California Family Law Blog

Infidelity takes a back seat in divorce...sort of

If you are the type of person who simply won't stand for your spouse cheating on you, then when you found out about it, you probably decided that your marriage needed to end. Despite your anger, and perhaps a desire to punish your spouse, you cannot allege adultery or infidelity as grounds for divorce.

California's courts do not assign blame when it comes to the breakdown of a marriage. However, the infidelity could play a role in your divorce after all.

Getting it right when you decide to separate

Many California couples may not yet be ready to file for divorce but instead decide to separate. Perhaps they hold out hope that they can save their marriages but need to live physically apart to find out. Whether they do it for the sake of the children, for religious reasons or for financial reasons, among other things, they decide it would be better for them, at least at the time, to remain legally married.

However, they want to go their separate ways and live their own lives until they are ready to file for divorce or get back together. In any case, if it appears that the separation will last for any appreciable amount of time, it may be a good idea to enter into a separation agreement first.

Parental alienation syndrome: Are your kids victims?

Divorce is never easy and if you're one of many California parents whose children have been having difficulty adapting to a new lifestyle, you are definitely not alone in your struggle. It's understandable that your kids may go through various emotions as they come to terms with the idea that their parents are no longer married to each other. It's also understandable that you and your children will have good days and bad days as you move on in life after you settle your divorce.

However, it is not appropriate for your former spouse to try to alienate you from your children. There are certain recognizable patterns of behavior that one parent will often exhibit when trying to ruin the parent/child relationship of the other parent. In fact, experts have labeled the problem, "Parental Alienation Syndrome." If you believe your kids are victims, you can reach out for immediate support.

Can I settle child custody issues without an attorney?

As complex as child custody issues may be, you and your spouse may have decided to work out those questions on your own instead of bringing attorneys into the mix. If this worked well for you when you dealt with property division or support concerns, you may be confident you will resolve the matter peaceably.

However, it is important that any divorcing parent not lose sight of what is at stake. It can be easy to focus on sticking to the plan of negotiating a parenting agreement on your own, but there are certain signs that indicate having legal counsel is in your best interests and the best interests of the child.

How important is it to prepare for divorce?

Making the decision to end a marriage is not an easy choice, but there are specific things you can do to reduce the complications associated with the process. Many people find it beneficial to adequately prepare as they consider their divorce options and get ready to move forward with the necessary legal steps.

If you are considering divorce in California, you may find it beneficial to think about how you can prepare for the end of your marriage. There are practical steps you can take that will shield your interests and reduce the chance of complications in the future. Preparing well can help lessen the strain and stress of divorce.

Keep kids' stress levels low re co-parenting after divorce

When you divorced, you knew that you and your kids would go through an adjustment period while adapting to your new lifestyle. Perhaps your friends who had already gone through divorce warned you about some of the possible challenges you'd experience during your first post-divorce year. If you have a solid parenting plan and kids that know you'll be there to support them along the way, your family may be able to move forward in life without any major post-divorce complications. 

Hopefully, you and your former spouse were able to negotiate a co-parenting plan that included all of the necessary instructions for out-of-the-ordinary times when your kids' typical schedules would change, such as holidays and summer vacation from school. As for the latter, you can do several things to keep your shared parenting arrangement running smoothly all summer. One is to be fully aware of your parenting rights and know where to seek support if a problem arises. 

Include more than physical assets in your prenuptial agreement

Drafting a prenuptial agreement is a step that many California couples take in order to ensure the full protection of their financial interests in case of a divorce. However, it is possible to custom tailor these agreements to your individual needs and objectives. You can include provisions for not only your physical assets, but your digital assets as well.

People often fail to include digital assets in their prenuptial agreements, but there are many benefits to including intangible property. Many people preparing to marry fail to consider how much of their lives are stored online and how many of their assets are digital. It can be beneficial to consider these things as you are preparing your agreement, as this can help you avoid many complications in the event of a divorce.

Protect yourself when divorcing your business partner

The uncertainty of your future after a divorce may be compounded if you are married to your business partner. Not only does such a divorce raise concerns about coping emotionally, deciding where to live and wondering about your financial resources, but it may cut to the heart of your life goals and livelihood.

Divorcing your business partner is a delicate matter, and it involves a complex tangle of your personal and professional life. There are actions you can take to preserve your business and minimize the stress for both you and your employees.

Types of child custody and your rights as a parent

California parents who are facing a divorce or custody dispute know that the decisions made during this process will affect their children for many years. Child custody is often one of the most contentious issues in divorces, but parents can avoid unnecessary disputes and complications simply by understanding more about the child custody options available to them. 

Some parents do not realize that there are different types of child custody. In fact, there is much more to a custody order than just the amount of time you will be able to spend with your child. When fighting to protect your parental rights and the best interests of your kids through a beneficial custody order, it is immensely helpful to understand the differences between the different types of child custody. 

Are child support orders open to adjustments?

You and your former spouse went through the divorce process, and, in the end, a judge ordered you to supply financial support for your children. No big deal; you were expecting it. Now, months or years down the line, you've experienced a change in circumstances, so making that child support payment is not as easy as it once was. Is there anything you can do to reduce your obligation?

Believe it or not, you may adjust a child support order -- under the right circumstances. Wondering how you can do this?

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