Posts tagged "Divorce"

Prenuptial agreements are not just for the rich and famous

Many California couples who are planning on getting married might feel that having a prenuptial agreement is not necessary because they don't have a significant amount of assets. However, such an agreement is not designed solely for those who are wealthy or famous.

Finding a parenting plan that works for all parties

California parents who are going through a divorce may need to create a parenting plan that includes a schedule for when their children will spend time with each of them. Courts often encourage parents to work toward roughly a 50-50 schedule, and some parents may assume the easiest way to do this is to have the child alternate weeks with each of them.

Statistics indicate women filing for divorce is more common

In a California divorce, many issues will come to the forefront, such as spousal support, child support, property division and more. People may forget about one of the key factors in a case: what led to the end of a marriage in the first place. Understanding who initiates divorce and why can be key in a case.

Strategies for co-parenting, custody and visitation issues

Divorce in California can be difficult. This is especially true when there are children involved. The best interests of the child should be paramount, but this can be complicated when the parents disagree about co-parenting. Child custody and visitation frequently lead to acrimony between the parents. Understanding how to address these concerns can be key to a successful resolution.

The benefits of postnuptial agreements

Postnuptial agreements allow married couples to decide for themselves how their assets should be divided in the event of a divorce. These documents have always been popular in western states like California where strict community property laws give judges very little discretion. When divorcing couples in California cannot reach an agreement and no prenuptial or postnuptial agreement is in place, judges divide the marital assets equally.

Why divorce rates climb as the new year dawns

For many California couples, January may be a time for new beginnings and new divorces. For a number of reasons, divorce attorneys and even Google searches back up the claim that the new year brings with it an increased number of divorce filings across the country. Even as overall divorce rates are on the decline, with the rates of dissolution in 2017 being 8% lower than they were one decade prior, every year, January shows an increased number of newly initiated proceedings. There are a number of reasons why people choose to divorce along with the turn of the year.

Why mediation may be better than litigation

Spouses who are going through a divorce in California may want to do so with the help of a mediator. Mediation can be an effective way for individuals to express their needs in a timely and safe manner. Typically, it is a less expensive option than settling a divorce in court, and it can be a less traumatic option for any children a divorcing couple may have.

Managing finances for women during and after a divorce

While both women and men in California may face challenges after a divorce related to finances and children, these challenges are more common for women. Women have three times the poverty rate that men do after a divorce and tend to suffer a loss in income while men's incomes often increase. On top of this, mothers are still more likely than fathers to get child custody, and this can leave them concerned about how they will support their children.

Co-parenting with a toxic former spouse can be hard work

Child custody decisions in California and around the country are made based on the best interests of the child. There was a time when following this doctrine usually led to mothers being awarded primary custody. However, shared custody and co-parenting arrangements have now become more common. Family law judges have warmed to co-parenting because research has shown that children suffer less emotional trauma following a divorce when they can spend time with both of their parents, but making these arrangements work is sometimes extremely challenging.

Handling property division with a marital home in a divorce

There are many issues that must be navigated in a California divorce. One of the most common sources of disputes is determining what will become of the marital home. Understanding the complexities and addressing them can avoid conflict and help craft a resolution.

Gavin & Dersch Law and Mediation

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San Diego, CA 92130

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