What are some of the most surprising things to know about divorce in North County San Diego? In some instances, the process of seeking a divorce can begin with many false beliefs. It can also involve behaviors which may or may not have an impact on what happens during the divorce.
We focus upon your goals and objectives for the divorce and the actions you can take to maximize the odds of a positive outcome. Our clients are often surprised to learn:
Infidelity will have no impact. California is simply a “no-fault” divorce State which means the legal basis for a divorce is always considered to be irreconcilable differences. Judges in North County have no interest in details of any affair, unless the conversation pertains to specific proof that community property (funds) were dissipated to support the affair or children were neglected as a result of it.
All communications are crucial. Every word you communicate to your former spouse in a divorce is crucial evidence and must be seen as such. The best policy is to avoid all social media entirely during the course of your divorce. There is no such thing as “privacy.” Your “secret” posts and messages will be placed on the screen and into public record for all to see (including ultimately your children, your family, friends, co-workers and boss, clergy and community). Carefully consider every voicemail, text, and email communication with your former spouse. Adverse communications will be presented to the judge and used to portray you in a negative light. This can affect everything from child custody to actually forming the basis for domestic violence allegations. This is serious business and you need to ensure you are in a calm, focused place emotionally before responding to your former spouse in any format.
Other surprising things to know about divorce in North County San Diego include but are not limited to:
Do not record conversations between you and your former spouse and do not search through their cell phone because you suspect them of cheating. Any evidence you find on their cell phone is inadmissible as it violates privacy rights. The judge will usually only consider information collected from external forums.
There is no specific preference for the mother in child custody and parenting time. California law establishes that it is in the best interest of the child to spend equal quality time with each parent. Our courts tend to favor shared custody arrangements with fairly equal parenting time unless other circumstances (such as domestic violence) can be established.
Don’t maximize credit cards or spend down joint accounts to get even. You have had and continue to have a “fiduciary duty” to act in your spouse’s best interests. In the end these expenditures and debts will usually be deducted from your portion of the community property or assigned to you as “separate” debts.
There are many surprising things to know about divorce in North County San Diego. You need the facts. You need sound counsel and strategy. We invite you to review the strong recommendations of our former clients and the legal industry and contact Burke & Domercq or call 760-434-3330 to schedule an appointment with one of our Certified Family Law Specialists today.