Filing for Divorce While Recovering From an Injury: What You Need to Know
Divorce is painful and challenging enough on its own; facing it while you are recovering from an injury can make the entire process feel nearly impossible. If this is the situation you find yourself in, it’s important to have legal and emotional support throughout the process. The team at Ewaniszyk Law Firm can help you navigate your divorce.
With experience in both family law and personal injury law, Ewaniszyk Law Firm can offer the advocacy and guidance you need during this challenging time. Attorney Richard M. Ewaniszyk has spent decades fighting for accident victims and helping them secure the compensation they deserve. Call us at 760-245-7310 to set up a time to discuss your legal needs.
Facing Two Legal Issues Simultaneously
It’s normal to feel overwhelmed while navigating divorce and a personal injury. Working with a divorce law firm can help you figure out what life after divorce looks like for you and how to get what you need to start over. As you navigate your divorce, you may also find that your injury requires medical care, insurance claims, and even a personal injury lawsuit.
You should realize that it’s difficult to keep two legal issues separate—there’s a good chance that these issues can affect the other. For example, receiving a settlement for your injury claim may affect the financial aspects of your divorce. Facing extreme levels of stress from your divorce can slow down your recovery process and damage your mental health.
Your divorce lawyer can help you understand the ways in which your injury may affect your divorce and vice versa. They can also take steps to keep you on track and help you avoid weakening either case.
How Your Recovery May Affect Parenting Decisions
Unfortunately, your injury recovery may affect the parenting decisions negotiated by your divorce attorney. This is particularly true if your injury is catastrophic or long-term. Your ex may use this as an opportunity to request full custody or claim that your injury leaves you unable to be a fit parent. It’s important to be open with your divorce lawyer; if your injury does impact your ability to parent, you can work on an arrangement that allows you to spend substantial time with your children while still ensuring they get the care they need. However, if your injury does not affect your ability to parent, don’t let your ex railroad you. Your lawyer can advocate for you and your children.
Your Injury May Affect the Financial Aspects of Your Divorce
If spousal support is a factor in your divorce, your injury could definitely influence the outcome. Consider what may happen if you get a sizable settlement—if it’s enough for you to live on, the court may weigh it in its spousal support decision and award you little or no spousal support. But if your injury leaves you unable to work and without any significant financial support, that too may influence spousal support decisions.
Your personal injury settlement should not affect the division of assets. Since California is a community property state, community property is split 50/50 in divorce. Personal injury settlements are typically considered separate property, so they should not be subject to division.
Figuring Out Your Next Steps
After learning the issues that come with tackling two legal issues at the same time, some people choose to hold off on their divorce while figuring out their injury claim. Your divorce law firm can then help you with your split once you are fully recovered. However, this isn’t always an option. If you are in an abusive marriage or your children’s safety is at risk, waiting simply isn’t worth the risk. Even if you do have to address both a personal injury claim and a divorce simultaneously, you will get through this time. It may be one of the hardest things you ever do, but with appropriate legal support, you will come out the other side ready to face your next chapter.
Find Out How Ewaniszyk Law Firm Can Help
As you figure out your next steps with your divorce and injury, learn more about how our divorce law firm can support you. Give us a call at 760-245-7310 or send us a message online to get started.
Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.