What to Do and Not to Do in a Divorce Process
Are you going through a divorce process and don’t know what you can or cannot do?
What is allowed during a divorce process:
- Communicate with a competent law firm specializing in divorce cases.
- Be emotionally, financially, and legally prepared.
- Keep in mind that the person you are divorcing is not the person you married.
- Protect yourself, your children, and your assets.
- Pay off your credit cards before paying theirs.
What is not allowed during a divorce process:
- Do not lose interest in the house that was obtained during the marriage; it also belongs to you and a distribution agreement must be reached.
- If there are debts, do not pay them all; wait for the debts to be divided between both parties so that you only pay half.
- Do not move out of the family home if you have children unless it is for your own safety. Otherwise, it is not recommended because it could harm you in the divorce process.
- Do not allow yourself to be seduced by the other person again, as that could cause problems in the separation process.
Many members of our community come to our office with many doubts about what they can or cannot do during a divorce process because in their countries of origin, divorce processes tend to be different from the judicial process carried out by the family court of the State of California. That is why we have taken the time to provide general information about what to do and not to do in a divorce process.
Frequently Asked Questions About the Divorce Process
Will I always have to pay child support?
That depends on how long you were married, whether she is capable of working, and what type of work she can perform. Many factors influence this, but the truth is you will always be paying if the ex-partner cannot support herself or her income is very low.
Can I lose my children?
Maybe not, but you should know that there are two types of custody: legal custody and physical custody. Legal custody means that as a parent you can participate in all activities of your child and be part of their life on scheduled time. Physical custody means one parent lives with the child, and the other parent visits during times set by the court. The only way to lose parental rights is if you are a bad parent and the other person fights to prevent you from having any involvement in the child’s life.
Why do I have to pay child support?
When two people marry and begin to form a home, it is often evident that one spouse sacrifices their profession and work to stay home taking care of and being responsible for the children. If this goes on for many years and separation happens later, the person who sacrificed is fully entitled to receive child support from the other spouse. This type of support helps the recipient maintain financial stability.
Why don’t I have to account for the child support I pay?
When the court establishes child support for one parent, the parent receiving the support does not have to explain how they use the money. The court, always thinking of the child’s well-being, guarantees that the supporting parent’s money will be spent on the child to cover expenses such as education, health, entertainment activities, food, and more
Divorce Recovery
Divorce processes generally take about a year to complete from start to finish. Most people report that they are happier once the divorce is finalized and enjoy a peaceful life. However, it should also be considered that people who finish a divorce and enter another relationship and get married again may have another divorce. The same pattern often repeats unless they wait a reasonable amount of time to feel truly ready for a new relationship.
Men tend to recover faster from a divorce compared to women, both emotionally and financially. But that doesn’t mean you have to give up everything or even more than half to exit your first marriage.
The Three Main Strategic Mistakes
Paying off credit card debt.
This is a common mistake people make. If your ex-wife has a job or is working, it is better to divide the debt and pay it with income earned after the separation, so you only pay half of the debt.
Leaving the house to create peace.
Due to the unsustainable nature of the relationship, leaving the house may seem like a solution, but it really isn’t. Leaving the house only worsens things, especially if children are involved.
Don’t leave the family home.
When no agreement is reached during the divorce process and couples have shared assets, it is often seen that the husband doesn’t care about leaving the house or valuable items inside. Later, trying to recover something from the house will be very difficult or expensive. Such wrong decisions cause greater problems later in the divorce process.
When the Spouse Disappears
There are cases where a couple marries, begins their relationship, and after some time have conflicts or arguments causing one spouse to take time away from the home and eventually disappear from the other spouse’s life. We have handled cases like this at our office. For a spouse to divorce a partner who disappeared and whose whereabouts are unknown, they must publish an announcement in printed media, social networks, or other platforms as evidence of search before filing for divorce. If the spouse does not appear within the established time after the search, the person wishing to divorce can seek a lawyer’s help to receive guidance on how to proceed with the divorce.