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Abandonment is treated differently in California

On Behalf of | Aug 5, 2017 | Blog

As someone who has come to America after going through the intensive visa process, you knew that you’d have a good life with great opportunities in California. What you didn’t expect was for your spouse to leave you after moving your life to the state.

While Mexicans are familiar with the idea that those who abandon their spouses can be held liable for their spouse’s income for life, that’s not how it works in California. California is a no-fault state, which means that no one will be held at fault if either spouse decides to file for divorce.

That doesn’t mean that you won’t be provided for in some way, though. One possibility is to seek out spousal support. Spousal support won’t necessarily be for life, but it can give you time to find a good job or work out other ways to survive comfortably.

What does a judge consider when deciding if you should receive spousal support?

First, he or she will consider how much you earn or if having a job would make it difficult to take care of your children. The judge will consider how much your spouse can pay if he or she is the one expected to pay spousal support. The length of your marriage is another thing the judge will look at, along with your age and health, any property you owned in your marriage, and the debts you and your spouse have together and separately.

The judge may also look at other factors including the tax impact of having to pay or receive spousal support and whether or not domestic violence played a role in your marriage.

It’s not simple to calculate spousal support, so the judge will need to hear good arguments for and against it from both sides. Make sure you build a strong case for needing spousal support, so you get the support you deserve after your spouse decides to leave the marriage.