5 Things to Avoid when Filing for Divorce in California
Divorce in California can be legally complex, and even small mistakes can delay your case or jeopardize important rights related to property division, child custody, or support. Whether your divorce is amicable or contentious, know what NOT to do is just as important as knowing the correct legal steps to take. Below are five key mistakes to avoid during the divorce process in California.
1. Hiding Assets or Failing to Disclose Financial Information
California is a community property state. This generally means that all income, assets, and debts acquired during the marriage belong equally to both spouses. Because of this, the law requires full and accurate financial disclosure from each party.
Failing to disclose an asset, whether intentionally or accidentally, can lead to serious consequences, including monetary sanctions, the court awarding the entire hidden asset to the other spouse, reopening the case after judgment, and loss of credibility in future rulings.
Transparency is not optional and is required under California Family Code sections 2100 through 2107, which outlines strict duties of disclosure and fiduciary duties owed between spouses.
It is wise to gather necessary documentation early, such as bank statements, tax returns, credit card statements, real estate records, retirement information, business records, investment records, and anything else relevant to your financial picture. Providing your attorney with complete and accurate information from the start can prevent delays and protect your rights throughout the case.
2. Ignoring Temporary Orders
Once a divorce case is filed, the court may issue temporary orders regarding child custody, visitation, support, attorneys fees, or the use of certain property such as the family home or vehicles. These temporary orders are legally binding and violating these orders can have serious consequences.
Courts tend to view violations as bad faith behavior. For example:
- Removing a child from the state without permission
- Refusing to pay temporary spousal support
- Draining a joint bank account without permission
- Blocking the other spouse’s access to community property
Always follow temporary court orders exactly as written until they are formally changed by the court or by agreement with the other party.
3. Letting Emotions Drive Decisions
Divorce is emotionally charged, but making major legal or financial decisions out of anger or revenge can be costly. California judges prioritize fairness and the best interests of any children involved. They are not focused on making a “winner” in the divorce. You should not be either. Stay focused on your long-term goals, such asstability, financial security, and healthy co-parenting. These are healthy things to focus on and serve your best interests far better than rash choices made off short-term emotions.
Trying to “get back” at your spouse by fighting over every issue or refusing to compromise with their requests can substantially increase legal fees and prolong the divorce process. In some cases, the court may even penalize a party who they see as being unreasonable and assess fee awards or adverse rulings.
4. Posting About Your Divorce on Social Media
What you post online can be used against you. Social media posts about spending habits, vacations, or new relationships can affect issues like spousal support or child custody. Even seemingly harmless updates can be taken out of context.
It can be wise to avoid posting about your divorce or your spouse and children altogether. When in doubt, discuss with your attorney.
5. Filing Without Understanding California Law: Contact Cardwell Steigerwald Young LLP
Many people attempt a DIY divorce to save money, but California’s procedural rules are often nuanced and complex. Mistakes in filing, service of process, or financial disclosures can cause costly delays, or even reopening of your case. Consult with an experienced San Francisco divorce attorney at Cardwell Steigerwald Young LLP. Our legal team can help you understand your rights, comply with court procedures, and protect your interests. Professional guidance can make the difference between a fair settlement and a costly misstep.
