When it comes to divorce, emotions run high, and your spouse may go to extreme lengths to get the outcome of the final divorce agreement to land in their favor. There are several sneaky divorce tactics to look out for when financial and child custody issues are part of your separation. Having the support of an experienced divorce attorney can help you avoid becoming a victim of these tactics, so you can reach an agreement that is fair to both parties.
In a California divorce, there is one petitioner (the person who files for divorce) and a respondent (the person who is served the divorce papers). Since California is a “no-fault” divorce state, it doesn’t really matter who the petitioner is, but there are some small advantages to filing first in certain circumstances. For example, if your case requires a trial, the petitioner will present their side first, which can be advantageous for setting the stage of the case.
California is a community property state. This means that property, assets, or debts obtained during the marriage are considered community property, which will all be equally divided between the two during a divorce. Couples can work together to determine who will keep what, but a judge will still need to determine that the split is fair and equal. If you cannot decide how to divide property on your own, the court will do it for you.
Spousal maintenance is another term for alimony or spousal support. Spousal maintenance payments are determined on a case-by-case basis by a judge who considers several factors. The financial means of each spouse, how their needs and income compare to one another, the debts and assets of each spouse, and the length of the marriage are all taken into consideration by the judge. The employability of the supported spouse is also evaluated. There are many factors to consider, and a divorce attorney can assist you in presenting your needs to the judge.
Divorce papers must be served to the other party through a legally recognized process. If your ex-spouse actively avoids the service of these papers by refusing to sign them, not answering the door to receive the papers, or moving to an unknown location, it can make the process difficult. If you are not able to find a person over 18 who can access your ex to serve them the papers, you can also serve them through publication or posting. This means you could publish the divorce summons in a newspaper or at a courthouse. If the other spouse does not respond after a sufficient amount of time, you are free to continue with the divorce process on your own.
At All American Law, our team of Rancho Cucamonga family law attorneys has over 30 years of experience helping couples going through a divorce. We can help you navigate simple cases or support you through complex cases involving child custody, property division, and support payments. We analyze each case individually to provide you with the most effective options for your situation. If you are preparing to file for divorce, and especially if you are worried about your spouse using sneaky tactics during the process, contact us today to schedule a consultation.