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Santa Rosa California Legal Blog

Is nesting a practical way to share custody in a divorce?

If you haven't heard of the term nesting, you may not understanding this somewhat unusual trend in custody and divorces. Nesting is basically the practice of allowing the children to stay in the family home, while the parents transition in and out of the space. Unlike traditional custody arrangements, where children move between two homes, nesting can minimize the impact of divorce on the daily lives of the children involved.

There are many factors to consider, such as the expense of maintaining not only the family home but the individual residences of each parent. The children may still find the situation stressful, and nesting can create some unique hurdles and complications for your family. However, for some people, it may be a workable solution to child custody in a divorce. Not only does it address visitation, it removes contention over the home from the equation.

Dividing retirement accounts following divorce in California

It can be challenging to prepare for certain changes in life, such as the end of a marriage. For many individuals in California, protecting their financial futures throughout divorce may be essential. Those who have spent years planning and saving for retirement might also face additional concerns, and they may find it advisable to seek guidance on how to divide these assets properly and avoid potentially devastating consequences.

Following the end of a marriage, a person may be eager to split up assets in accordance with the divorce decree and move on with life. However, dividing certain assets, such as retirement accounts, can be a complex process. With certain accounts, one must obtain a qualified domestic relations order prior to splitting up retirement assets, and even with accounts that don't require this document, the presence of a divorce decree may be necessary.

Man accused of DUI after allegedly riding horse on freeway

Many individuals may choose to celebrate their birthdays by going out with friends and enjoying an alcoholic beverage. Following such an event, making the decision to avoid getting behind the wheel of a car is advisable. However, should a person choose an alternative form of transportation, the consequences can be just as severe. A man has been arrested and is facing DUI charges after allegedly attempting to ride his horse home from a birthday celebration in California.

According to reports, the incident began when authorities received reports of a man who was riding a horse alongside a local highway in the early hours of a recent Saturday. Police claim they located the man soon thereafter and stopped him after he exited a freeway. They also assert that his blood alcohol content was well over the legal limit, although the methods used in obtaining these results remain unclear.

Marital debts and their potential impact on one's life in divorce

For many individuals in California and elsewhere, maintaining a healthy financial standing may be imperative. When facing divorce, a person may have concerns about how the process will affect this area of life. While the process of property division will have an impact on one's finances, those who are going through a similar situation may also find it beneficial to consider how the presence of marital debts might influence the outcome of their divorce.

In community property states, such as California, all marital assets and debts must be divided equally between each party in divorce. However, while a divorce decree may state that one spouse is responsible for a debt, if the other party is listed as a co-signer, he or she may still be financially responsible. Should a person fall behind on payments on such accounts, the credit score of each party could suffer the consequences.

Personal property division: A potential hold up

Have you decided to move forward with divorce? Are you beginning to make note of all the assets and debts that will factor into the equation in the weeks and months to come? Are you starting to worry about your ability to remain organized?

It's natural to feel a sense of disorganization during the divorce process, as most people don't have a firm grasp as to what they should and shouldn't be doing.

Divorce conflict could prove harmful to kids in California

It is no secret that the end of a marriage can be a stressful and daunting period. Although divorce could be fraught with emotions, these feelings may only be temporary. However, for parents in California, understanding how one's behavior during a similar process could affect his or her kids may be essential to preventing them from suffering unnecessary harm.

Making the decision to end a marriage can be difficult, especially when children are a factor. However, in some cases, it could be the best choice for everyone involved. Although divorce can be tough on kids on its own, studies suggest that how a children reacts to the situation might have a great deal to do with how their parents handle the process. High levels of conflict can be harmful to kids in a variety of ways, physically and mentally alike.

Bankruptcy: Financial concerns can affect a person's health

As the economy grows, many individuals in California may feel less hesitant about taking on heavier debt loads. However, while a credit card balance may appear manageable at first, if an individual falls behind on payments, the consequences can be severe. Not only can similar issues pose a threat to one's financial stability, but studies suggest that they can also have an impact on a person's well-being. Those who wish to prevent such harm could find it beneficial to consult with a bankruptcy attorney for guidance in pursuing relief.

According to reports, nearly half of all individuals who sign up for a credit card carry revolving balances each month. With high interest rates on many credit card accounts, a similar situation could prove detrimental, as a person's balance may continue to rise if he or she isn't able to pay the balance off in full. Studies suggest that the average card holder pays amounts in excess of $900 each year in interest alone.

Seeking guidance on how tax changes might affect one's divorce

Upon deciding to take separate paths in life, married couples in California or elsewhere may face difficult decisions, many of which could have a significant impact on their lives. With factors to consider such as property division, those who are facing divorce may already view the process with a certain level of concern. However, changes to how spousal support will be taxed could only add to the difficulty of the situation, and becoming informed on this topic prior to entering negotiations is advisable.

While not present in all divorces, in some cases, a divorce decree may provide that one party must pay the other a specified amount of spousal support over a set period. While this could prove a highly contested topic, there are currently incentives that assist in the negotiation of such support. Individuals who pay spousal support can file this amount as a deductible on their taxes, while those on the receiving end must file it as earned income.

Self improvement is a priority after a divorce

The end of a marriage is the start of a new beginning. It is your time to get out, find things you enjoy and improve yourself. When you are ready to do this, you need to take things slowly. The last thing that you need is to rush forward and end up in a position where you don't want to be.

One of the most important things that you can do when you are venturing out into your new life is to improve yourself. For a long time, your identity has likely been tied into your marriage. You need to think carefully about where you are going to go from here.

Adjust your social media use to protect yourself in a divorce

These days, people use social media as a primary means of communicating with friends, family and the world in general. However, you need to carefully consider how you're using social media when going through a divorce. Making the wrong decision or posting the wrong thing to Facebook or Twitter could end up impacting your divorce, from asset division to child custody.

You can turn to social media to gather evidence of your spouse's behavior, but remember that he or she can do the same thing. Take a moment to clean up older posts that may be questionable by deleting them or turning them private, so only you can view them. Also, be very careful about what you share. Anything you put online can, and very well may, end up used against you in family court.

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