Ignore These Common Divorce Threats
Not all divorce cases can be mediated and some can get downright ugly, and you may find yourself being the victim of a partner making nasty threats against you. These are often empty threats that do not hold up in court and you should not let them affect you.
1. “I Will Tell the Judge…Make Sure You Don’t Get the Kids”
Custody related threats are some of the most common ones. Ironically, these threats are made by partners who are least likely to receive custody. So, if you’ve been at the receiving end of this threat, just ignore it. It is purely a defensive tactic.
Also, don’t panic when you hear that your personal life can be exposed in the court. In actuality, the threat rarely works because it rarely has any bearing on the actual case.
2. “You Can’t Have My Money”
California follows the community property law. So, your property will be divided equally between your spouse and you. However, property that has been inherited or gifted doesn’t come under this law. This threat has no value irrespective of whether you’re the one receiving it or giving it.
3. “I’ll Quit My Job to Avoid Paying You”
This is a threat that might need to be proven before it can be used in court. If proven, the support obligations will continue. In the case of child support, courts will impute income by looking at all sources of income, even if the parent is involuntarily unemployed.
4. “You Won’t See the Kids Again”
If the custodial parent prevents visitation, he/she will actually be ordered to provide more visitation hours and even incur the travel costs associated with it. In fact, this is one of the reasons why courts shift custody between parents.
5. “I’ll Go to Prison Before I Pay You”
Spousal and child support is taken very seriously in California. So, the state has several tools to enforce it. IF your ex-spouse avoids paying you, he/she can be jailed for contempt of court. That’s enough to convince most people that they need to keep up with their support payments. Nobody ever really wants willingly to go to jail.
One more thing to remember is that threats are made by people who think they have absolute control over the situation. However, reality is quite different.
To learn more about the divorce process in California and if divorce mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
