorce is a relief for you. This could hurt your spouse’s feelings and it could make the divorce process more difficult and expensive.
- Failure to Know What Equitable Property Division Means
Many spouses tend to assume that the equitable division of property means dividing the property 50-50. On the contrary, it is the financial situation of the spouses. For example, if one of the spouses was not employed and does not have marketable skills, the spouse would get a large share of the property during divorce.
Therefore, before settling for divorce, know how property division will affect both your lives. If it is negative, you may choose to discuss with your spouse and divide your property, and decide on child and spousal support through mediation such that everyone benefits.
- Fighting for Child Support with an Untruthful Visitation Schedule
California law grants the rights of child support in line with the amount of time each spouse spends with the child. This could lead to a spousal battle for more time so as to spend less on child support. If you have less time to spend with your child, then don’t lie in court as it could lead to serious consequences. You may also end up entrusting your kid to someone else since you don’t have the time as per what you told the court.
- Concealing Some of the Community Property from Your Spouse
It is a requirement of the law that each partner be honest about marital property and the finances that they have. When you hide property and your partner’s divorce lawyer finds out, there will be consequences. For instance, it could automatically lead to your soon to be spouse being allocated the biggest share. You can also be held in contempt of court or charged with other criminal offenses such as perjury and fraud.
The law dictates that marital property is divided equitably. However, if the property is significant and the divorcing couple is combative, dividing property can be difficult.
- Revealing Your New Partner Before the Divorce is Finalized
If you don’t love your spouse anymore and there is a new person in your life that you are planning on getting married to, you should keep quiet about it until the divorce process is finalized. You have to control how you feel so it doesn’t appear like you are rubbing your new happiness in your soon to be ex-spouse’s face. In most cases, judges take an indistinct view of a partner who moves into a new relationship before the final divorce verdict.
- Continuing in Spousal Sex after Separation
In California, the date of separation is when one spouse communicates to the other through words, writing, or moving out of the matrimonial home. Once the separation date is established, it is advisable that you don’t have an intimate relationship with your soon to be ex as one party may conclude that the act has a significant meaning while the other party feels otherwise. This would hurt the feelings of one partner and may lead to emotional outbursts in the courtroom that will hurt the case. It may also lead to unnecessary arguments that will only delay the divorce process.
If you still have a deep affection for each other, it would be advisable that you try and save your marriage, for instance, by going for marriage counseling before settling for divorce. However, after the commencement of the divorce process, it is not advisable to continue with sexual relations.
Social Media Mistakes in Divorce Settlement
These are the everyday doings that could be seen as mistakes when presented to the court during a divorce trial. You should be careful on how you conduct yourself during this period as anything you do, even if not in bad faith, could be interpreted differently by the judge and end up hurting your case. Some of the social media mistakes include;
- Not Cutting Off Social Media Ties with your Spouse
It could be dangerous if your spouse or his/her friends are following you on social media platforms. This is because they could use any information you post against you. You should also avoid accepting people you don’t know as your friends online because they could be working with your spouse to get information from you.
- Remaining Public
It is advisable that during this period, you set your profile as private. Your partner might be watching your every move including your current activities. This is important to prevent any information that could harm the case from being shared in court.
- Posting Emotional Posts
Any negative post displaying negative emotions against your divorce could work against you. It could imply that you are unfit for child support or custody. Avoid posting on social media before or after court proceedings. Post information that you know the judge and other people will be fine with it.
- Posting Too Many Pictures
Try as much as possible to be private on your social media accounts as anything you post might be interpreted differently in court. Also, avoid telling your social media friends what you are experiencing at the moment as it could tarnish your character and lead to a ruling that does not favor you.
In addition, cease from posting pictures that depict you having fun or other activities. This is because if you are trying to plea in court that you have no money and need a financial break, the pictures will sell you away. Such pictures of fancy cars or having fun in fancy clubs may make a judge not to believe that your financial problems are genuine.
Finding a Divorce Attorney Near Me
Learn more on the mistakes that you should avoid in a divorce settlement and the general divorce process. Call San Diego Divorce Attorney at 858-529-5150 to speak to a divorce attorney.
