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Santa Rosa Legal Blog

California family law advice from friends may not prove reliable

The majority of California residents know someone who has gone through divorce. As a result, when individuals decide to end their own marriages, it is not uncommon for already divorced parties to attempt to offer advice. However, people may wish to remember that not all information they gain about family law issues is correct, and some common myths are often believed.

For instance, many individuals may believe that a drawn-out court battle is inevitable. This is not necessarily the case. The time it takes to complete proceedings depends heavily on the specific circumstances involved. If couples are able to work amicably together, they may find mediation or collaborative law methods to be viable options and skip courtroom litigation altogether.

High-asset divorce can take time to sort through in California

Many people enter into marriage dissolution proceedings with ideas of what they hope to achieve. When parties are dealing with considerable amounts of wealth as part of their divorce process, the situation may turn contentious and take a great deal of time to sort out. California residents may find such a situation currently underway in another state interesting.

Reports stated that many millions of dollars are playing a role in the divorce proceedings for the founder of Cancer Treatment Centers of America and his ex-wife. Apparently, the case has been ongoing for almost a decade, and the woman is reportedly hoping to gain a hefty outcome of $400,000 in monthly alimony. However, legal representation for her ex states that she left him in order to live a simpler life and that her request does not suit that desire.

What if my ex claims too many expenses to pay child support?

During and after a separation, many parents step up to the plate when it comes to supporting their children emotionally and/or financially. Some, however, do not, and the “reasons” can be creative.

For example, one common justification goes something like, “I don’t have any money left over after my bills and expenses are paid.” Here is a look at why attorneys can, and do, go back to court to break down this argument and to enforce child support.

3 reasons to avoid social media during your divorce

Today, social media is an integral part of your everyday life. You may have a habit of posting about every aspect of your life. Now that your marriage is coming to an end, you probably get the temptation to vent to your friends on social media. Maybe you even want to show off your new single lifestyle. While this might feel like normal behavior, it is risky to use social media during divorce.

Your spouse can use the things you post on social media against you when it comes to the outcome of your divorce. Here is why you should tone down your activity on these websites and mobile apps.

Hasty divorce decisions may have negative impact in California

Ending a marriage can often be a time of confusion and stress for everyone involved. As a result, some California residents may find themselves wanting to get through the legal proceedings for divorce as quickly as possible. However, they may also wish to remember that making hasty decisions just to complete the process may have negative effects.

Some parties may think that because an agreement seems good at the present moment then it will work out in the future as well. That is not always the case, and individuals could face struggles and conflicts that may have been avoided had they more clearly thought through the potential repercussions. For instance, a person may agree to allow a soon-to-be ex to continuing living in the home as long as the ex agrees to certain settlement terms.

Is fear holding California residents back from divorce?

Fear is a natural part of life and is a feeling that can often keep individuals from participating in certain activities or carrying out certain tasks. Though many California residents may feel fine avoiding situations that make them feel apprehensive or afraid, letting fear control a person's life could prove detrimental. For some, fear can even keep them from seeking divorce though they are in a negative relationship.

Numerous people feel the need to stay in unhealthy relationships, so parties facing such circumstances should not feel alone. However, they also do not have to feel alone in the desire to get out of the relationship and start again in a more positive environment. For some individuals feeling held back by fear, visualizing other scenarios in which the circumstances are much worse may make it easier to take the desired step toward ending the marriage.

Will adultery impact a California divorce?

Ending a marriage can be a confusing process for many California residents. Though copious amounts of information regarding divorce is available for individuals to explore, some parties may end up with the wrong information or believe misconceptions. This type of scenario could potentially result in people feeling even more lost during their legal proceedings.

One misconception that some individuals may have about ending a marriage is that they may gain a more favorable outcome if a spouse committed adultery. However, because no-fault laws apply to divorce cases in the state, there is no need to prove that one spouse caused the marriage to end. As a result, adultery will likely not play much of a role in the outcomes of the divorce proceedings.

Reducing spousal support because of cohabitation is possible

Your divorce is long over, but you have new questions regarding your spousal support payments. If you have noticed recent changes in the habits and lifestyle of your ex, you may be wondering if there is a way to modify your alimony order.

If your former spouse is living with a new significant other, you might be able to reduce your financial obligations. Cohabitation is one of the main reasons for reducing spousal support in California. Keep reading for some tips to help you pursue a spousal support modification.

Detailed prenup may prevent property division complications

The specific details that individuals include in their legal documents can play a significant role in how useful those documents are. For instance, when marrying California couples choose to create prenuptial agreements, they may simply think that stating that each party keeps his or her own assets will simplify the property division process. However, because there can often be blurred lines when it comes to which assets belong to whom, being detailed may prove beneficial.

One example of a potentially complicated division aspect relates to gifted items. If a person bought an item and gifted it to his or her spouse, does the property belong to the individual who purchased it or to the party who received it? By addressing this specific scenario in a prenuptial agreement, couples may avoid unnecessary complications later on.

California residents may feel intense emotions about divorce

It is not always easy to determine when a marriage no longer has the ability to last. Some parties may feel it coming for a long time, and others may suddenly feel overwhelmed by the knowledge that their relationships no longer works. However, the decision to divorce is an immensely personal one, and many California residents will likely want to give the decision its due consideration.

One aspect that parties may want to consider once they begin looking into divorce is whether they have voiced their concerns to their spouse. Though one person may feel as if he or she has been clear about the problems, there is a high chance that the other individual may not have fully understood. Therefore, individuals may want to ensure that they have done what they can to express their feelings clearly.

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