Divorce Archives

Divorce and 401(k)s

Employee retirement plans like 401(k) plans are usually not co-owned with a spouse. However, couples in California who are planning to get a divorce should understand how a 401(k) can be treated when a marriage ends.

Financially preparing for a divorce

California residents who are considering getting a divorce might be concerned about how to prepare financially before starting the process and how to plan for the post-divorce future. While settling financial issues can be a delicate process, with proper planning ahead of time, it can be managed.

Couples divorces over political disagreements

According to research, couples in California and across the nation are getting divorced or breaking up over politics. The data showed that about 10 percent of all couples were getting divorced or otherwise ending their relationship due to arguments centered around politics, particularly around the topic of President Trump.

How to limit exposure to debt in a marriage

California residents who are married or planning to do so may benefit from a prenuptial or postnuptial agreement. In some cases, it may limit an individual's liability when it comes to paying a spouse's debt. A prenuptial can be worded to specify that premarital debt belongs to the person who accrued it and that it is separate property during the marriage.

How parents can make summer vacation easier

As children in California get older, they are less and less likely to want to spend their summer vacations with their divorced parents. While this is perfectly normal, it is important that non-custodial parents learn to create living conditions that acknowledge this reality. It may be a good idea for parents to integrate their children into the household by asking them to do chores or otherwise contribute to running it.

Divorce court has no jurisdiction over bankruptcy

California residents who are facing both a divorce and bankruptcy may be interested to learn that a federal bankruptcy judge recently determined that bankruptcy could potentially wipe out divorce settlement obligations. The case was taken to federal court after a Georgia judge determined that the state court did not have jurisdiction to determine the effect of the bankruptcy on a divorce settlement.

The fate of IVF embryos after divorce

While California has clear laws and other general guidelines regarding child custody and parental responsibilities, there are far fewer ones concerning offspring that aren't born yet. Should they divorce, couples with frozen embryos in storage may have to deal with complex and uncertain legal issues regarding what to do with them.

Cuba Gooding Jr. files for divorce from wife of 20 years

California residents may have heard that Cuba Gooding Jr. has finally filed for divorce from his wife. The couple had been married since March 1994, and had been together for seven years prior to that. Gooding's wife had filed for separation in April 2014 citing irreconcilable differences.

Co-parenting can make divorce easier on young children

Divorce negotiations in states with community property laws like California can get highly antagonistic. In many cases, disputes over alimony or asset division have to be settled in court. However, bitter child custody battles have become less frequent as an increasing amount of evidence highlights the benefits of co-parenting arrangements. Furthermore, many parents recognize the emotional damage that prolonged legal actions can have on young children.

Don't let emotion dictate divorce proceedings

California residents who are thinking about filing for divorce in January are encouraged to do so in a calm and rational manner. The holiday time is when divorce attorneys see an increase in consultation and retention rates as it can be a stressful period for most calm and rationale individuals. It may be a season where personal or financial issues are put under a microscope because family members are forced to spend several days together.

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    Attorneys Paul Gavin and Wayne Dersch are certified as a family law specialists. Learn More