Divorce involves a lot of really important decisions. Which means that—between dividing property, divvying up child custody, and figuring out mortgages (not to mention, family pets)—you’ll have a lot to keep track of, post-divorce.
Luckily, there’s one document that’ll have all the answers: your final divorce order.
A final divorce order is a legal document containing all of the decisions made during your divorce. Once approved by your judge, these terms are non-negotiable, and are fully enforceable under California law.
Here’s what you need to know about final divorce orders in California, and how Maples Family Law can help you get the best results possible.
What is a Final Divorce Order?
In California, a final divorce order (or “divorce decree”) is a document that formally ends your marriage, and is something you’ll receive at the conclusion of your divorce proceedings.
Not to be confused with a “divorce certificate” (which merely acts as proof of your marital dissolution), a divorce decree is a judicial order that contains a summary of all the decisions made during your divorce, including all of the rights and responsibilities that will govern your post-divorce life.
Since every divorce is different, no two final orders will look exactly the same. However, some of the items that may be addressed in your final order could include:
Since a decree is essentially just a summary of your divorce negotiations, these terms shouldn’t surprise you. (If they do, then you should probably notify your attorney, immediately).
Exactly how much control you have in deciding these terms can actually vary significantly, however, depending on what type of divorce you choose.
Divorce Types and Divorce Orders
There are some things about a divorce order that are simply non-negotiable (such as child support minimums, which are set by California law, and can’t be messed with). But there are other areas that you and your spouse can exert control over—some more than others, depending on how well you’re able to communicate—and the type of divorce you choose.
Here’s a closer look.
Uncontested Divorce
In California, the fastest way to a final divorce order is through an uncontested divorce.
In this type of divorce, both spouses agree on all the major terms of their breakup, and, with nothing left to “fight” about, these couples can achieve a split by simply compiling their terms into a “marital settlement agreement.”
To be valid, this agreement must be signed by both parties, and should address your collective decisions about property, alimony, and children (if applicable). At your hearing, a judge will review this paperwork, and incorporate the terms into a final divorce order (so long as your arrangement is fair to both sides).
Although it’s the most direct path to a final divorce order—and offers the most control—this type of divorce generally only works for short marriages, those with very little property and no children.
Divorce Mediation
The next best thing to an uncontested divorce route, is through divorce mediation.
Divorce mediation is an informal negotiation process that takes place outside of court, and is sometimes required if you have children. These meetings are supervised by a neutral, third party “mediator,” who acts as a referee, and helps couples reach a settlement without need of a judge.
If successful, the agreement you reach will be codified into a settlement agreement, and submitted to the court for review (much like in an uncontested divorce). In order to be binding, this document must be signed by both parties, and—for best results—should be overseen (and approved) by your trusted family law attorney.
A judge will review this agreement at your hearing, and—so long as it meets certain requirements (such as state child support minimums)—these terms will be incorporated into a final divorce order.
Another alternative dispute method you might try is collaborative divorce. However, if neither of these options work, you’ll have to proceed on to a divorce trial.
Divorce Litigation
Not only is litigation the longest route to a final divorce order, it’s also the least loved. This is because it’s—by far—the most expensive and time consuming of all divorces. In addition, this path offers couples the least amount of control over their final outcome, and is the most stressful and emotionally draining.
In a divorce trial, both sides gather evidence, which will be presented to the court in an attempt to sway a judge one way or the other. Each and every issue—from property to alimony—must be settled this way. And, at the end of this laborious process, you are presented with a final divorce order that consists of decisions you had very little say in making.
Hence, we suggest avoiding this route, if at all possible.
Enforcing a Final Divorce Order
You may not like them, however, once finalized, the terms of your final divorce order are non-negotiable. In California, divorce orders are fully enforceable, and failure to comply can result in some fairly hefty financial and/or legal consequences.
Some of these consequences could include wage garnishments, fines, liens, arrests, jail time, and even contempt of court (a serious criminal charge that will go on an offender’s permanent record).
Before you head back to court, however, try talking to your ex, first. Oftentimes, noncompliance is a result of a simple understanding, or else vague terms that need clarification, and can be resolved without judicial interference.
If there are legitimate reasons things aren’t working, talk to your attorney about modifying your order. As a general rule, contempt of court should always be a last-ditch resort.
Do You Need Help Finalizing Your California Divorce?
Divorce orders have a huge impact on post-divorce life. This document will govern important financial decisions, influence family dynamics, and affect you for years to come—even into retirement. Which is why it’s so important to make sure it’s drafted correctly, the first time around.
If you have more questions about final divorce orders in California, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help you negotiate the best terms possible.
Like all lawsuits, starting your divorce begins with telling the court. And, in California, this is done by filing what’s known as a complaint.
A divorce complaint (also known as a “petition for divorce”) is a legal document that initiates divorce proceedings; it notifies the court of your intentions to dissolve your marriage, asks for their help in doing so, and provides them with the necessary information to help get it done.
Here’s what you need to know about how to file a divorce complaint in California, and what the Maples Family Law team can do to help you start your divorce process.
Before Filing Your Divorce Complaint
A divorce complaint might mark the official kick-off of your proceedings, however, the process actually begins before you start filling in the blanks.
Before you file your divorce complaint, you’ll want to pause and consider these three things:
Residency Requirements. At least one of you must have been a resident of the state for at least six months, prior to filing for divorce, and a resident of that particular county, for at least three.
Type of Divorce. The type of divorce you choose will play a large role in the overall tone of your process. Pay particular attention to whether you qualify for an uncontested divorce. If not, alternative methods such as mediation and collaborative divorce are still much less expensive and time-consuming than traditional litigation.
Select Representation. While you aren’t required to have an attorney, the state of California highly recommends it. An attorney can help you avoid expensive—sometimes irreversible—mistakes, and will ensure your interests are fully represented at all times.
At some point during your divorce, you will inevitably be forced to contemplate each of these three questions. These pre-game warmups will help you determine where you want the direction of your divorce to go, and help you avoid pitfalls, once you’re there.
How to File Your Divorce Complaint
Once you’ve checked all the boxes for your pre-game warm up, it’s time to file your petition for divorce. While there are a lot of small nuances that will go into this, it can essentially be summed up in three basic steps.
Step 1: Acquire and Complete Petition
Your petition for divorce marks the official beginning of your divorce. However, in order to help you, the court will need some important personal and procedural information about your situation (which should be included in your petition). =
Before you sit down to fill out your divorce complaint, make sure to have the following information on hand:
Your personal information.
Your spouse’s personal information.
Your type of separation (i.e. legal separation, divorce, annulment, etc.).
This is the same form you’d use to initiate a legal separation, an annulment, and to terminate a domestic partnership. So it’s important to make sure you’re checking the right boxes when filling out this information.
Step 2: Complete Additional Paperwork
While your petition is certainly important, it is only one aspect of filing for divorce, and, in California, there will likely be other documents you’ll need to include in your packet, before filing.
These documents will vary, depending on the unique circumstances of your case (such as, whether or not you have children). However, some of these additional divorce documents will likely include:
Summons
Proof of Service of Summons
Declaration Under Uniform Child Custody Jurisdiction and enforcement Act (UCCJEA)
Child Custody and Visitation (Parenting Time) Application
Property Declaration
Declaration of Disclosure
Income and Expense Declaration
Schedule of Assets and Debt
When in doubt, best to talk to a family law attorney. Divorce errors can be costly, and can sometimes require you to refile. Hence, it’s best to make sure you have everything you need the first time around.
Step 3: File Your Paperwork
Once you’ve gathered and completed all the necessary forms—and have made at least two copies of everything for your personal records—it’ll be time to file these things with the court.
Divorces are handled at the county level, so you will need to submit these documents to the county courthouse over your jurisdiction.
At this time, you’ll also be expected to pay a filing fee. In California, the filing fee for divorce is $435. If you can’t afford this amount, then make sure to include a fee waiver in your stack of documents to file.
After Filing Your Divorce Complaint
After you have successfully submitted your completed divorce documents to the court, there is still one thing left to do, before you can relax: execute proper service on your spouse.
Service of process is a fancy legal phrase for, “tell your spouse you filed for divorce.” Except, in order for it to count, it must be done properly. This usually requires someone other than you to hand deliver copies of all paperwork to your spouse, and to return proof of service to the court.
A spouse who has been served with divorce paperwork has thirty days to respond. If they don’t, a judge could enter a default judgement in their absence. If they do respond, then you’ll both proceed on to either divorce settlement negotiations, or into preparations for trial.
Either way, the most successful outcome for you lies in making sure you have a trusted family law attorney fighting at your side.
Do You Need Help with a California Divorce Complaint?
Divorce law is complicated and highly nuanced, and–on your own–filing for one can be a daunting task to undertake. However, with an experienced attorney showing you the ropes, it doesn’t have to be as stressful as you might be thinking.
For more questions on how to file a divorce complaint in California—or what to do if you’ve been served with one—we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help guide you through this important process.
Most people have heard of a prenuptial agreement before—the pre-marriage contract that (once upon a time) used to spell out “certain doom” for the soon-to-be-wed couples who entered into them. But for more than a few people out there, the concept of a postnuptial agreement is rather new.
Similar to its pre-marriage counterpart, postnuptial agreements are used to outline certain property ownership rights, and delegate important responsibilities between married partners. However, unlike a prenup, postnuptials aren’t created before spouses get married… instead, these are drafted while they’re married.
But why would you ever want one of those? you might be wondering. And how does that even work?
We’re glad you asked.
Here’s what you need to know about getting a postnuptial agreement in California, and what the Maples Family Law team can do to help you navigate this important marital contract.
What is a Postnuptial Agreement?
A postnuptial agreement is a type of contract that is initiated by a married couple, while they are married, in order to address certain areas of that marriage. It can be drafted to apply retroactively (back to the original marriage date), or to outline how things will operate, moving forward.
When valid, a postnuptial agreement essentially subverts the normal rules and protections of things like community property and marital finances, and inserts the couple’s individual preferences, instead.
Most of the time, California couples use this agreement to manipulate finances, and delegate property ownership (for example, to assign debt, or keep property separate). However, it’s not uncommon for the modern postnuptial agreement to go beyond the nitty gritty of those legalities, and address more personal areas of a couple’s day-to-day life, such as pet custody.
If you’re sitting there thinking that this all sounds an awful lot like a prenup, you wouldn’t be wrong. However, while the two agreements operate in nearly identical ways, there is one important difference:
Prenups are drafted before a couple gets hitched; post-nuptials, after.
If You’re Already Married, Why Would You Need a Postnuptial Agreement?
The short answer is: you might not… but that doesn’t mean you shouldn’t want one.
In days of yore, prenuptial agreements left a bad taste in peoples’ mouths. Many folks (erroneously) assumed they were only useful to the very wealthy, and that the presence of one doomed marriage to failure, right from the start.
These days, however, couples are getting smarter.
Rather than seeing pre and post-marital contracts as a precursor to sudden marital death, these savvy couples are viewing them more like a good insurance policy. They’ve learned from the divorces of parents and loved ones, and want to mitigate the destruction of a potential divorce by agreeing on many of its sticking points, now.
Here’s a closer look at some of the things a postnuptial agreement can and can’t include, and why you should consider this relatively inexpensive divorce “insurance.”
What a Postnuptial Can Include
One of the most expensive and time-consuming aspects of a divorce is property division. Hence, this is often one of the areas couples tend to focus on the most, when drafting a pre or postnuptial agreement.
To this end, a California postnuptial agreement can be used to:
Protect the financial interests of children from a previous relationship.
These contracts can also address the current affairs of the couple’s life, including things like pet custody, chore list responsibilities, and how they will handle things like job transfers and moving out state. Some couples will even try to dictate how much time each has to spend with the in-laws.
As a general rule, however, the more absurd the request, the less likely it is to hold up under judicial scrutiny, since California courts don’t like getting involved in a marriage’s personal affairs.
What a Postnuptial Cannot Include
While there’s a lot a postnuptial agreement can do, these documents are not all-inclusive, and there are some elements you’ll ultimately have to leave up to the fate of a future divorce court.
For example, in California neither pre or postnuptial agreements can include:
Clauses that cover, restrict, limit, or prohibit issues relating to a living or unborn child (such as abortion requirements, and/or the number of children a couple should have).
Clauses that attempt to restrict or require future child support obligations.
Clauses that try to delineate future custody rights and/or visitation schedules for the couple’s children.
When it comes to custody (including all matters involving child support and visitation), California courts have exclusive rights to determine what is in the best interest of a child.
Couples who ignore these rules (and try to include custody, anyway), run the risk of a future court invalidating their entire contract. So it’s best to simply leave those issues alone.
Elements of Valid Postnuptial Agreement
A car insurance policy that cuts corners isn’t worth much in an accident. Similarly, a postnuptial agreement without the right elements won’t be able to save you from the time and expense of a future divorce.
In order to be legally binding, a California postnuptial agreement must be:
In writing;
Voluntarily signed by both spouses; and,
Notarized.
The contract also must be fair to both parties, and must represent a full accounting of all of the couple’s shared and separate income, assets, debt, and property.
Postnuptial Mistakes to Avoid
While drafting your postnuptial agreement, be sure to keep an eye out for these potential pitfalls; if you don’t they could end up invalidating the whole party.
Undisclosed property. Trying to hide something from the court is never a good idea. First off, because it’s almost impossible to do (hello, financial sleuths). And secondly, it could potentially result in some financial and legal retaliation from the court for whoever dunit.
Fairness. The court will not look kindly on an agreement that attempts to leave one half of your duo completely penniless. Don’t be stingy. Make it fair to both sides, otherwise you’ll end up in court, anyway.
Timing and Duress. Any kind of signing deadline or ultimatum is a sure-fire way to get your agreement invalidated. These are serious financial considerations. Hence, if you rush or press your partner to sign, then the court may question whether the agreement was actually fair.
Representation. It’ll be much easier to argue that your contract is fair, if each side has their own attorney, while drafting your contract. While not as cheap as a D.I.Y. agreement, proper representation now will be significantly less expensive than divorce court, later on.
Cost of a Postnuptial Agreement
In California, postnuptial agreements don’t get filed with the court right away. This is simply a contract between you and your spouse, which can be produced to help mitigate and settle divorce issues, if the need ever arises. As a result, there’s no filing fee. The only cost you will have will be for your attorney.
Most family law attorneys bill at an hourly rate—regardless of the issue. However, with pre and postnuptial agreements becoming more popular, it’s not uncommon for some to offer a flat fee for these services.
While exact prices will vary between firms, hourly rates often run between $250-$400, with flat fee services often starting around $1,000.
How Long Do I Have to Wait to Get a Postnuptial Agreement?
It’s your wedding day and you just said, “I do.” Congratulations! You now qualify for a postnuptial agreement.
In California you do not have to be married for a certain amount of time in order to draft one of these contracts. The only hard line is marriage. So long as you meet that single requirement, you can call up your family law attorney today, and get the process started.
Do You Need Help Drafting a Postnuptial Agreement in California?
Pre and post-marriage agreements don’t spell out doom for a relationship. Far from being a harbinger of death, these contracts act as an insurance policy. They protect couples against the possibility of a future divorce trial, and ensure that each spouse is in the relationship for the right reasons.
If you have more questions about pre or post-nuptial agreements in California, we want to hear from you. Call the Maples team at (209) 989-4425, or get in touch online, and let us help protect your interests against an outcome we hope will never come.
The only thing more stressful than a divorce is having to go back to court, to enforce the divorce order that your judge already handed down. (As if the first time wasn’t enough, right?)
Unfortunately, that’s exactly what some people have to do.
Whether you like them or not, the terms of your divorce are not optional. California courts will expect you to obey them, and failure to do so can result in some fairly significant financial and/or legal consequences—including a charge for contempt of court.
Here’s what you need to know about contempt of court in California, and what the Maples team can do to help you navigate these serious claims.
Contempt of Court: 101
Contempt of court occurs when someone willfully or intentionally refuses to comply with a court order. This is a criminal charge (meaning that it isn’t handled by civil courts) which can result in steep fines, and—yes—even jail time.
Before you run out and immediately call foul on your ex for screwing something up, though, take a step back and consider whether this hefty charge is really necessary.
In our experience, most non-compliance comes down to a simple misunderstanding—maybe the order was vague, or a certain requirement got overlooked. These errors can usually be figured out without going to court, and certainly without needing to charge someone with contempt.
For contempt to be appropriate in divorce, the level of defiance has to be fairly significant, and/or the subject matter quite serious. (Meaning that a dispute over pet custody or grandma’s heirloom silver likely won’t cut it.)
Examples of situations where contempt might be appropriate include:
If one of these scenarios sounds familiar to you, then you may be able to file for contempt, so long as you meet the elements.
Elements of Contempt of Court
A charge of contempt commences when someone files an “Affidavit for Contempt.” However, you won’t get very far in this process unless you also have all of the right elements.
In California, these elements require you to provide proof that:
There was a valid court order in place. In addition, the terms must be clear; California courts are unlikely to punish someone over a vague or poorly worded order.
The accused knew about the court order. A quick text won’t cut it here; instead, the accused must have received notice via proper service.
The accused willfully violated the court order. This element can be a bit tricky, but usually requires some sort of purposeful refusal to comply—meaning an accidental oversight or misunderstanding won’t be enough. Here, the accused knew about the obligation, and still refused to comply.
A claim of contempt that can’t check all these boxes is unlikely to be successful in California court.
Rights of the Accused
To protect the rights of the accused, California legislatures have outlined certain due process rights for those who have been charged with contempt.
In layman’s terms, “due process” is basically just fancy legal jargon that refers to a system of rules and rights that protect people who have been charged with a crime. Due process ensures that whatever legal process follows is done correctly, and that someone isn’t unfairly charged or convicted.
Those who are charged with contempt of court in California, also enjoy these due process protections. Some of which include:
The right to be notified of the charges against you. This notice must have been done via proper service; a text or casual email won’t cut it.
The right to have representation. Every person has the right to an attorney. If an accused can’t afford one, then the state is obligated to provide one for you.
The right to a hearing. California residents have the right to be present when charges are brought against them. At this time, they have the right to present their defense, and to cross examine any witnesses brought against them.
The right to a jury trial. Since contempt is a criminal charge, in some situations, an accused may even have the right to a trial by jury (although, the law is a little vague on exactly when this would be appropriate).
The right to have the charges dismissed, IF their accuser can’t meet their burden of proof.
Consequences of Contempt of Court
If a California judge upholds a charge of contempt, then the penalties will vary, depending on what terms of the divorce order were violated. However, some of these punishments might include:
A $1,000 fine;
Mandatory community service;
The seizure of assets;
Suspension of licenses;
Liens on property; and even,
Five days of jail time for each instance of contempt.
These are just some of the potential consequences for first time offenses. In California, the punishments for contempt of court will increase in severity, if convicted again. And even more for third time convictions, so it’s not something you want to mess around with.
At the end of the day, however, the ultimate goal of contempt is to pressure another party into complying with a valid court order, and you don’t always have to use contempt to do that.
To find out more about enforcing divorce orders in California, speak to your family law attorney today about your options.
Do You Have More Questions About Contempt of Court in California?
While contempt of court is a less commonly used method of enforcement, it’s still a possibility—especially in cases of extreme and repeated instances of noncompliance. And whether you need help fighting this charge, or pursuing it, you’ll need an experienced family law attorney on your side.
If you have more questions about contempt of court in California, and how it will work in your situation, we want to hear from you. Call Maples Family Law today at (209) 989-4425, or get in touch online, and let us help you navigate this important issue.
The last thing anyone wants to do after getting divorced is head back to their attorney’s office for post-divorce services—especially if those services involve enforcing a divorce order.
Unfortunately, that’s exactly what a lot of people have to do.
On the bright side, divorce orders are not optional, so this is one lawsuit you’re likely to win. These directives are like personalized laws made just for you and your ex, and failure to comply can carry significant legal and financial consequences.
Here’s what you need to know about enforcing a divorce order in California, and what the Maples Family Law team can do to help you navigate this stressful situation.
What is a Divorce Order?
A divorce order (or “divorce decree,” as it’s sometimes referred to in California) is a legal document that formally ends your marriage, and encompasses all the terms of your divorce.
These terms are kind of like directions, which tell the individual spouses what they need to do, after divorce. Some of the edicts might include:
These terms are specifically constructed to fit each family’s unique situation, and whatever your judge includes in this order must be followed by both parties.
However, that doesn’t always mean that they are…
Enforcing a Divorce Order in California
So now you’re here. Your divorce is over, the ink on your decree is dry, and you thought things would start getting back to normal, but they aren’t. Because your ex is refusing to follow the judge’s orders.
What now?
If you are dealing with an uncooperative ex, here are five steps you need to take when enforcing your California divorce order.
1. Make Sure You’re Squeaky Clean
First and foremost, do not open that “motion to enforce” can of worms until you’re absolutely sure you’re all caught up on compliance, yourself. Heading back to court any time before that is too risky because your judge certainly won’t be wearing blinders in that hearing.
Once you file a motion to enforce, the court has the liberty of reviewing all the terms of your divorce order—not just the ones you want to complain about. Which means they’ll be reviewing the things you may or may not be lax on, yourself.
Don’t give your judge the opportunity to find something wrong with you, too. Before doing anything—especially going to court—be sure that you’re 100% compliant with your own responsibilities. Otherwise, things could backfire.
2. Figure Out Exactly What They Aren’t Doing
While making sure your own compliance is up to snuff, be sure to take a look at your divorce order, and identify the specific terms that your ex is not complying with.
Whether they’re late on child support, have failed to vacate the house, or aren’t following through on specific custody or visitation arrangements. Whatever it is, be specific. Know the exact terms and the precise violation.
This attention to detail will help you document the problem more accurately. In turn, having specific, targeted evidence will help you negotiate succinctly with your spouse, and strengthen your arguments, if you do end up going to court.
3. Gather (Specific) Evidence
Now that you know the exact violations, you can start gathering specific evidence to support your complaints. If they aren’t keeping up with visitation schedules, then keep a journal of dates and times when things went wrong, as well as the conversations you’ve had to try and remedy the issue.
On the other hand, if they aren’t following through on alimony, or debt responsibilities, then perhaps gathering financial documents might be helpful.
Whatever the infraction, strong evidence will help you meet your burden of proof as the injured party, if you end up having to litigate.
4. Talk to Your Spouse
Hopefully, you’ve been doing this step the whole time, but if you haven’t yet, we recommend trying to work things out with your ex, before heading back to a judge.
As you already know, attorney’s fees don’t come cheap. While an injured party is often able to recover these expenses, it’s not necessarily a guarantee, and it’s always easier to just not have to in the first place.
Sometimes individuals are capable of working things out on their own. Other times, the structure of mediation is more effective. Either way, it’s almost always better to exhaust your “out of court” options before trying anything else.
5. File a Motion for Contempt of Court
If negotiations fail, then the only option you have left is to file a “motion for contempt” with the court.
Contempt essentially means that someone has either intentionally (or negligently) failed to follow direct orders from a judge. When filed, this motion should highlight the specific areas of the complaint that were violated, and list the reasons why contempt is the appropriate charge.
After you file this motion, your ex will have the opportunity to respond, and then both of you will be assigned a hearing date. At that time, you’ll be able to present all of that carefully gathered evidence you acquired in Step 3.
Contempt is a serious criminal charge, which can result in steep legal fines and even jail time. If your ex is not complying with your divorce order, talk to your family law attorney about whether or not this motion is appropriate for your situation.
Attorneys Who Can Enforce a Divorce Order in California
Going to court was stressful the first time around, and the last thing you want to do is head back there again. Unfortunately, sometimes that’s the only way to get an ex to cooperate, which is why you need an experienced family law attorney on your side.
If you have more questions about enforcing a divorce order in California, and whether legal action might be necessary in your situation, we want to hear from you. Call the Maples team at (209) 989-4425, or get in touch online, and let us help ensure your rights are being protected.
Divorce is never easy, but for families struggling with domestic violence, the transition can be even more complicated—especially for those who have children, need to file a restraining order, or are worried about retaliation.
Each state has different laws for handling domestic violence during divorce. In some jurisdictions, these offenses can warrant the filing of a fault-based divorce, and end up affecting the division of marital property in favor of the abused spouse. They can also impact child custody, alimony, and even result in criminal charges.
Here’s what you need to know about how domestic violence can impact your divorce in California, and what the Maples Family Law team can do to help you navigate this rocky transition.
Overview of Domestic Violence
In California, domestic violence is defined as any abuse—or threat of abuse—that comes from a romantic partner.
Naturally, this definition includes a spouse, but it actually goes further, encompassing any type of romantic relationship, such as someone you’re living with, a domestic partner, a co-parent you share a child with, and even just someone you’re dating (or used to date).
Under this definition, abuse can come in many different forms, and—according to the domestic violence guidelines on the California.gov website—can include things such as:
The act of physically hurting (or trying to hurt) someone, either intentionally or unintentionally;
Making someone think that they (or someone they love) is going to be hurt;
Sexual assault;
Harassment, stalking, threats, and disturbing the peace; and even,
The destruction of personal property.
As you can see, this type of abuse does not require physical contact with another person—or even their property—in order to be considered domestic violence. It can be as subtle as emotional abuse and threats levied against someone you love, and can even include unintentional physical harm.
But, what does this mean when filing for divorce?
Here are some of the ways that domestic violence can impact your divorce, including the division of marital property, child custody, and alimony.
Domestic Violence and Marital Property
At its most basic form, marriage is just a contract; a commitment between two people, who want to be seen as a single entity in the eyes of the law. That’s why several states allow individuals to file for divorce under fault-based grounds.
In a fault-based divorce, the court can assign blame, and hold one spouse financially accountable for their part in the marriage breakup. This is typically done by awarding the victim a larger share of the marital property.
Along with things like infidelity and drug abuse, domestic violence is one of the primary grounds used in these jurisdictions for filing under fault. That being said, California is not one of those states.
As a strictly, no-fault divorce jurisdiction, you cannot file for divorce in California using domestic violence as your grounds. In addition—because judges cannot consider guilt or blame when dividing marital property—you also cannot use domestic violence to receive a greater share of your community pot.
However, that doesn’t mean domestic violence can’t impact your divorce at all…
Domestic Violence and Child Custody
One of the biggest ways domestic violence can shape a California divorce, is in the area of child custody.
In California, custody decisions are made based on what is in a child’s best interest. This legal standard is driven—not by what parents want—but by what will serve a child’s long-term health and welfare the best.
Under these guidelines, sole versus joint custody decisions are determined by weighing factors such as:
Each parent’s ability to care for their child, post-divorce.
Any history or threat of domestic violence.
Any history of drug abuse.
When considering domestic violence, it is not even necessary that the child has experienced the abuse themselves. In California, domestic violence is still a consideration, even if the harm was only ever carried out on the child’s other parent.
Domestic Violence and Alimony
According to the California Family Code, courts are also required to consider domestic violence when making decisions about alimony.
Alimony (or “spousal support”) are regular payments that a judge orders one spouse to pay the other, in order to help support their care after the breakup. This money is often awarded to a homemaking spouse, to help get them back on their feet after so many years out of the workforce.
In California, judges cannot require victims of domestic abuse to pay their spouse alimony, however, this is somewhat contingent on what evidence is available at the time of divorce.
A conviction of domestic violence within the past five years is the strongest type of evidence. If available, this creates a “rebuttable presumption,” which essentially means that the court has to operate as if the abuse exists/existed. As a result, a victim of this violence cannot require to:
Pay temporary or permanent spousal support; or,
Pay their spouse’s attorney’s fees from separate property.
If you don’t have a conviction, you may still be able to get an exemption from alimony. Talk to your attorney about what evidence you may need, and be sure to document any further abuse in as much detail as possible, since the state may want to file criminal charges, as well.
Domestic Violence and Criminal Charges
Domestic violence might have been the reason you decided to file for divorce, but it’s also a crime, and—depending on the severity of the offenses and the available evidence—these actions could be enough to land your spouse with criminal charges.
But what, exactly, does that mean? And how does a criminal charge differ from what you’re doing in divorce court?
Civil vs. Criminal Court
In the United States, there are two main branches of the court system:
Civil court
Criminal court
Criminal court deals with offenses like rape, theft, battery, assault, and so forth. These are harmful crimes committed by one person against another, and can result in fines and even jail time. In a criminal case, the state acts as the prosecutor against the accused.
On the other hand, a civil case is filed by an individual (or business) against another individual (or business). This branch handles pretty much everything that criminal court does not, including real estate transactions, business, contracts, probate, economics, family law, and so forth.
Divorce—like adoption and child custody—is a subset of family law, which means that these cases are generally held in civil court. However, when domestic violence is involved, civil and criminal courts often intersect.
Depending on your situation, the state of California might decide to file criminal charges against your spouse for domestic violence. If they do, these charges will be filed as a separate case, held in criminal court, and handled by a criminal court judge.
Unfortunately, while domestic violence is always a crime, it’s also often a secret crime—one whose harm doesn’t always leave a mark. Hence, in many situations, the state lacks the necessary evidence to prosecute.
California Domestic Violence Resources
It’s important to understand that—even without a bruise or scar—domestic violence is never okay. California courts take these crimes very seriously, and if you or a loved one are currently experiencing abuse, it’s critical that you talk to law enforcement (as well as your family law attorney), to figure out the best course of action in your situation.
If you don’t know where to start, or simply need help, these online resources can assist you with the process:
These sites can help you find a shelter, retain a free or low-cost attorney, and walk you through the steps for things like filing for a restraining order.
In the meantime, if the danger is immediate, don’t wait, and call the police right away.
Domestic Violence Divorce Attorneys in California
If you are dealing with domestic violence in your marriage, the most important thing to do is to keep yourself—and your children—safe. The next step is to get out of the situation as quickly as that safety will allow.
If you have more questions about domestic violence in California, and how this might affect your divorce, we want to help. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and together, we can figure out the next best step for you.
Divorce and custody go together about as often as peanut butter and jelly. Hence, it’s easy to see why parental rights and marital rights sometimes get mixed up.
But—just like you don’t have to pair peanut butter with jelly—you also don’t have to be married to be a parent. Which is why parental rights are kept completely separate from the marriage relationship.
Hence, whether you are married, divorced, widowed, partnered, single, or unmarried, parents everywhere have the same rights and responsibilities to their child, regardless of relationship status. That being said, unmarried parents may still face some additional hurdles, when it comes to child custody.
Here are some of the most common questions that arise for unmarried parents in California, and how the Maples Family Law team can help you navigate these challenges.
Presumption of Parenthood
We meant what we said in our intro about parental rights: all California parents have the same parental rights and obligations, regardless of relationship status.
But if that’s true, you might be wondering, then why do unmarried parents in California face additional challenges?
The primary reason that unmarried parents are in this conundrum is because of California’s presumption of parenthood, which assumes that any child born into a marriage is the legal offspring of the individuals in that marriage.
This presumption is great, if you’re a legally married couple, because it allows you to automatically assume the mantel of parenthood (and all of its accompanying rights and responsibilities) without any hoopla. However, there are two main instances when the parenthood presumption falls short:
When both parents are unmarried.
When one parent is married, and the other is not (a.k.a.: adultery).
In both of these instances, California’s presumption of parenthood either wrongly presumes who the parents are, or simply fails to cover one half of the duo, altogether.
Because of this, unmarried parents may have a few more hoops to jump through, in order to establish themselves as legal parents—however, this does not mean that the rights of unmarried parents are any different.
The Rights of Unmarried Parents
Whether adopted or biological, the job of a parent comes with a lot of authority, decision-making power, and responsibility over a child. This authority is what’s roughly defined as child custody, which is divided into two main categories:
Legal Custody—the right to make decisions on behalf of your child, and to determine how they will be raised.
Physical Custody—the right to see your child, spend time with them, and have them live in your home.
These parental rights are given a lot of deference by California courts, and—whether you are married or unmarried—they will not be taken away unless it’s absolutely necessary for a child’s best interest.
However, because the presumption of parenthood falls short, unmarried parents will need to establish themselves as a child’s legal parent, before they are able to exercise these rights.
Establishing Parentage
The nature of the birthing process doesn’t leave a lot of room for doubt as to who a child’s mother is. Hence, a birth mother is automatically considered a child’s legal parent—with full legal power and parental authority—as soon as her child is born.
Unmarried fathers, on the other hand, are not given this automatic presumption, unless they have already been living with their partner in a family-type setting prior to birth. If not, however, the unmarried father will be unable to claim rights to things like custody or visitation until they are recognized by the court as a legal parent.
This can be done one of two ways:
By mutual consent of the parents, upon the child’s birth.
Through a court trial.
Here’s a closer look.
1. Consent at Birth
The easiest way to establish paternity is for both unmarried parents to sign a Declaration of Parentage, upon their child’s birth.
If this form is completed before you leave the hospital, then an unmarried father can be included on their child’s birth certificate right from the get-go. However, this declaration can also be signed later on—even after the birth certificate has been issued—so long as it is voluntarily executed by both parents.
In the event that an unmarried mother refuses to recognize her child’s father, or, if the father does not want to take responsibility for their child, then things will need to be settled in court. Which brings us to the second method of establishing parentage.
2. Court Contested Parentage
The second way to establish parentage is through a judge.
This is obviously a more complex (not to mention emotional) method of establishing parentage. On the bright side, however, these days it is also a fairly straightforward process, thanks to DNA testing.
In California, either a mother or a father can file a parentage case, so long as they meet California’s six months residency requirement, and can show that they have a valid claim.
Typically, the court will respond to these petitions by ordering a non-invasive DNA test (or, in other words, a mouth swab). Refusing to take this test is usually considered an admission of guilt, and the court will assign parentage, accordingly.
Keep in mind, however, that you can’t take the perks of parenthood without the responsibilities. If the court determines that you are, in fact, a child’s legal parent, then you will be responsible for more than just playtime and decision making—you’ll also be on the line for your child’s care, too, which will likely include child support.
Once this parentage is legally established, both parents will need to draft a parenting plan, which will organize your respective rights and duties as co-parents.
California’s Third Parent Law
Historically, same sex couples have faced a lot of problems in the areas of parentage and child custody. This is because—even when they are legally married—it’s impossible for both spouses to be their child’s biological parent.
Because of this, the presumption of parenthood is inherently prejudiced towards them, acting as a barrier to legitimate parents, who are unable to assume parental rights upon their child’s birth.
The problem is, of course, how do you extend these rights to same sex parents, without accidently infringing on the rights of a birth mother (who may not want to give up her rights, altogether)?
Thankfully, California legislatures are working hard to address these issues, and in 2013 they adopted a groundbreaking “Third Parent Law.” Under this new rule, three, gender neutral parent lines are now provided on a child’s birth certificate, allowing a birth mother to retain her rights, while also giving committed, same sex couples and spouses full parenting rights immediately upon their child’s birth.
Unmarried Parents Attorneys in California
Whether you’re a peanut butter and jelly couple, a single condiment parent, or some other kind of sandwich, altogether, parental rights are the same, regardless of your relationship status.
Hence, if you’re an unmarried parent in California, and have more questions about the rights and obligations of you and your child’s other parent, we want to hear from you. Call the Maples team at (209) 989-4425, or get in touch online, and let us help ensure your child’s best interests are being met.
Your house is more than just a roof over your head… Not only does this structure act as the sacred keeper of your family’s memories, but it’s also often the most significant investment a married couple will make.
Hence, if you find yourself worried, wondering: Who gets the house? in your divorce, don’t fret. You aren’t alone.
Here’s what you need to know about who gets the house in a California divorce, and how the Maples Family Law team can help you navigate these important issues.
Who Gets the House: It Starts with Community Property
In California, a house is considered property. Hence, just like your car, bank accounts, debt, and that heirloom silverware your grandmother left you, this structure is subject to the same rules of community property, if you ever get divorced.
Community property is one of two systems that US courts use to divide marital property, which focuses on ensuring each partner gets an equal share of marital assets. Here, the timing of when you got married (as well as when you acquired the property) will be important to determining how much of your joint assets you’ll ultimately walk away with.
To make these decisions, California courts will follow these four steps:
Identify all of the couple’s property.
Classify all property as either separate or marital.
Value all marital property.
Divide all marital property between spouses.
Here’s a closer look at each of these steps, and how they specifically apply to our question: Who gets the family house?
Step 1: Identify
First thing’s first: identify all of your property.
This ‘role call’ might sound silly (after all, how hard is it to identify a house?); however, it’s not just the house you’ll need to identify. During this step, you’ll need to produce documentation on everything you own, including all assets, real property, retirement accounts, debt, loans, credit cards, and investments.
While these assets might not directly relate to your house, knowing exactly what you have will be important during the valuing and division phases. (After all, the court can’t divide a home’s value fairly, without knowing what else the couple owns.)
Identifying property also acts as an important accounting step, to ensure that neither spouse is trying to hide assets from divorce court.
Step 2: Classify
Once property has been identified, the court will need to classify everything as either separate property (a.k.a. “individually owned” property), or marital property (a.k.a. “it belongs to both of you” property).
In a community property jurisdiction, anything acquired before or after marriage is considered the separate property of whoever brought it into the marriage. In addition, gifts, inheritances, and awards of personal injury are also considered separate—regardless of when they were received.
On the other hand, anything acquired while married—be it a paycheck, loan, credit card, or winning lottery ticket—belongs to both, equally, regardless of whose name it’s in. (Which, of course, is why your date of separation is so important, and why it’s a good idea to formalize it with a legal separation.)
Hence, in an extremely general, very sanitized scenario, a house purchased prior to marriage would possibly be considered separate property, and one purchased during marriage, marital property.
However, life is never that simple, and there’s a really good chance that at least some of the home’s value belongs to the marriage—even if it was purchased prior to tying the knot. (More on that to come…)
Step 3: Value
Next, the court will assign a price tag to all of your marital property, including debt, investments, retirement accounts, and even bitcoin, too.
Pricing everything out is important to our house question, because a physical structure can’t be cut in half (sorry, Solomon!). Hence, only one spouse will be able to actually keep the house. The other will need to be compensated with a greater share of marital property, to make up the difference in value.
Step 4: Divide
Finally, it will be time to divide the house and your marital property. To this end, couples can either:
Sell the house and split the value.
Spouse A keeps the house, and refinances the mortgage to remove Spouse B from the loan.
Spouse A and Spouse B agree to temporarily keep the house together.
Typically, the simplest option is to simply sell and split the value. In California, courts can’t force lenders to remove someone from a valid contract. Hence, sometimes complications can arise with refinancing.
Then again, if kids are involved, it might be better for the custodial parent to keep the house for their emotional stability.
In the end, there are pros and cons to each option, and it will be up to the couple and the court to determine which is best for their situation.
Who Gets the House: Complications
So far, we’ve made the house dividing process sound very neat and clean, but the truth is, it’s usually anything but.
For example, let’s say Spouse B purchased a house before getting married. This structure might have started out as separate property, however, once married, it was almost certainly paid for, maintained, or upgraded using marital funds at some point. Hence, there’s a good chance Spouse A shares at least some of the value in Spouse B’s home.
On the other hand, consider the possibility that Spouse A used separate money (like… say… funds from an inheritance) to finance a major upgrade on a house purchased after marriage. In this scenario, it’s possible Spouse A owns a share of the home’s value as separate property, even if it was purchased while married.
Bottom line? Short of a valid prenuptial agreement, the question of who gets the house is not an easy one to answer. That’s why it’s so important to have an experienced attorney looking out for your interests during this process.
Divorce Attorneys in California
Your house might just be the biggest investment you made as a couple, so it’s pretty important to make sure its division is done right. That’s why we hope you’ll trust our experienced team to lend a hand in your divorce.
If you have more questions about who gets the house in a California divorce, and how these rules might affect your situation, we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and let us help fight for your best interests.
One question that clients sometimes ask us is, “What happens if my spouse is dating during divorce?”
It’s a fair question. Until the ink dries on your order, you’re still technically married, and in many jurisdictions, infidelity can have a significant, detrimental impact on how divorce proceedings shape up—particularly when it comes to things like property division and alimony.
So, what does that mean for you? Do you need to be worried about dating during divorce in California?
We’re glad you asked.
Breaking the Marriage Contract: Fault or No-Fault?
Marriage might mean a lot of things to a lot of people, but for legal professionals it all boils down to a contract; a legally binding agreement for two adults who have decided to share their lives together.
Divorce, then, is the opposite. It is the severing of one life into two, so to speak. When this happens, the marriage contract (which was created on your wedding day), must be broken.
In general, there are two ways to do this: 1) No-fault Divorce, where neither party shoulders blame for the breakup; and 2) Fault Divorce, where the guilty party is held accountable for their role in the marriage’s failure.
Back in the day, pretty much every jurisdiction required you to show proof of fault in order to get a divorce. These days, however, it’s the opposite, with every state now offering some kind of no-fault divorce grounds, and most doing away with fault, altogether.
But how does fault apply to dating during divorce? you might be wondering.
Because, dear reader, in some jurisdictions, dating during divorce could actually trigger a claim for fault-based divorce grounds.
Dating During Divorce and Fault
Fault-based divorce grounds come in a variety of shapes and sizes, from felonies to infertility, and other things in between. However, the one thing that all fault states have on their Naughty List, is infidelity.
Infidelity (or adultery) is when two people engage in sexual relations, and at least one of them is already married… to someone else.
In a fault-based jurisdiction, this could potentially mean the cheater gets less marital property, less alimony, and/or saddled with more than their fair share of marital debt. All of which is meant to penalize them for causing the marriage contract to fail.
Of course, dating during divorce doesn’t always lead to sex, but it often does, and those who do are leaving themselves wide open to grounds for adultery—claims that can have some pretty catastrophic ramifications for cheaters living in a fault-based jurisdiction.
However, luckily for cheaters in the Golden State, California is not one of those jurisdictions.
California and Fault-Based Divorce
California is one of the many states that have completely done away with fault-based divorces. So, not only are you (legally) permitted to commit adultery to your heart’s content, you can also date during divorce without having to worry about putting your share of marital property in danger. (Not that we’re promoting adultery or anything, here, because obviously, that’s not cool. We’re just saying that dating isn’t likely to raise any legal red flags.)
The only way cheating might be held against you in divorce court, is if you included an infidelity clause in your prenuptial agreement. So long as the prenup is valid, the court will likely enforce whatever penalties you willingly submitted yourself to when you got married.
That being said, even if you aren’t having sex, there are still a few things you might want to be warry of, if you’re thinking about dating during divorce.
Dating During Divorce in California
Alright, so you’re legally permitted to commit adultery in California. Cool. So, does that mean dating before everything is official never impacts a divorce’s outcome?
Not exactly.
While California courts won’t consider fault—and, by extension, infidelity—when dividing up assets, there are a few things you might want to remember, before powering up your Tinder profile…
1. Marital Money Doesn’t Belong to You, Alone
California courts might not penalize you for having an affair, but that doesn’t mean you’re free to spend marital assets on your new squeeze.
California is a community property state, which means anything that either of you acquire after marriage, belongs to both of you equally—no matter whose name is on that paycheck. This means that if your divorce isn’t finalized yet, you’re not just spending your money on your dates. You’re spending your spouse’s money, too. (Awkward.)
Hence, your judge will likely require you to reimburse whatever money you spent on dates before divvying up marital property. And, depending on how discreet you were (and how long you were dating before divorce), this could end up being a lot.
2. Don’t Neglect Your Children
Just like dating won’t directly affect marital property, neither will it directly affect your custody arrangement. However, it could have an indirect effect…
In California, custody decisions are made according to the best interest of the child. If you are neglecting your child in favor of your dating life, or if your dating life is exposing them to harm in some way, then the court might think twice about how large a role you should play in your child’s life, post-divorce.
Bottom line? If dating during divorce, keep your priorities straight, and remember that being a parent comes first.
Dating During Divorce: Just Don’t
Like with many things in life, just because you can date during divorce, doesn’t mean you should.
Breaking up with a spouse is extremely stressful. This is someone you once loved enough to say, “I do,” so even if you know it’s the right decision, there will still be a lot of complicated emotions clouding the waters. (Not to mention demands on your time). And those aren’t the most ideal conditions for starting a new relationship.
Do yourself a favor, and simply don’t date during divorce. Your kids need you right now. You need you right now. Wait until everything is finalized; until you’re in the right frame of mind to give your full heart to someone new.
Trust us, you’ll be glad you did.
Divorce Attorneys in California
While dating during divorce is unlikely to have a direct impact on your breakup, it’s not necessarily the best idea—especially when kids are involved. If you have more questions about why, or want to discuss other divorce-related questions, we want to hear from you. Call the Maples team at (209) 989-4425, or get in touch online, and let us help this process run smoother for you.
Those who are impacted by mental illness—whether personally, or indirectly, through a loved one—know that these unique issues don’t respect boundaries. The effects of mental illnesses (such as anxiety, depression, OCD, and addiction) stretch across every aspect of life, affecting everything from the everyday, to the atypical, includingdivorce.
Which is why it’s so important to address how mental health and divorce interact. Not just in terms of how these issues might impact your split, but in how divorce, itself, might affect you.
In this article we’ll introduce some of the biggest questions that often arise when mental health and divorce collide, and outline how the right attorney can help you navigate these complex matters during your California divorce.
Mental Illness and Filing for Divorce
Many clients wonder whether the mere existence of a mental illness—either in themselves, or their partner—will prevent them from securing a divorce.
The answer is a firm no.
While “insanity” is a legitimate defense to criminal charges, it will not prevent you from getting a divorce from a mentally ill spouse. This is because family law (including divorce) falls under civil court jurisdiction, not criminal court. Hence, the same defenses don’t apply.
California courts will never force you to stay married, just because your spouse suffers from a mental illness.
Mental Illness and Marriage Annulment
Mental capacity is a key element to negotiating any valid contract, and this includes a marriage contract. This essentially means that both parties know what they’re doing (getting married), and that they are both old enough to make that decision (in California, eighteen).
Without this mental capacity—say, if you’re too drunk, too high, or underage to know what you’re doing—it’s possible to get a marriage annulled. And it’s definitely possible to see how a mental health crisis might prevent someone from having adequate mental capacity for marriage.
However, in order for an annulment to stick, you can’t have gotten better after the marriage. Hence, if the individual had a mental illness, but then recovered and lived freely in a marital relationship afterwards, then a judge will not annul the marriage.
Mental Illness and Grounds for Divorce
Mental health issues often come up when couples cite their grounds for divorce.
In legal speak, your “grounds” tell the judge why you want to get divorced. Grounds are a required part of your divorce complaint, and in some jurisdictions, can be used to assign blame to one spouse for breaching the marriage contract.
Grounds that request some kind of guilt be placed on one party or the other are called “fault” grounds. Grounds that do not attempt to assign blame are called “no-fault” grounds.
California is a solidly, no-fault divorce state, meaning judges will not consider fault when dividing marital assets or alimony. Instead, couples filing for divorce must choose between one of two no-fault divorce options:
Irreconcilable differences
Incurable insanity
1. Irreconcilable Differences
Irreconcilable differences essentially mean that you are no longer able to reconcile with one another, and want out. When filing this way, neither party needs to back up this claim with proof, and no one is held liable for the breakup.
Because it’s so quick and painless, this is by far the most common grounds cited for divorce in California.
2. Incurable Insanity
Incurable insanity, on the other hand, is rarely cited as grounds for divorce, since the burden of proof is so high. In order to file under these grounds, you must show that your spouse lacks legal capacity.
Legal incapacity occurs when someone doesn’t have the mental wherewithal to make decisions, and may manifest as:
An inability to stay alert and attentive;
An inability to process information (such as memory or communication);
A detachment from reality (such as the existence of delusions or hallucinations); or,
An inability to control mood and affect.
Not only must you provide proof from multiple physicians that these elements exist, but these experts must also testify that your spouse is unlikely to ever recover. Which—considering the unpredictable nature of mental illness—is a very difficult diagnosis to procure.
Furthermore, when mental illness really is that severe, your judge will need to assign your spouse a guardian, who will look out for their interests during divorce process.
Because of all these complexities, most couples choose to simply file for irreconcilable differences, instead.
Mental Illness and Child Custody
Mental illness does not directly influence decisions about child custody. However, depending on the condition—as well as the severity of the symptoms—it’s possible that mental health could still indirectly influence custody.
This is because in California, custody decisions are made according to the best interest of the child. Here, everything from primary residence, visitation, and child support are determined based on which outcome will serve a child’s long-term health and happiness the best. This is done by weight a number of individualized factors, including:
The child’s age and preference (if old enough);
The child’s health and need for stability;
The child’s relationship with each parent;
Each parent’s ability to care for their child; as well as,
Any history of domestic violence, abuse, or neglect.
As you can see, while mental illness isn’t a direct consideration, it can still significantly contribute to many of these factors. Especially when it comes to violence and neglect, or if the mental illness prevents the parent from providing a stable home for their child (such is often the case with drug and alcohol abuse).
Regardless of the circumstances, the court will put the child’s needs above all else, while maintaining parental rights as best as possible within that scope.
Mental Illness and Property Division
Since California is a no-fault divorce state, it’s unlikely that mental illness will have any impact on the division of marital property.
California is a community property state, which means that anything acquired after marriage belongs to both spouses equally—regardless of whose name is on the paycheck, deed, loan, or card. Hence, without fault to influence this decision, all of this shared property will be divided equally, upon divorce.
Mental Illness and Alimony
In some cases, mental illness affects a spouse’s ability to hold down a job, post-divorce. These individuals may struggle to make ends meet, and to maintain their marital standard of living, once divorced.
In these situations, the court may require the stable spouse to make spousal support payments to help out. Though, the court is highly unlikely to require this when the mental illness is related to alcohol or drug abuse.
Mental Health During Divorce
When it comes to divorce, it’s not just about how preexisting conditions can affect your breakup. It’s also about the way the breakup affects your mental health.
Divorce is an extremely stressful and emotional process—even for people who don’t have mental health problems. That’s why it’s so important to make sure you’re mindful of your own equilibrium throughout the entire divorce process.
For some people, maintaining good nutrition, getting enough sleep, and exercising are adequate. Others might benefit from therapy. Parents, especially, shouldn’t neglect themselves in this regard, since it’s difficult to support a child’s emotional needs when you aren’t taking care of yourself.
If you need additional resources, your attorney can assist you in finding qualified therapists and programs that can help your family through this transition.
Divorce Attorneys in California
Whether you are dealing with your own demons, or the mental illness of a loved one, mental health struggles are never easy. That’s why it’s important to have an attorney understands your needs, and can address your unique needs.
If you have more questions about mental health and divorce, we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and let us help you navigate these matters with the sensitivity and gravitas you deserve.
