Mistakes All Husbands Must Avoid in Divorce Litigation

In divorce cases, husbands can sometimes feel that they are not entitled to the same rights as their partner. Such a feeling not only harbors frustration and anxiety but also makes the individuals give up on a fight to acquire what is rightfully theirs. It is very important for all husbands to have a sound understanding of their rights in a divorce and ensure that they are preserved at all times. Here is list of a few mistakes that several husbands tend to make during the divorce process, and how they can be fixed.

Outspending the spouse to damage their financial health

There are several lawyers who deliberately encourage their clients to spend more and more money on the litigation process in a bid to weaken the financial foundation of the other spouse. While such advice is extended with the aim of falsely promoting the husband’s rights, the actual intention of the lawyers is to preserve their self interest and make more money. Delving into the legality of such irrational behavior, we bring to your notice the family code section 271 of Californian state law that stipulates a punishment for an individual who deliberately engages in activities that drive up the cost of the litigation. 

Overspending on the trial

As similar as it may sound, this one is the exact opposite of the first point. In many cases, the husband goes out of the way and spends all too generously by paying for additional family expenses that have not even been ordered by the court. Spousal support or alimony is meant to ensure that your wife maintains an acceptable standard of living even when she lives all by herself. However, being over generous and paying more than what has been ordered by the court can substantially deplete your own seed money. In addition to this, it will also dissuade your wife from finding a job and learning to support herself. 

Failure to request a modification in support orders

Husbands who are unable to afford the alimony payments, tend to stop making the payments altogether without having one bit of consideration for the legal ramifications of such an act. The fact is that a failure to make your regular support payments as stipulated by a court order, can wreak havoc on your finances. The law requires you to pay hefty interest (10% per year) in addition to the due principle amount. The solution however to this problem is simple. If you think that you are unable to afford the alimony payments anymore, you can request a modification from the court of law and get the amount reduced.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.