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Santa Rosa Legal Blog

Adversarial divorce cases may have Californians seeking help

For divorcing California residents who have strained relationships with their soon-to-be ex-spouses, the idea of a conflicting separation process may be disheartening. They may wonder whether there are options that could help them keep the divorce proceedings as civil as possible while also dealing with potential complications that may arise. Luckily, interested parties may be able to follow such a route.

If a friendly divorce seems out of the question, it is likely that individuals will want to consider some form of legal assistance. Depending on the severity of the potential conflicts that may arise and the standing relationship between the parties, mediation may or may not be a plausible route. Mediation could involve individuals discussing their issues and attempting to reach agreements mostly on their own with the assistance of an outside party, often an attorney.

California residents may face complex divorce cases

When California residents must deal with difficult marriages, it is possible that some of those marriages may end in divorce. Divorce could be a way for individuals to escape unhealthy environments, but the proceedings may still not be considered happy affairs. In many cases, the process can become long and difficult, and the reasons for issues could vary. 

Many individuals may consider themselves to be emotional people, and while that description may not always be a negative one, too many emotions could cause complications during divorce. During proceedings, tensions may run high, and parties may be reluctant to negotiate on terms about which they feel strongly. In such instances, conflicts may arise, and proceedings could be reduced to a slow crawl. Therefore, individuals may want to work on shelving unnecessary emotions in order to move forward with clear mindsets. 

Physical and legal child custody info may help California parents

When it comes to divorce, parents may be most concerned with how custody proceedings will be resolved. Though some California parents facing such a process may be able to agree to terms on their own, there are also instances in which the court may have to step in to make a decision. If parents would like a leg up during their child custody proceedings, they may wish to understand the types of custody.

Legal custody and physical custody differ in various ways. Legal custody pertains to the ability and right each parent has when it comes to making certain decisions for their children. These decisions often relate to lifestyle aspects like religion, health care and education. Both parents may retain the ability to participate in such decisions, or there may be outcomes in which one parent's decisions are given more weight then the other parent's. 

Financial issues and divorce may be concerns in California

Finance is often an important area of an individual's life. If a situation arises that could seriously impact a person's finances, taking the time to prepare for the potential blow could be beneficial. Divorce is one of the most common events that could have a substantial financial impact, and, therefore, California residents going through the process may want to protect themselves.

First of all, in order to protect accounts, individuals need to understand them. Gathering important information pertaining to bank accounts, retirement funds, tax returns and other similar documents could help parties know what is going on with their monetary accounts as well as have evidence for court proceedings, if needed. Furthermore, this information could help prove ownership of assets should something be left out or go missing.

Staying focused could prove useful in a California divorce

When California residents are going through divorce, it is understandable that they will likely have a lot on their minds. Therefore, they may find themselves struggling with stress created from their situations. However, individuals may be able to help themselves through divorce by remembering that their actions and behaviors could have considerable impacts on how the proceedings are carried out.

First of all, individuals may want to keep records on a variety of topics. By keeping an account of financial information and even a history of the marriage itself, individuals could help themselves stay on track, as well as provide necessary information to any legal counsel being utilized. By relaying this information, parties may be better able to come up with strategies to help them achieve their desired divorce goals.

Older parties suspected of contributing to higher divorce rates

There has been much debate over whether the rate of ended marriages is actually in the realm of 50 percent. California residents may be interested in a recent report stating that the divorce rate could fall into that percentile due to older individuals divorcing. However, it was noted that divorce rates have fallen since their peaks in previous years, and average marriage lengths are longer than they have been.

However, individuals in the Baby Boomer generation may be contributing to higher numbers of divorce cases. Although younger individuals have been separating less due to waiting to marry later in life and being more selective about their spouses, individuals in the 55 to 64 year old range have more than doubled the divorce rate in the last 20 years. Additionally, individuals over the age of 65 have seen a triple increase. 

Child custody can profoundly impact California kids and parents

Many California parents know that children handle significant changes in different ways. When one of those changes is their parents' divorce, it is not unlikely for children to experience a myriad of emotions about the circumstances. As a result, parents may want to remember to be especially sensitive toward their children's feelings during divorce and child custody proceedings.

In many ways, children may consider and experience divorce as a loss. They may find themselves denying the situation by believing that their parents will work through their issues in order to remain married. It is understandable for them to feel overwhelmed and hope that this major disruption of their lives is not happening, and as a result, parents may wish to be open to communicate about the reality of the situation.

Being mindful of positive parenting when going through a divorce

The decision to file for divorce is rarely an easy one to make, even when you know it is right. You may begin to doubt your own abilities to make sound choices, select trust worthy friends and even be a good parent. Yeah, it can be a tough time, but there is no pause button on your role as a parent.

While sorting through the legal proceedings and injured feelings between you and your ex, try to remember that your kids need your best effort to bring them through the uncertain waters of a new family structure.

California child support negotiations may go beyond dollar amount

Many divorced California parents are concerned with child support, whether they are the ones paying or receiving. Some parents may worry that the payments will not be made and that they will have to face struggles when it comes to providing for their children. Other parents may wonder whether the payments are actually being used to the benefit of the children at all. For the latter cases, parents may wish to determine whether they could add some stipulations to their child support agreements.

Because the payment amount is often the point of conflict and is typically determined by state guidelines, many individuals may not consider negotiating support terms beyond how much will be paid. As a result, they may send off their monthly payments wondering whether the money is being used for food and school supplies or whether it is going to the custodial parents' personal wants. However, individuals may have more options that originally believed.

Correct information about divorce could help California residents

Going through divorce may be particularly difficult for California residents who do not have the correct information about what to expect from divorce proceedings. Because many stereotypes pertaining to divorce are often believed to be the norm, parties may find themselves struggling when it comes to their own cases. For instance, some individuals may believe that mothers are always granted custody of children or that women always receive spousal support, and that information is not true.

When it comes to child custody, there are many factors that can come into play. Considering the best interests of the children involved is one aspect that holds a substantial amount of weight when custody is being awarded. If one parent is seen as being more fit than the other -- regardless of gender -- the more capable parent may gain primary custody. Another misconception regarding custody is that children have the ability to choose the parent with whom they would like to live, but judges do not necessarily have to adhere to those wishes. 

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