Solana Beach Family Law Blog

Child custody conflict, dating after divorce can affect children

The dissolution of a marriage in California can be extremely difficult for all parties involved. However, it can be especially challenging for young children, particularly when child custody is an area of conflict between the parents. Here are a few tips for helping to create an easy transition for the children, especially if one of the parents finds a new love interest following the divorce.

The parent who discovers love following the divorce may understandably be eager to share his or her new partner with the children. However, processing a divorce may take children much longer than it does adults, and part of them may hope that their parents get back together again. As a result, they may not be completely ready to welcome somebody new into their lives.

Divorce mediation, trial can epecially affect men emotionally

A marital breakup can understandably be challenging to cope with from an emotional standpoint. This is true even in the most amicable of divorce situations, such as one involving divorce mediation. Here is a rundown on a couple of reasons why men might especially struggle with a marital dissolution in California.

For starters, men have a tendency to bottle up their feelings and have no outlet, which can lead to depression. It can also lead to physiological issues, such as high blood pressure. It is therefore critical that men who are going through divorce spend time with marriage counselors rather than trying to emotionally deal with such a major life event themselves.

Prenuptial agreements may make property division easier

Getting divorced in California can have long-term negative financial impacts. This is why prenuptial agreements are growing in popularity. Here is a look at what prenuptial agreements, or prenups, involve and how they can help with property division during divorce.

A prenup is basically a contract that two people sign prior to getting married, and that becomes effective once they walk down the aisle. The benefit of this type of agreement is that two future spouses can decide not to go by the state's laws concerning the splitting of debts and assets, along with alimony. In other words, they can dictate how they want these matters to be handled in the event that they get divorced.

Property division is 50/50 during divorce in California

Getting divorced can certainly be challenging emotionally, but it can be just as difficult financially. This is true even in the most seemingly amicable marital breakups. Here are a couple of tips for navigating the financial aspect of a divorce proceeding in California, particularly when it comes to property division.

Laws regarding the division of property differ from state to state. California is one of only a handful of community property states, where a married couple's assets must be split down the middle. This is the opposite of what happens in most states, which are equitable distribution states. In these states, marital property does not necessarily have to be split down the middle.

Retirement and alimony: What to expect

After retirement, one thing you might want to do is end or change your alimony arrangements. Retirement is, fortunately, a circumstance under which you may be able to have your alimony conditions changed. Ending payments may not occur unless you can show that the supported spouse doesn't require aid any longer.

One thing you could do is show that the other party got married, for instance. In that case, you'd likely have no more obligation to pay for spousal support. Similarly, if your ex-spouse obtains retirement, you may no longer need to support them thanks to retirement benefits supporting them enough.

Research shows women especially affected by property division

Dissolving a marriage can quickly take a financial toll on any individual in California. However, research shows that divorce issues such as property division tend to especially impact women. Here is a glimpse at how divorce affects women and how they can protect their financial interests in the midst of it.

In 2008, researchers stated that women who have been through divorce often lose more than 20 percent of their incomes, and unfortunately, their post-divorce incomes remain low. However, the opposite is true for men who go through divorce, with their incomes generally rising by nearly a third. Still, a recent study indicated that women may actually not be that bad off financially, following the dissolution of their marriages.

College savings important discussion point in divorce mediation

Dissolving a marriage in California can unfortunately throw a person's long-term financial plans off. These plans include not only savings for the future in general but also savings for retirement. However, divorce can also affect a married couple's plans for saving for their children's college education -- an important issue to address during divorce mediation.

If two divorcing spouses can see eye to eye on how to handle their children's college savings, they can come up with an agreement during divorce mediation that explains their plans for tackling the matter. The agreement ideally should include clear language that details their intentions. As an example, if both parties plan to contribute the same amounts of money to a child's 529 plan each year, then they can explain this.

College debt can be source of conflict during divorce mediation

One of the biggest causes of stress in marriage is money, especially debt. For this reason, it may not come as a surprise that college debt can take a toll on marriages in California. In fact, it can even become a major sticking point during divorce mediation if two spouses decide to break up yet try to resolve their divorce issues outside of court.

Research shows that over 33 percent of borrowers cite college loans, along with other financial woes, as the reason for their divorce. The total college debt amount in the United States now rests at $1.5 trillion, a historical high. In addition, the average balance that college graduates carry is a little more than $34,000 -- a 62 percent increase from 10 years ago.

Child custody can spark conflict in California

Divorce is never easy from an emotional standpoint, no matter how long or short of time two people have been married. If the two spouses have young children, this only complicates things. However, parents in California who are dealing with child custody issues can help their children through the process in a few ways.

First, divorcing parents may feel tempted to troll or trash their exes in front of the children. Instead, it is best if the parents can speak politely and respectfully to each other. They might despise each other, but they must still cooperate since they have young children to rear together.

If your situation changes, custody and support orders can, too

Many people incorrectly assume that everything in a divorce decree is final. While this is generally true of asset division, including who gets the home and how to split your retirement accounts, the same is not true of child custody and support. After all, family situations and personal situations can change in a matter of only a few days.

Thankfully, the California family courts recognize that change is inevitable. They do allow both custodial and non-custodial parents to seek modifications of both child support and child custody arrangements when circumstances for the family change.

In Solana Beach and throughout the greater San Diego area, Ratzer Family Law is your best choice for experienced representation with personalized service. Contact us online or call 858-925-8099 today.

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