To be granted divorce in California you must fulfill certain “residency requirements.” You or your spouse must have resided in the state for a minimum of the previous six months. What’s more, you or your spouse is required to have lived in the country in which you are filing, for at least the previous three months.
While you or your spouse may claim reasons for the filing of divorce, in California you do not have to do this. You can reduce the stress of divorce by claiming, “irreconcilable differences.” In the end, it doesn’t matter whose fault it is that the marriage is ending; only that it end as quickly and painlessly as possible for all parties involved.
It’s natural for tensions to mount and emotions to fly during divorce proceedings. Oftentimes, no matter what the circumstances are, one or both of the spouses may feel that they are entitled to more assets or money, or that they should receive full custody of the children after the divorce. Don’t worry; it’s not their call.
Here are a few of the more common threats made by vindictive or scared spouses. Please know that all of them are “empty” and hold no bearing on how the divorce will unfold.
1. “I will tell the court what you are doing and you won’t get the kids”
Chances are, whatever they disclose will have no bearing on how well equipped you are to raise or take care of your child.
2. “You can’t take money from me”
California embraces community property law. With few exceptions, everything acquired during a marriage will be considered community property and will be divided equally between you and your spouse.
3. “I’d rather go to jail than give you a dime”
The state of California takes matters like child and spousal support very seriously. There are many tools enforced by the state to make this happen in a fair manner.
4. “You shouldn’t trust your attorney. Mine will represent you better and will save you money”
It is very important that you do not fall for your spouse’s trap when he or she asks you to consider hiring on their attorney. By offering to utilize the attorney that best fits their needs, they may be attempting to take control of the divorce and increase their chances for a favorable outcome.
5. “Because of what you have done, you will never see the kids again.”
The California courts will always have the children’s best interests in mind, which means they would like both parents to see their children on a frequent and continuing basis.
We are happy to provide you with the California Divorce Guide. It is a thorough explanation of the California divorce process, and puts to rest these and other empty threats, as well as offering tips on how to protect yourself prior to filing. It is your comprehensive resource on all aspects of the California divorce process.