Divorce Mistakes Every Father Should Avoid

Fathers in California erroneously tend to think that they do not have the same rights as the mother does. It is time to wise up. When it comes to navigating your way through the tricky waters of a California divorce, here are a few mistakes that you should avoid at all costs. If you are already in any of the following situations, seek the help of a good attorney.

1. Do not out-spend your wife – Divorce changes everything in your life. So, if you want to survive, you need to make a few adjustments. Some divorce lawyers advocate dads outspend moms in order to break the latter financially. This is ridiculous advice at all costs and is usually given for the interest of the lawyer, and not the father. Overzealous litigating will lead to one of three things – monetary sanctions, an attorney fee motion or loss of credibility, all of which spell disaster.
2. Do not over-extend yourself on financial matters – This mistake is the opposite of the first. You can end up being too generous. Husbands often end up paying for the support ordered by the court as well as the personal expenses of the mother that weren’t ordered by the court. Support orders are designed for your wife to maintain status quo after the divorce. You don’t want yourself in a situation that encourages your wife to sit at home while you run two households.
3. Do not give up your child custody rights – This is a decision that almost all fathers regret down the line. If your lawyer tells you that the system is biased against fathers, then you need to find another lawyer. California law clearly states that gender based discrimination is unlawful. For instance, if you can devote half of your personal time to your children and there has been no recent history of substance abuse, domestic violence or child abuse, then the court will objectively consider giving you and your partner equal parenting time and joint custody.

Remember that divorce impacts everyone differently. It’s a wrecking ball for some and a liberating new chapter for others. When things look up down the line, you do not want to look back with regret.

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 attorney 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.