What Should I NOT Do During a Divorce?

What Should I NOT Do During a Divorce?

During a divorce in California, you should avoid actions that could harm your legal standing, financial future, or relationship with your children—such as hiding assets, badmouthing your spouse, violating court orders, or making impulsive decisions.

Summary:
Making the wrong moves in a divorcev can lead to bigger problems. Avoid hiding assets, speaking negatively about your spouse to your children, ignoring court rules, making major financial changes without legal advice, or rushing into new relationships. Each misstep can affect the outcome of your divorce case.

What Are the Biggest Mistakes to Avoid During Divorce?

When you’re navigating a divorce, your actions matter—often more than you think. Here are some key pitfalls to steer clear of:

  • Hiding or dissipating marital assets
  • Disobeying temporary court orders
  • Using your children as leverage
  • Making large financial changes or purchases
  • Letting emotions drive your actions
  • Posting about your divorce on social media
  • Starting a new romantic relationship too soon

Why Is Hiding Assets During Divorce a Bad Idea?

Trying to conceal income, property, or debts during divorce is not only unethical, but it’s also illegal. California law requires both spouses to fully disclose all assets and debts. If the court discovers hidden assets, you could lose credibility, face serious penalties, and jeopardize your share of marital property. Transparency is key.

What Happens If I Ignore Court Orders?

Temporary court orders—about property, custody, or support—are legally binding. Disregarding these orders can lead to fines, loss of parental rights, or even contempt of court charges. Always follow the court’s instructions and consult your attorney if you’re unsure.

Should I Talk About the Divorce to My Children?

Children are deeply affected by divorce. Avoid speaking negatively about your spouse or using your children as messengers. Negative comments can damage their emotional well-being and may be viewed unfavorably by the court when determining custody. Focus on supporting your children and keep adult issues between adults.

Can I Make Major Financial Changes During Divorce?

California’s automatic restraining orders prevent spouses from making significant financial moves—such as selling property, changing beneficiaries, or taking on new debt—without court approval. These rules are in place to keep things fair. Talk to your attorney before making any financial decisions.

Why Shouldn’t I Let Emotions Drive My Decisions?

Divorce is emotional, but acting on anger or sadness can lead to poor choices that have long-term effects. Avoid sending angry texts, making threats, or trying to “win” at all costs. Keep your focus on reasonable, long-term outcomes.

Is Posting About My Divorce on Social Media a Problem?

Yes. Anything you share online can be used as evidence in court. Rants, photos, or financial bragging can harm your case. It’s best to avoid social media posts about your divorce until your case is final.

Should I Start Dating Before the Divorce Is Final?

Jumping into a new relationship during divorce can complicate matters, especially if children are involved. The court may scrutinize your choices and how they impact your kids. It’s wise to wait until your divorce is complete before starting something new.

Why Choose The Law Offices of Judy L. Burger?

At The Law Offices of Judy L. Burger, we’ve guided countless clients through divorce in California. Our team understands the legal, financial, and emotional pitfalls that can arise. Judy Burger is a California Certified Family Law Specialist with decades of experience, and she provides practical advice, strong advocacy, and clear communication to protect your interests and your family. We focus on helping you avoid costly mistakes and achieve the best possible outcome.

FAQ

Q: Can I move out of the family home during divorce?
A: You can, but consider the impact on custody and property rights. Discuss your options with your attorney first.

Q: What if my spouse is hiding assets?
A: Inform your lawyer. We use discovery tools to uncover hidden property and ensure a fair division.

Q: Can I change my child’s school or doctor during divorce?
A: Usually, you need the other parent’s consent or a court order. Making changes without approval can harm your case.

Q: Is it okay to sell joint property before the divorce is final?
A: No. Automatic restraining orders generally prohibit selling, transferring, or disposing of assets without court permission.

Q: Do I have to communicate with my spouse during divorce?
A: Some communication is necessary, especially if you share children. Keep it civil, brief, and focused on practical matters.

Contact The Law Offices of Judy L. Burger Today

Mistakes during divorce can have lasting consequences. Get experienced guidance and powerful advocacy from The Law Offices of Judy L. Burger in California.

Contact us for a confidential consultation and let us help you protect your future.

What Should I Know About the Independent Child Custody Evaluation in CA?

What Should I Know About the Independent Child Custody Evaluation in CA?

If you’re involved in a custody dispute in California, an independent child custody evaluation is a court-ordered process where a neutral mental health professional assesses your family’s situation to recommend what custody arrangement is in your child’s best interests.

Summary: A child custody evaluation is an investigative process triggered when parents cannot agree on custody. The evaluator interviews parents, children, and sometimes others, reviews documents, and gathers information to provide a report to the court. This evaluation significantly influences the judge’s final custody decision.

What Is a Child Custody Evaluation?

A child custody evaluation is an investigation conducted by a court-appointed expert—usually a psychologist or other qualified mental health professional. The evaluator’s job is to objectively assess each parent’s ability to provide for the child’s needs and recommend a custody arrangement that serves the child’s best interests. The court uses this report as a major factor in its final custody ruling.

When Is a Child Custody Evaluation Ordered in California?

Under the California Family Code (Sections 3110-3118), California courts may order a child custody evaluation when parents cannot agree on custody and mediation has not resolved the dispute, or when there are serious concerns about the child’s welfare. Some common triggers include allegations of abuse, neglect, substance abuse, relocation, or high-conflict parenting situations.

Who Conducts a Child Custody Evaluation in CA?

Child custody evaluations in California are conducted by court-appointed or privately retained mental health professionals who meet specific guidelines and who specialize in child development and family dynamics. These professionals investigate the family’s situation to determine a parenting plan that serves the child’s best interests.

The evaluation can be carried out by the following qualified professionals:

  • Psychologists: They handle comprehensive assessments, which can include formalized psychological testing.
  • Psychiatrists: Medical doctors with specialized training in family and mental health dynamics.
  • Licensed Clinical Social Workers (LCSWs): Professionals trained to assess family systems and living environments.
  • Licensed Marriage and Family Therapists (LMFTs): Therapists with expertise in relationship dynamics and family counseling

What Happens During a Child Custody Evaluation?

The process typically includes:

  • Interviews with both parents
  • Interviews with the child (and sometimes siblings or other household members)
  • Observation of parent-child interactions
  • Review of records (school, medical, police, etc.)
  • Contact with third parties, like teachers or therapists

The evaluator gathers information to understand:

  • Each parent’s relationship with the child
  • Parenting abilities
  • The child’s needs and wishes (when age-appropriate)
  • Any risks or safety concerns

What Does the Evaluator’s Report Include?

The evaluator’s report summarizes the findings and recommends a custody arrangement. The report may address:

  • Legal custody (decision-making authority)
  • Physical custody (where the child lives)
  • Visitation schedules
  • Any safety provisions if needed

Judges give considerable weight to these recommendations, though they are not bound to follow them.

What Are Some Examples of Child Custody Evaluation Scenarios?

  1. Allegations of Parental Alienation: The evaluator investigates claims that one parent is undermining the child’s relationship with the other parent.
  2. Substance Abuse Concerns: The evaluator may order drug testing or interview treatment providers to determine if substance abuse impacts parenting ability.
  3. Relocation Requests: When a parent wants to move, the evaluator assesses how relocation would affect the child’s stability and well-being.

Why Trust The Law Offices of Judy L. Burger with Your Custody Case?

With decades of experience in California family law, The Law Offices of Judy L. Burger knows the ins and outs of custody evaluations. We help clients prepare for each step, ensure their voices are heard, and advocate vigorously for their children’s best interests. Plus, Judy Burger is a California Certified Family Law Specialist, and she can work to guide you through the evaluation while protecting your parental rights and your child’s future.

Frequently Asked Questions (FAQ)

Q: How long does a child custody evaluation take?
A: Most evaluations take several weeks to a few months, depending on the complexity of your case.

Q: Can I talk to the evaluator alone?
A: Yes, each parent will have private interviews. Be honest and cooperative, as the evaluator is seeking accurate information.

Q: What if I disagree with the evaluator’s report?
A: You may file a written objection and present your concerns in court. Your attorney can help challenge findings or request a supplemental evaluation if warranted.

Q: Do my children have to participate?
A: Usually, yes. The evaluator will speak with your children, but interviews are conducted in a child-sensitive manner.

Q: Will the evaluator’s recommendation determine the outcome?
A: The judge considers the report’s recommendations but is not required to follow them. Your attorney can present additional evidence and arguments.

Contact The Law Offices of Judy L. Burger Today

If you’re facing a child custody evaluation in California, preparation and legal guidance are crucial. The Law Offices of Judy L. Burger combines deep legal knowledge with compassionate advocacy to help you achieve the best possible outcome for your family.

Contact us today for a confidential consultation and let us protect your rights and your child’s future.