Divorce Your Husband, Win Everything You Deserve
While some divorces are cooperative, others can be unavoidably contested and nasty. Here’s how to divorce your husband and get everything in California.
If you’re looking to divorce your husband and win, it’s important to know what you want and what you’re legally entitled to. Then, develop a legal strategy with your divorce attorney to build your case and fight for what you deserve.
Know What You Deserve
California’s divorce laws clearly state how divorce disputes such as property division, spousal support, child support, and child custody should be resolved. To help you understand your rights and what you may be entitled to, we’ll break down each category of California’s divorce laws below.
Property Division
California is a community property state, meaning that marital property should be split equally between spouses in a divorce. While marital property is assets acquired during a marriage, separate property is assets usually acquired before the marriage, and exempt from community property laws. In a divorce, it’s important to protect your personal property while fighting to keep community property in your possession. For more information about property division in a divorce, click here.
Spousal Support
Spousal support, commonly referred to as alimony, is granted to spouses that may be financially impaired post-divorce. In order to be eligible for spousal support, a spouse must prove that they will be economically disadvantaged after the divorce. A judge will likely order your husband to pay you alimony if you prove that you were financially dependant on your husband throughout your marriage. For more information about spousal support in a divorce, click here.
Child Custody
In child custody disputes, California law ultimately protects the “child’s best interests”. If your attorney can prove that keeping the child in your custody will preserve their best interests, then a judge will likely grant you physical and legal custody of your child. An attorney can help strengthen your claim of sole or joint child custody. For more information about child custody in a divorce, click here.
Child Support
Child support payments are issued to financially ensure and fund a child’s well-being. Child support is granted to custodial parents that may be financially impaired and unable to pay for their child’s expenses after a divorce. If a judge believes that you are unable to independently support your child, a child support order will likely be decreed, financially obligating your husband to cover some or all of your child’s expenses. For more information about child support in a divorce, click here.
Hire a Fierce, Skilled Divorce Attorney
The outcome of this divorce will probably affect the rest of your life. When dealing with matters this significant, it’s crucial to have the law on your side. It’s important that your attorney specializes in the area of divorce you need help with. Our attorneys for women deeply understand California’s divorce laws and successfully win divorce cases for our female clients. If you prefer, we can get you in touch with one of our female divorce attorneys.
Develop A Calculated Strategy
A planned course of action is essential to winning a divorce. With your attorney, determine what assets and entitlements you want to pursue. Then, develop a strategy based on foresighted actions rather than reactive responses. Stay focused on the defensive and offensive fronts. Your attorney will develop a strategy that includes building your case with relevant evidence, protecting your assets, and taking certain actions to properly preserve your rights.
Build Your Case
There are certain steps you should take after developing a legal strategy with your attorney. Gather evidence, protect your assets, and make certain personal measures to ensure every planned action is properly executed and fulfilled.
Document Everything
Every strategized action you take should be effective. Claims that you deserve certain assets or entitlements must be substantiated by evidence. Gather evidence to back your claims. Collect and organize pertinent evidence to strengthen your case, including:
- Financial statements
- Documentation of expenses
- Asset titles
- Legal testimonies
- Custody schedules
- Text messages or emails
Don’t make claims or accusations than cannot be backed up by proof. A divorce attorney can help you build your case.
Protect Your Assets
At the beginning of your divorce, make records of your finances; some husbands hide community property assets before or during divorce in an effort to keep them after divorce. It’s important to wholly grasp your belongings. Gather and organize several years’ worth of credit card bills, tax returns, loan, and bank statements. Your personal property may be up for grabs if you fail to properly protect it. Your husband can claim that he is entitled to your separate assets if you do not properly secure them. Having a divorce lawyer with experience in property division is crucial to protecting your rights and assets.
Don’t Move Out of the Marital Home
If you want to keep possession of the home you raised your family in, don’t move out before or during the divorce. If you do, your husband may claim “de facto possession” and subsequently claim the property as his. On the other hand, if your husband leaves the marital home and you stay there, you can likely claim “de facto possession” and maintain ownership of the home after divorce. However, if the marital home is a hostile or unsafe environment for you or your children, move out immediately.
Speak Carefully
Know that anything you say can be used against you in court. This includes social media posts, text messages, or anything you say on calls. Your husband can use anything you say against you in court, so its important that you don’t give him anything to work with. Heated statements or arguments can reveal your plans and potentially give him leverage. Keep your cards close and stay cool, collected, and professional.
Don’t talk bad about your ex, even to your children. Divorce can be a very difficult and chaotic time, and unexpected things can happen; its best to try to minimize the unexpected. Before you say, post, or text anything, ask yourself, “how would this sound in court?”.
Separate Emotions from Actions
In a divorce, it’s important not to make any decisions out of spite or hatred; they’ll probably backfire. Instead of focusing on getting back at your ex or “teaching him a lesson”, focus on your children’s and own welfare, and what you need to do to protect it; that’ll pay off in the long run. Know that you may need to give to get, and remember to focus on the big picture.
FAQs
Does my husband have to pay the bills until we are divorced?
During a California divorce, your husband doesn’t have to pay for your expenses unless a court order or written agreement says so. Your husband will likely consult with his attorney to decide whether he should pay your bills during the divorce.
Does my husband have to pay for my divorce lawyer?
In California, a wife cannot force her husband to pay for her divorce lawyer. However, there are circumstances in which a judge may order a husband to pay the wife’s attorney fees. This is not uncommon.
Contact Us
If you’re looking to divorce your husband and get everything, contact us. We’ll get you in touch with the most qualified divorce attorney for your unique legal situation.