Divorces are often considered a last resort for many couples. Once you have decided to separate, you must deal with many issues, including spousal support, child custody, and property division. What happens when your ex-spouse does not want to participate? These cases are challenging. But you can manage them with the right plan. Here are a few strategies for handling a California divorce with an uncooperative spouse.
Get Legal Advice
You may want to handle these matters on your own. But you should consult with an experienced family law attorney. A qualified and skilled lawyer knows about California’s divorce laws. They can help you understand your rights during this process. These professionals will guide you on strategies to deal with your ex. This legal consultation will build a solid foundation for the remainder of your case.
Additionally, when you have reached a stalemate on a few issues, your attorney can work with the other party to reach a beneficial agreement for you. Remember, some ex-spouses may want to delay the proceedings for as long as possible. In that case, your attorney will continue to fight for your rights throughout the process.
Document All Interactions
When you have a spouse who does want to help in the proceedings, you need to provide documentation to the courts. You will want to keep records of every interaction. Many times, this includes text messages, emails, and phone records. You can use this evidence as proof that your ex is stalling the process. Additionally, this documentation can be helpful when deciding on other issues, such as property division, child custody, and support.
California’s Community Property Laws
In the Golden State, all marital property will follow the community property laws. Any debts or assets acquired during the union are considered community property. In turn, they will be subjected to equal division. If your ex-partner is uncooperative, you may need to hire a third party to assess and list the property. This documentation can help both sides ensure they receive a fair distribution of assets.
Request Court Intervention
Sometimes, your spouse’s inability to cooperate can affect the case’s progress. In these situations, you may need to request help from the courts. Your legal team may need to file temporary orders regarding visitation, child custody, and spousal support. As a result, these orders will address those matters temporarily until the courts can reach a final resolution.
Always Stay Compliant
In the state of California, both spouses will need to fully disclose their income, assets, debts, and expenses. If you fail to comply, it can lead to legal trouble. When you adhere to the law, the courts will see you actively working towards a resolution. In many cases, that can mean a more favorable resolution for you.
Get Legal Assistance for Your California Divorce
Handling a California divorce with an uncooperative spouse requires some strategic planning from you and your legal team. You need a family law attorney who will protect your interests.
At Roberts & Zatlin Law Office, we are here to help during these trying times. Our office in Temecula offers legal services to Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, Inland Valley, and all other parts of the state. To schedule a consultation today and receive a free initial assessment of your case, please call (951) 381-8147 today.
