San Diego Legal Blog

Money misconceptions could affect your divorce outcomes

Major life changes can happen at any time. While you and many other California residents may have the ability to prepare for certain changes, such as buying a house or deciding to have a baby, you may not receive much notice for other scenarios, like when your spouse announces that he or she wants a divorce.

You may understandably have many concerns about how your pending divorce will affect the various aspects of your life. Divorce itself is a major change, and it can have a ripple effect that touches many areas of your life. In particular, you may have concerns regarding the financial impacts of ending your marriage and how the divorce proceedings themselves will play a role.

It's important to be thorough when drafting a parenting plan

California parents know that child custody is one of the most difficult and sensitive issues in a divorce. Both parents want to preserve their relationship with their child, and it can be hard to reach an agreement on what custody and visitation should look like. However, you and your spouse may resolve to work together on custody matters and reach a smart, workable resolution for your children.

As you draft your parenting plan, there are certain things you may want to consider in order to ensure that you reach the best possible custody solution. Drafting a parenting plan is not an easy process, and it can be beneficial to be as thorough as possible. Being thorough can help you avoid potential problems in the future.

California's new law protects your pet during divorce

There are many ways in which your dog, cat or other pet is different from other items you own. For one thing, the animal is a living creature, and you may even feel that your pet understands what you say and perceives your emotions. You would probably not take your sofa on vacation with you or allow a lamp to sleep in the bed with you, but many pet owners extend these privileges to their furry companions.

Unfortunately, in the past, if you were facing a divorce in California, your pet did not get the same consideration in court as it did in your home. In fact, in many states, divorce courts see pets as property, like your sofa or lamp. This often leads to contentious property division battles where one spiteful spouse fights for possession of a pet only so the other cannot have the animal who is a beloved companion. Recently, however, a new California law is changing the landscape for pets during divorce.

Can your credit score predict your divorce?

It is not a mystery that conflicts over money create tremendous stress in a marriage, and that more than a third of couples who divorce claim financial strain is the main reason for the downfall of their relationships. You may be among this group who has decided to end their marriages rather than continue in distress.

The financial strain you and your spouse are experiencing may result from having too little money to meet your obligations or from a disparity in your core philosophies about how to make, spend and save money. You are not alone, and a recent study reveals that even those couples with significant wealth are not immune from the stress of financial troubles.

How can an attorney help you through your divorce?

Your divorce may be a very personal event. While you may find comfort in talking to friends about the emotional upheaval you are going through, chances are you want the final discussions and decisions to involve as few people as possible. This may be one reason why you are reluctant to contact an attorney to guide you through the process.

It is true that hiring an attorney means having more people participating in your divorce as well as costing you money when you already have concerns about your finances. However, there are some important benefits to having legal counsel during this most difficult time.

California parental child abduction: How to rectify and prevent

No two California divorces are the same and some are undoubtedly more acrimonious than others. If you're among those who worried that post-divorce child custody relations would be problematic, you are definitely not alone in your struggle. There's a big difference, however, between not getting along well with your spouse (after all, that's likely part of why you divorced) and facing an emergency situation. If you think that your child is in danger or your ex has committed a parental child abduction, you can reach out for immediate support.

Various support networks can help you get your child back. Whether you have sole or shared custody, no one (including your child's other parent) has the right to take your child anywhere without your permission. Even if you initially granted permission for your son or daughter to go somewhere with his or her other parent, you can expect your ex to bring your child back at the agreed upon time. Post-divorce parental child abduction is a serious matter; there are laws to help protect your rights and your child's safety.

Preparing to file for divorce

When the realization hits you that you cannot carry on any longer in your marriage, you may feel a mixture of relief and anxiety. Whether your marriage was contentious or simply empty, the decision to divorce opens new possibilities.

As eager as you may be to get through the process of divorce and move on with your new life, there are certain factors you cannot rush. In fact, before filing for divorce or even announcing your intentions to your spouse, there are critical steps to take if you hope to enter your post-divorce life with any sense of financial security.

Ending your marriage by filing for an uncontested divorce

The process of ending a marriage is difficult. It is emotionally and logistically challenging to separate two lives, no matter how amicable the two parties may be. While divorce is never easy, there are options that could make the process slightly less complicated. One of these options includes filing for uncontested divorce.

Uncontested divorce is not an option for every California couple, but it could be the most appropriate choice for your individual situation. If you and your spouse agree on all issues and have no reason to further dispute anything, this could be the right option for you. It may be helpful for you to seek a full understanding of your rights and your choices before you move forward with a decision that could impact the rest of your life.

Questions you should ask when consulting a divorce attorney

How long have you been practicing divorce law?There is no substitute for experience. Knowing the judges, the local rules, and opposinglawyers is very beneficial. Having actual trial experience is also invaluable for a divorce lawyer, as is experience in drafting and negotiating Separation Agreements, Pleadings, and Court Orders.

Preguntas que debes hacer en tu consulta con un abogado de divorcios

Sabemos que hablar con un abogado familiar que lleve divorcios puede ser difícil. Aún cuando no haya tomado la decisión de llevar a cabo el divorcio, quizá puede estar buscando información del proceso y de cómo se llevaría su caso. 


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