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Never Take Legal Advice From Your Spouse – Especially in a Divorce

On Behalf of | Jul 20, 2021 | Divorce

One of the most important things to know if you are considering a divorce or in the process of filing is this: never take legal advice from your spouse.  Your spouse is very likely to make substantial statements about how an issue will be handled in a divorce.  They may even attempt to bring some form of evidence to support their position.  The genuine fact of the matter is every case is unique and different, and there a multiple factors a Judge must consider and weigh before deciding any issue within a San Diego divorce.

The greatest source of these types of claims is fear.  It is quite natural for both parties to experience levels of fear and apprehension during the time leading up to and during a divorce.  Usually, when a spouse is telling you how something is going to work in a potential divorce they are speaking from a position of fear.

Many studies have reviewed and spoken to the dynamic between spouses in the period leading up to a divorce as well as during the divorce itself.  The primary reason to never take legal advice from your spouse is simple: it is in all likelihood not only inaccurate or biased, it is in many cases flat wrong.  This is why it is so important to protect your own interests and seek the experienced and proven counsel of the Certified Family Law Specialists at Burke & Domercq.  We provide sound insight and legal advice based upon certified legal expertise backed up by decades of experience in San Diego Family Court.

What are some tips to help you to process input from your spouse leading up to or during the divorce?  Better question!  Carefully consider the context in which any information is provided.  Was the claim put forward in the midst of an argument?  Is your spouse generally more controlling or likely to presume they are the authority on any given subject?  Did your spouse bring up the experience of other family members or friends as the source of their insight?  If so, this is usually more evidence that the information is inaccurate at best.

This is especially true when it comes to issues associated with child custody and parenting time.  It is quite normal for one spouse to threaten to “take the children” or to use some accusation to question your ability to parent.  All parents experience moments of success and challenges where they wish they had handled things a bit more effectively.  The Court is interested in the “best interests of the child” and generally speaking it is in the best interest of a child to spend roughly equal quality time with each parent during and after the divorce (in the absence of harmful circumstances such as domestic violence or criminal activity).

You should never take legal advice from your spouse before or during a divorce in San Diego.  Working with the experienced, proven Certified Family Law Specialists at Burke & Domercq provides peace of mind and a genuine understanding of all issues associated with your divorce.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.