California Family Law Blog

Divorce planning in the summer

Experts say that the best time for California residents to begin planning a divorce is during the summer. The results of a study conducted at the University of Washington show that divorce filings tend to increase during August and March. The researchers discovered the biannual pattern of divorce filings by examining divorce filings in Washington that were dated from 2001 to 2015.

If a marriage is experiencing complications, those complications can become worse if the couple has to spend more time in each other's company. The increase in divorce filings occurs when such couples are able to resume their routines.

John Schneider did jail time over alimony

If you file for divorce in a California court, you can expect to encounter several challenges if you and your soon-to-be ex don't see eye-to-eye on certain issues. Money is often a big bone of contention, especially when there are high assets at stake. It's always best if you and your former partner in life can discuss problem issues ahead of time, so as to avoid a nasty, perhaps lengthy court battle.

Actors such as John Schneider understand what it's like to be in a legal battle while you're trying to get on with your life after divorce. While you may want to start afresh, leave the past behind and maybe even enter a relationship with someone new, you might want to make sure all the loose ends are tied regarding divorce proceedings before you make any major life changes.

What is the best option to pay for divorce costs?

When California residents begin to consider divorce, one of the first questions they have to answer is how to pay for it. With legal fees averaging about $15,000, the process of ending a marriage can be very costly. Additionally, once the settlement is final, there might be child and spousal support to be paid as well. Deciding how to pay for the divorce can also significantly impact each person's financial health post-split.

One way to pay for divorce is by taking a personal l loan that requires no collateral. This is important as most, if not all, marital assets are considered in divorce litigation. Personal loans usually have an extended period for payback, with a set interest rate, which means the borrower can predict how much and for how long they will have to pay. However, borrowed amounts are set, so if any additional divorce costs appear, the borrower would need to take out a new loan. There is also an application process, interest rates might be high or the person might not be able to get the loan.

Gender and finances can affect likelihood of divorce

In California, families may have a wide range of financial arrangements. Some couples may have a primary earner and a stay-at-home parent; in other cases, both partners work at a job outside the home. Despite the advances made over the years in terms of women's achievement in the workplace, many people still expect that in a marriage, the husband will be the higher earner of the pair. These kinds of social expectations can have damaging effects: One study indicates that couples in which the wife earns more than the husband are one-third more likely to divorce.

Of course, there are a number of factors that can lead to the end of a marriage, and this may be less of a negative figure than it suggests. Women in unhappy or even abusive relationships may be more likely to divorce if they are financially independent. The likelihood of divorce may also be linked to the reasons for a financial disparity; in some cases, the lower-earning husband may be long-term unemployed rather than working hard for lower pay or serving as a stay-at-home parent.

California spouses may relate to celebrities who divorced

One thing most California spouses might agree on is that marriage can be quite challenging at times. Whether you've only been living the married life for a year or two or you have been with your spouse for decades, you've likely overcome some tough times in your relationship. You happen to reside in a state where many celebrities live. They often experience serious marital problems too. The only difference is that their stories are often told in public.

That being so, you may relate to numerous issues that many celebrities have experienced in divorce. Then again, if you haven't filed a petition yet, you might be able to avoid certain problems by reading about some of the most contentious and expensive divorces in Hollywood.

Study looks at attitudes toward stay-at-home parents in divorce

In a community property state like California, a stay-at-home parent is entitled to an equal share of the marital assets in a divorce, even if that parent has never worked outside the home. The value of each spouse's contribution may be weighed in deciding how to divide assets. However, it can be difficult to put a monetary amount on the contributions of a stay-at-home parent.

Roughly one-quarter of American mothers with kids 18 or under stay home. However, only 7% of fathers stay at home with the kids. A study that examined attitudes toward a stay-at-home mother in a divorce scenario found that while both men and women recognized the value of being the breadwinner and the caregiver, women awarded more to the mom in the divorce. The scenario gave the same information for the father(breadwinner) and mother(caregiver), but there were six variations in their property, occupations and education. Men tended to appreciate the breadwinner's contributions more highly, but they gave a larger share of the property to the mother if she had more education.

Making a success of co-parenting

The divorce process can be especially difficult for California parents who have kids together. Despite wanting to get on with life, they may face challenges related to co-parenting. There are a few ways that co-parents can make their lives and their children's lives much easier.

One helpful thing to do is to keep the kids out of the middle of the divorce. Unfortunately, some parents put their children in the middle of it unintentionally. After custody and visitation have been established through a formal agreement, co-parents should avoid having their children communicate for them. It's also important that kids feel comfortable sharing the experiences they have in both households.

Assuming a mortgage is a good option for some divorced couples

As roughly half of all marriages in California end in divorce, it's important that couples think about what they'll do if their relationships don't work out. This is especially important in regard to jointly owned real estate.

Many couples purchase homes and take out mortgages that give them cash they can put toward repairs and other things that they need. When they decide to divorce, they have a few choices as to what to do about that mortgage. The spouse who wants to keep the house can pay half of the home's equity to the other spouse. Couples can also opt for the assumption process.

Cryptocurrency emerges as a contentious divorce issue

As cryptocurrency becomes a more popular investment for people in California and across the country, it is also becoming a growing issue in a divorce. Bitcoin was launched in 2009, but the values of cryptocurrencies have soared in recent years as have the different types of coins available on the market. In many cases, cryptocurrency holdings can become a significant factor in high-asset divorces as one of many valuable items of property to be divided. Some people have also alleged that their former spouses are using cryptocurrency technologies to hide assets from family court.

When cryptocurrencies are involved, some divorces may become longer with increased attention necessary to asset investigation and verification. Of course, it is also possible to conclude an amicable divorce that includes a cryptocurrency distribution. However, when spouses are locked in a battle over asset division, cryptocurrencies can play a role. This is especially true for undisclosed or hidden transactions. While some online exchange purchases are easily taxable, other direct purchases can be more difficult to track, especially if the crypto assets are not disclosed to the IRS by the holder.

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