Conflicts in a California divorce are not uncommon, as the divorce process involves emotional, financial, and legal challenges that can lead to disagreements between spouses. Conflict can arise from various aspects of the divorce, such as asset division, child custody, spousal support, and even personal grievances. Understanding common sources of conflict and ways to address them can help ease the divorce process.
Common Sources of Conflict in California Divorce:
- Asset and Property Division:
- Community Property State: California follows the principle of community property, meaning that assets and debts acquired during the marriage are generally divided equally between spouses. However, determining what constitutes community property versus separate property (e.g., property owned before marriage or received as a gift or inheritance) can lead to disputes.
- High Net-Worth Divorces: In complex divorces involving significant assets, such as real estate, businesses, or investments, disputes may arise over valuations, hidden assets, or how to divide non-liquid assets fairly.
- Child Custody and Visitation:
- Best Interests of the Child: In California, child custody and visitation are determined based on the best interests of the child. Disagreements over who should have physical and legal custody of the children, visitation schedules, and parental responsibilities can lead to prolonged conflict.
- Parental Rights: Parents may have different views on how to raise their children post-divorce, leading to disputes about schooling, religion, medical care, or other important aspects of the children’s lives.
- Relocation: If one parent wants to relocate out of state (or even to another part of California), it may disrupt existing custody arrangements and lead to intense conflict.
- Spousal Support (Alimony):
- Temporary vs. Permanent Support: Conflict can arise over whether one spouse should receive spousal support, the amount, and the duration. The duration and amount of spousal support depend on several factors, including the length of the marriage, the recipient’s ability to support themselves, and the standard of living during the marriage.
- Self-Sufficiency: One spouse may argue that the other should be able to support themselves, while the other may claim they need financial assistance due to long-term dependency or limited work experience.
- Child Support:
- Calculation Disagreements: California calculates child support using a specific guideline that factors in each parent’s income, the time spent with the children, and other factors. However, parents may dispute the amount of child support owed, especially if one parent believes the other is not reporting income accurately.
- Additional Expenses: Parents may disagree on who should cover additional child-related expenses, such as health insurance, extracurricular activities, or private school tuition.
- Hidden Assets or Financial Deception:
- Financial Transparency: Disagreements often arise if one spouse believes that the other is hiding assets or not fully disclosing financial information. Common tactics might include transferring assets to family members, underreporting income, or overestimating expenses.
- Forensic Accounting: In high-conflict divorces, forensic accountants may be brought in to uncover hidden assets or ensure that both parties are honest about their financial situation.
- Emotional Conflict and Grievances:
- Betrayal, Infidelity, or Abuse: If the divorce is the result of infidelity, emotional abuse, or physical violence, strong emotions can fuel the conflict. Even though California is a no-fault divorce state, where neither party has to prove wrongdoing to get a divorce, unresolved emotional issues can continue to impact the process.
- Anger and Resentment: Long-standing resentment or anger can make it difficult to negotiate the terms of the divorce amicably. One or both spouses may feel wronged and may use the divorce process to seek justice or retribution, making the situation more adversarial.
- Parenting Plans and Visitation Schedules:
- Disagreements on Parenting: Parents may have different ideas about how to parent after a divorce. Conflicts can arise over day-to-day decisions, such as who makes decisions on schooling, medical treatment, or even which parent gets to attend specific events.
- Flexibility and Enforcement: Parents may disagree on how flexible the custody and visitation schedules should be, leading to disputes when one parent cannot adhere to the agreed-upon plan. Enforcing visitation rights can also create conflict, particularly if one parent is not cooperating.
- Domestic Violence or Abuse:
- Orders of Protection: If domestic violence is involved, one spouse may seek a restraining order to protect themselves from physical harm or harassment. Domestic violence can complicate the divorce process, leading to conflict over child custody, visitation, and safety concerns.
- Fear for Safety: The fear of ongoing abuse can make it difficult for one spouse to negotiate in good faith or feel safe during the proceedings. This can extend to child custody decisions as well, as one parent may not trust the other to have unsupervised time with the children.
