I often from clients about the vindictive ex spouse who threatens to hide property or “show” the judge my client’s “loose moral nature.” Or that they will “fight to the end” or “make sure you get nothing” or “not see the kids at all.” Threats like this from an angry or abusive spouse are scary and can make some clients wonder if they should give in, however California law being a community property state (This means that everything acquired during a marriage, from wages to property, will be considered community property and will be divided equally between you and your spouse. However, any property acquired as a gift or that was part of an inheritance will be considered separate.) and one that uses the “best interests of the child” standard often protects the spouses from these kind of empty threats. The California courts will always have the children’s best interests in mind, and that means they would like both parents to see their children on a frequent and continuing basis
Divorce is an emotional process where partners often try to find ways to make deep emotional cuts that can scar, however threats about money and kids are often just that as they are not in the purview of the individual. One of the main reasons, getting representation becomes important when there is a party that threatens to hurt the other financially or cut off interaction with their children for vindictive purposes.
It is always wise to get an initial consultation just one can get clarity on their rights.
June 28, 2017