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Los Angeles Family Law Blog

Financial mistakes to avoid during divorce

Marriages end for a myriad of reasons. However, one common thing about divorce is that it is expensive, especially for California residents. Here are some common mistakes to avoid for those who are going through a divorce.

For some, shopping can be somewhat of a cathartic experience and a form of stress relief. However, retail therapy should be avoided during a divorce now that financial situations have changed. Divorce not only means the loss of a spouse, but it can also mean a loss of income. It can be tempting to cash in investments to pay bills, but this should also be avoided. Selling investments can sabotage long-term financial goals, and taxes will be owed if appreciated investments are sold.

Advice for fathers seeking child custody

In traditional American families, mothers were the primary caregivers and typically raised the children while fathers worked. These days, fathers are taking a more active role in the lives of their children. However, child custody family courts in California still lean somewhat in favor of mothers. Fathers still have a stigma as being the bad guy during a separation, and it can leave many great fathers on the wrong side of a custody battle. Here are some tips for dads to increase the odds of obtaining custody of their children.

One of the most important things fathers can do during a divorce is to document everything. Providing proof of everything that is said and done in this situation can be very advantageous. During a custody hearing, judges place the needs of children first, so they will often inquire about the parents' relationship with their children. Make sure to always have a great relationship with children and be prepared to respond to these types of questions.

How to make divorce an easier transition

Ending a lengthy marriage can definitely be troubling and unsettling. Divorce is possibly one of the most difficult life transitions that a person can go through. However, about half of all marriages in California and across the country end in divorce, so this is something that thousands of people will experience this year alone. The following advice could make this a more peaceful and less stressful transition.

Before going through with a divorce, make sure that it is the best option for the situation. Sometimes, close friends and even family members can influence decisions and may even push spouses to split. Divorce is final, so make sure it is warranted.

How can I get a permanent domestic violence restraining order?

If you are in a relationship that has become dangerous, a domestic violence restraining order may help protect you and others from abuse. A domestic violence restraining order is a court order that can prohibit your abuser from contacting you and require him or her to abide by other terms appropriate to your specific situation.

A permanent domestic violence restraining order is not truly permanent. However, this type or restraining order can last much longer than an emergency protective order or a temporary restraining order. A permanent restraining order can last up to five years, and if necessary, you may apply to renew the restraining order after it has expired.

Child custody: Tips for successful co-parenting

Although marriages end for a myriad of reasons, the top priority for most parents who divorce is the safety and well-being of their children. It is not uncommon for both parents to want primary custody of the kids, which can cause child custody battles to erupt. However, more California parents these days are choosing co-parenting custody arrangements. Here is some helpful advice to follow for successful co-parenting.

Divorce can be ugly and emotions may linger. In order for co-parenting to work, parents must be a cohesive unit and put differences aside for betterment of the children. The marriage is over, so don't drag problems from the marriage into parenting. Leave the past in the past and never say negative things about the other parent in front of the children.

Helpful tips for those who are experiencing divorce

The end of a marriage is always an incredibly difficult challenge. Those in California who go through a divorce can be left psychologically and emotionally devastated. People change over time, and sometimes ending a marriage is needed and warranted. However, this doesn't make the process any easier or less stressful. Here are a few tips that could prove helpful to those who are going through this experience.

Divorce is not unlike death in that it's a sudden loss. Just like those who experience a loss, those who experience divorce should also take time to mourn and process the grief that they may be experiencing. It will be tempting to numb the pain but, instead, work through these feelings. Processing these emotions will help with personal confidence and make it easier to move on.

Going through a divorce more than once does not get easier

There are countless reasons why a marriage does not thrive. When a divorce is the best remedy for a couple's problems, it is still a difficult process. When California residents have later remarried, it may be even more challenging to have to seek a second or third divorce.

Many people are willing to take a chance on a marriage again. However, just like any other relationship, a second or subsequent marriage may also experience difficulties that are insurmountable. Sometimes, a person may find that he or she married too soon after a previous divorce or the effort to blend families proves to be impossible.

California may rethink the way it tries child custody issues

There are now in consideration legislation intended to make child custody hearings fairer. The goal behind every such initiative is to make certain that each parent plays a role in raising the child. Also, legislators wish to ensure that any determination is in the best interest of the children.

A recent California news outlet article speaks of an initiative to make available jury trials in child custody cases. If passed, this legislation would give parties to a dispute the right to demand a jury trial. The measure would also prevent judges from rejecting joint-child-custody determinations made by a jury.

How are assets divided in a California divorce?

California is one of a very few states that uses a "community property" standard to determine how to divide property in a divorce. The law requires any assets that were gathered during the marriage to be split as close to 50-50 as possible.

This brings up several questions: What can be considered assets? What is separate property versus community (marital) property? How does a judge handle a tricky division like a pension?

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