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Santa Rosa Legal Blog

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.

How to lower child support in California

Unfortunately, just because your divorce is final does not mean the battles between you and your ex-wife are over. One aspect you may continue to disagree on is child support. She may want you to pay more, while you may want to pay less.

The good news is that under certain circumstances it is possible for you to lower your child support obligation so that it is both affordable for you and fair to your child. Increase the chance that you can modify your child support order by utilizing the help of a family law attorney.

Child custody issues could arise when kids are used as messengers

Children can face a considerable deal of stress in their lives. Though parents often want to lessen any discomfort their children may be feeling at any given time, certain situations may be unavoidable. For instance, if California parents decide to divorce, they will likely be unable to keep their children completely free from stress. However, they may have the ability to lessen the stress when it comes to child custody.

By communicating with each other, parents may help their children feel less stuck in the middle of a difficult situation. In some cases, parents who did not part ways amicably may feel as if they can use their children to convey messages to the other parent in order to avoid contact. However, this type of arrangement could be a setup for substantial stress and conflict.

Could gray divorce help California residents regain happiness?

It is not unusual for individuals to stay in unhappy marriages for a considerable amount of time. If parties have children, they may think that staying married is the best route for ensuring that their kids are not adversely affected by divorce. As a result, some California residents may find themselves feeling as if they have lost part of themselves over the years. In the end, once the children are grown and gone, some older parties may choose to end the marriage and start again.

Though the idea of ending a long-term, unhappy marriage can feel freeing, it can also prove frightening. One woman in another state gave her account of getting divorced after 52 years of marriage, and she stated that she was not sure what she was going to do in her life as a single person. Though she thought she would endure the relationship for "the long haul," she did state that she regretted not leaving her husband sooner.

Empathy, professional help may assist during California divorce

If the time comes for a marriage to end, some California residents may fear the dissolution process. They have likely heard numerous stories in which the divorcing couple faced complicated proceedings and continual arguments over who got what. However, not every divorce case has to take on such a tone, and many individuals may have the opportunity for a better process depending on how they approach their cases. 

One aspect that could help some people face a less stressful divorce is to practice empathy. Everyone from the couple themselves to the children to other close relatives can be impacted by the end of a marriage, and understanding that feelings can run high may lower the likelihood of emotional outbursts. Children especially need a stable environment in which to deal with their parents' divorce. 

Know the basic types of California alimony

Alimony, or spousal support, generally ranks among the issues that most concern California couples in the process of divorcing. Understanding why and how courts award alimony can give you a better general idea of what to expect as you proceed.

In general, courts award alimony in the presence of an income discrepancy between the divorcing spouses. Without these considerations, the spouse with the lesser income often suffers financially and may have difficulty setting up an independent living situation.

There is no set way for California residents to discuss divorce

Deciding the best time to bring up a difficult and potentially life-changing topic can seem impossible. Some prefer to plan ahead and anticipate possible reactions, while others may simply want to take a fast approach and get an issue out in the open as soon as possible. For many California residents, telling a spouse about the desire to divorce could be such a difficult topic.

When individuals feel uncertain about potentially ending their relationships, they may feel even more reluctant to broach the topic. However, for some, the end of this particular era may be unavoidable. One man described his situation of asking his wife for divorce after 14 years of marriage. He stated that they had grown apart during their years together and had chosen to separate.

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