You’ve probably heard individuals say things like, “My husband will never give me a divorce,” or “My wife won’t divorce me.” Maybe you’ve overheard people say things like this, or maybe you’ve seen it on TV or in the movies. Perhaps you’re stuck in a dead-end marriage, and your partner has declared, “I’ll never give you a divorce!”
If you want a divorce but are concerned that your spouse will not cooperate, we have good news for you: it isn’t up to them. Because California is a no-fault divorce state, you don’t have to prove that your spouse was abusive, abandoned you, or committed adultery in order to receive a divorce.
In order to obtain a no-fault divorce, one spouse or domestic partner must demonstrate that the pair is unable to communicate. According to the California Courts, this is referred to as “irreconcilable differences.” So, if your spouse says he or she will never divorce you, just accept that your partner is either uninformed or simply does not comprehend the law. All that matters in California is that one spouse wants out, and the other spouse has no power to block the divorce.
My Partner Claims that I Will Never Receive Spousal Support
A spouse will frequently assert something such, “I’m not going to pay you a dollar in alimony!” ” However, such remarks stem from a lack of legal knowledge. A divorcing couple can undoubtedly agree on spousal support as part of their divorce settlement. They can agree on a dollar sum and a time frame, but neither spouse has the authority to refuse it. In other words, if the lower-earning spouse requests assistance, the higher-earning spouse lacks legal authority to declare, “No, I’m not going to pay you spousal support.”
If the lower-earning spouse requests spousal support and the higher-earning spouse refuses to pay, the court in the case makes the decision, not the higher-earning spouse. Spousal support is not automatically awarded in a California divorce, as it is in most other states. A judge must consider a number of criteria before deciding whether or not to award spousal support. These factors include:
- Both partners’ ages and health.
- Earning potential of each spouse.
- Separate assets and liabilities for each spouse.
- Contributions of a spouse as a housewife.
- Contributions made by one spouse to the education and career of the other.
- Who will be in charge of the children the most of the time?
- Spousal support’s tax implications.
“However, what if my husband/wife committed adultery?” Isn’t that to say I’m not obligated to pay spousal support?” Adultery is a consideration in certain places, and it can be used against a spouse to prevent them from receiving spousal support due to “marital misconduct,” however this is not the case in California. As previously stated, California is a no-fault divorce state, thus a judge will not consider adultery when determining whether or not to award spousal maintenance to an adulterous spouse.
Spousal support is determined in California based on the lower-earning spouse’s need for assistance and the higher-earning spouse’s ability to provide it. A judge is unlikely to order support if the spouses make equal amounts. The larger the economic discrepancy, the more likely it is that spousal support will be awarded.
If spousal support is granted, it is usually for a period of half the length of the marriage. Support would most likely be ordered for three and a half years if the marriage lasted seven years. Support may be set without an expiration date if the marriage lasted 10 years or more, but it does not mean it cannot be adjusted or cancelled at any time in the future.
When spousal support ends,
- A court order specifies that the sit is to come to an end.
- It’s over, according to a ruling.
- One of the partners dies.
- The spouse who receives the support remarries.
- The person who is being supported forms a new domestic partnership.
By Law, Child Support is Mandated.
Your spouse may have told you that he or she would not pay child support. They’ve made it apparent that no matter what happens, they’re not going to help you. Your spouse is legally obligated to financially support your children as long as he or she is their biological parent or their legal parent through adoption. It’s nearly hard for parents to avoid paying child support with Social Security numbers, driver’s license numbers, and current technologies.
If you become the primary custodial parent, or the parent who spends the most time with the children, your husband will be legally obligated to support your children. They will face harsh sanctions if they fail to support your children, including:
- Garnishment of their salary is a possibility.
- It is possible that the funds in their bank accounts will be taken.
- It’s possible that their driver’s license will be revoked.
- They may be denied a United States Passport.
- Their tax refund could be seized.
- It is possible to intercept their lotto winnings.
- They may be imprisoned (a last resort)
In most circumstances, California courts are compelled to order a child support amount based on the child support guideline; however, some cases may fall under one of the legal exceptions to the norm. For example, some parents can agree on a child support amount that is higher or lower than the guideline if the case meets certain criteria, such as the parents’ inability to receive public assistance, the parents’ belief that the support amount is in the best interests of the children, and the amount of child support is approved by the judge.
Contact our California divorce law firm for legal guidance if your spouse is contesting the divorce. We’re here to offer you the confidence you need to move forward.
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