All videos are provided for informational purposes only. Some videos are primarily California focused. Content is not intended for and should not be construed as legal advice. Servicing Only San Diego County - If your family law case is in San Diego County, please contact the Men's Legal Center. If your family law case is outside of San Diego County, please contact a licensed attorney in your area.
Untying the Knot is brought to you by the Men's Legal Center and was created to be an information resource to anyone going through a family law and divorce process. Each video is produced by a California Certified Family Law attorney and his team who each have decades of knowledge and experience.
It is natural to grieve the loss of your marriage, but do not let it cloud your
judgment or prevent you from protecting yourself and your children’s interests. When
emotions run high, the ability to think logically lessens. This means the best course of
action is to retain a family law attorney to explain the process and advise how to
conduct yourself.
Do not go to the dark side. Do not threaten your spouse or the attorney
representing her. Diffuse negative thoughts and energy via individual or group therapy.
Do not give the other side any ammunition she could use in court. That means do
not engage in angry or hostile communications via text, email, or social media that can
be used against you in court. So, be smart and cut back on social media during your
divorce. For example, your ex may use background shots you post on social media to
show you are partier. You might wish to suspend your social media accounts while you
are in the midst of any litigation.
Do stay in the family residence. Do not move out simply because she wants a
divorce. Legally, you have a right to stay and so does she. If she wants out, you need to
tell her to find a place to stay until things get sorted out, but the children will stay with
you in the home. If the wife does attempt to take the children, contact your lawyer to file
an emergency hearing requesting a restraining order. At this hearing, you can ask why
she wants to uproot the children just because she wants a divorce. Keep in mind you
have a better chance of coming out of a divorce with a 50-50 timeshare if you stay in the
residence.
If you stay in the house, be cautious of false allegations of domestic violence,
which unfortunately is a common tactic used as a custody grab. In family law there is a
presumption that a party cannot have joint custody if the court finds a parent has
perpetrated domestic violence, as there is a high incentive to create a scenario of
alleged domestic violence.
Do defuse the situation by starting negotiations. If you stay in the residence with
the children retain a competent attorney quickly. Also, diffuse the tension in the family
residence by submitting a settlement proposal early on in the process.
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10 май 2023
