Solana Beach Family Law Blog

Financial issues may spark divorce, property division conflict

It is not uncommon for newly married individuals to join their assets together, such as their money. This is because they view themselves as a team -- a team that will last long term. The unfortunate reality, though, is that financial problems can easily cause a marriage to end sooner than expected, and when this happens, property division may quickly become an area of conflict. Here is a look at some specific reasons why couples in California may experience financial issues that ultimately lead to divorce.

First, in some cases, married individuals are never fully transparent with each other about their financial situations. This is particularly problematic in the area of credit ratings and debt. In fact, individuals would be better off discussing these matters prior to saying their I Do's. If they fail to do this, they may, for example, discover years into the marriage that one of the parties cannot be on their first home's mortgage as a result of his or her sub-par credit score.

Preparing for property division, alimony is a wise move

Going through the dissolution of a marriage in California can understandably be a challenge from an emotional standpoint. However, divorce can also pose financial challenges no matter a person's net worth. A couple of steps, though, can help people to safeguard their finances as they navigate matters such as property division and alimony during the divorce process.

First, an individual who is planning to file for divorce might want to become familiar with his or her financial assets. The unfortunate reality is that women especially have a tendency to remain clueless about their financial situations, which puts them at a disadvantage in divorce proceedings. However, if they take a close look at their tax returns, bank statements and financial accounts, they might gain helpful information for negotiating the distribution of their marital assets during the divorce process.

Here's what you should know about paying child support

Child support is an important part of a child's life, and it is also a helpful benefit for the parent with primary custody. Child support can be used for many things, from putting food on the table to buying warm winter clothing for the child.

When a parent feels slighted by something that has happened during or after a divorce and has to pay support, there is sometimes an issue where they believe they can withhold support. This is not the case. If you withhold support when it's owed, you could be held in contempt of court.

Child custody and holidays can be complicated to address

Ending a marital union can be just as emotionally challenging for the children as it is for the parents who are calling it quits. The impact can especially be felt during the holidays. Although the combination of the holidays and child custody is often a source of conflict between divorcing parents, they can take a few steps to reduce this conflict in California.

The best-case scenario following divorce is for the children to enjoy time with both parents for Thanksgiving and Christmas. Of course, this may not be practical if the parents do not live close to each other. Even if the parents can split time with the children every holiday, conflict may still occur if the parents are not on the same page about the amount of time each parent can have with the children.

Birdnesting: A viable approach to handling child custody?

Dissolving a marriage in California can be challenging even in the most amicable of situations. This is especially the case for divorcing individuals who have young children. However, an approach to child custody that some parents have adopted to keep the divorce process as conflict free as possible is an arrangement called birdnesting, or nesting.

Birdnesting refers to keeping the family home intact and having the two parents take turns living at the house with the children. When they are not at home, they can live in their own separate residences. In fact, they may even decide to simply have a studio apartment that they rotate living in when they are not living at the main family residence.

Signs that divorce, property division battle may be inevitable

Dissolving a marriage can be one of the hardest decisions a person in California has to make. However, sometimes divorce is unavoidable if two spouses have differences they simply cannot reconcile. Here are a few signs that two married people may be headed for divorce and the battles that come with it, such as conflict involving property division or child custody.

First, if one person loses the trust of the other one, it may not be long before both parties decide to split. After all, without trust, two spouses will have a hard time feeling close to each other and may therefore simply grow apart. In this situation, even counseling may not be enough for trust to be restored.

Financial mistakes following property division may be detrimental

Ending a marital union in California can no doubt be a stressful experience from an emotional point of view. However, the process can also put a strain on a person's finances as he or she navigates tricky matters such as alimony and property division. Here are a couple of money mistakes that people often make, following property division, that may further put them in a financial bind.

A particularly common mistake that newly divorced people make is to go out and buy highly priced items -- such as cars and houses -- to make themselves feel better in the wake of the divorce. However, this so-called retail therapy may end up causing these individuals more harm than good. If they do not have plans in place to pay for these newly acquired assets with their incomes alone, they may end up losing them all.

Mediation can save your sanity in a divorce

Solana Beach residents who are getting divorced need to be strategic about their decisions. But, since the divorce process is fraught with emotions, this can be difficult.

One way that divorcing couples can remove themselves from the fray of emotional outbursts is to agree to mediate their divorce.

Child custody conflict can make divorce hard on the kids

People in California generally do not get married with the expectation that they will later get divorced. However, divorce is unavoidable sometimes, and unfortunately, if young children are involved, they may be emotionally affected by the process. Here are a few tips for navigating child custody during a divorce proceeding in the Golden State.

First, maintaining consistency and routine can be immensely helpful for young children whose parents are going through a divorce. When parents keep things constant, this gives children a greater feeling of control as well as confidence in being able to handle the major changes that divorce brings. For instance, parents can maintain consistent bedtime story times whether the children sleep at Mom's or Dad's house.

Seeking hidden assets may be a wise move before property division

Getting divorced can certainly be a confusing ordeal emotionally, but it can also be complicated financially. This is especially true for those who feel that their soon-to-be-exes are hiding assets from them. Here are a few tips for discovering concealed assets before tackling property division during a divorce proceeding in California.

Seeking out the help of a private investigator, or PI, may be the first thought that comes to the mind of a divorcing spouse who feels that his or her partner is not being forthcoming about all of his or her assets. However, before spending the money on a PI, a suspicious spouse may find it helpful to start with the couple's jointly-filed tax returns. Specifically, he or she could choose to examine Form 1040.

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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