How to File for Divorce From a Vindictive Spouse in California

This can be incredibly frustrating for the other spouse, who simply wants to put this troubling chapter of life in the past and move on. Fortunately, California law has a provision known as Family Code 271 (California Code, Family Code – FAM § 271), which can be a big help for many individuals who are dealing with a spouse who insists on delaying the process. 

As one common example, if the two individuals share ownership of real estate, this code can be used to encourage a vindictive spouse to move forward with the divorce or risk owing the other spouse cash for the equity that might be lost because the home could not be sold until a later date.

Whether because of anger, jealousy, or mean-spiritedness, it is often the case that one spouse will take a vindictive attitude in the form of harassment or intimidation. This might include threats to withhold financial support or lies about mistreatment or abuse that could threaten a custody agreement or any other aspect of a divorce. 

Figuring out how to file for divorce with all of these issues hanging in the balance can be tricky, but there is sure to be a solution to this serious and frustrating problem. In some cases, a court will issue a restraining order that will legally prevent any vindictive spouse from harassing or otherwise threatening the other spouse.

Even if things are not bad enough to achieve this safeguard through the judicial system, it is a good idea to document all instances of intimidation and discuss it with a lawyer to determine what the best course of action might be.

In the end, having these examples on paper can be a big benefit when the divorce begins to head through the court system. After all, judges are quick to reprimand one spouse for harassing or intimidating the other, even if it all turns out to be talk without action.

Unfortunately, one of the most common acts of a vindictive spouse comes when the individual makes false claims of abuse, neglect, or other wrongdoing. This can be seen as an easy way to gain the upper hand or use children as some type of leverage that will result in a better outcome in the divorce agreement. 

Fortunately, if these claims are completely fabricated, there will likely not be any tangible evidence of abuse. Furthermore, when a targeted spouse is able to prove his or her innocence, there are some avenues for gaining compensation through the court system. California Family Court, for example, can hold a vindictive spouse financially responsible for levying fake claims of abuse or domestic violence. 

Of course, this often involves navigating a hurtful and disappointing legal process. But in the end, it will all be worth it, because the divorce will be final, and all of the lies will be out in the open. 

Determining how to file for divorce under these tricky circumstances is difficult but requesting legal advice from WGS Law and scheduling a virtual consultation via Zoom can help.