Given the high divorce rates in the United States, legal and financial experts often recommend that couples consider drafting a prenuptial agreement before getting married. This contract protects both spouses and their finances in the event of a divorce. If you did not set up one before the wedding, a postnuptial agreement can still enter the picture. However, is it an intelligent choice to draft a marital agreement only after you have tied the knot? Here are the advantages and disadvantages of a postnuptial agreement: Pros of drafting a postnup Financial security: Much like a prenup ..read more

Divorce is a complex and emotional journey. With emotions running high, many divorcing parties end up believing wrong or inaccurate ideas about how the process goes. This can potentially result in misinformed decisions and jeopardized rights and interests. One aspect of divorce where many misconceptions arise is property division. Some false impressions people have include the following: Only physical assets count during the division Some people mistakenly believe that only physical assets such as real estate, cars and furniture are subject to division in a divorce. In reality, courts can divi ..read more

Spousal support or alimony is not set in stone. It can change and continue to change based on the unique circumstances of each situation. Accordingly, many wonder if a ex-spouse remarrying is one of those circumstances that can affect the current spousal support order. Remarriage does have an impact In California, if the spouse receiving support remarries, the court may terminate or significantly alter the spousal support obligation to them. How does it happen? Automatic termination: Under California laws, the remarriage of the person receiving spousal support automatically terminates their ri ..read more

Parents who separate in California need to prioritize their child’s best interest by having a parenting plan. This ensures that their child will continue to receive love, care and support despite their separation. A parenting plan details the child custody arrangement and visitation or parenting time. Custody can be joint or sole. Physical custody refers to who the child lives with most of the time and legal custody refers to who makes important decisions for them. Which visitation order is best for your child? Another important aspect of a parenting plan is visitation. Depending on the circum ..read more

Divorce is undoubtedly one of the most challenging times life has to offer. Untangling the life you knew as a married person will definitely affect every aspect of your being, even your financial situation. If you have recently gone through a divorce, reviewing the legal commitments you have made earlier in life is crucial to ensure your assets are protected and distributed according to your wishes. What key estate planning elements should you revisit after a divorce? Review wills and trust Revisiting your will after a divorce is integral to protecting your assets. Your ex-spouse is mostly lik ..read more

Most people feel anxious when they consider dividing their property during divorce. As a community property state, California requires that spouses treat their marital assets as shared resources in most cases. It can take quite a bit of effort to successfully divide marital property during a California divorce. People fight over what certain assets are worth and over who should physically retain specific property. Some challenges can arise before spouses even begin negotiating how to divide their property. They must first disclose the totality of their marital estate and also declare their sep ..read more

Various factors can affect the outcome of high-asset divorces, especially since they involve more complicated issues than traditional ones. One of these factors is the spouses’ lifestyle during the marriage. Connecting lifestyle and divorce aspects While this is not always the case, the spouses’ standard of living during the marriage can affect the results of certain divorce aspects, such as child custody, property division and support determinations. For instance, courts can consider lifestyle when determining spousal support and its terms. This is to ensure that after the divorce, the unempl ..read more

Divorce is a deeply sensitive matter. Many divorcing spouses prioritize their peace during such a personal process. Maintaining privacy during divorce not only protects spouses’ emotional well-being but also safeguards the interests of any children involved. Here are some thoughtful approaches to ensure your divorce remains as private and confidential as possible. Requesting confidentiality during court proceedings Traditional litigation places divorce cases on public record, making case details available to the public eye. If the circumstances of your case permit, you can request the court to ..read more

Divorce can deny a child a safe and stable home growing up when parents engage in constant, heated disputes. So, both spouses or the judge may request or require a thorough investigation to evaluate a child’s best interests. For cases that involve alleged abuse or mental health concerns, California law may ask parents to undergo a 730 psychological evaluation. It is a comprehensive assessment conducted by qualified mental health professionals to closely examine the family dynamics, gather relevant information and help the court make informed decisions about the child’s well-being. What to expe ..read more

Each divorce can include varying arrangements to address specific needs based on the household’s circumstances. Sometimes, a family has one parent earning income and the other serving as a full-time homemaker. These situations can be complex, potentially warranting long-term spousal support if needed. This setup, also known as permanent spousal support, happens if a spouse earns significantly more than the other party. However, the court considers specific factors before ordering this type of support, such as the marriage’s duration and additional financial information. These details can also ..read more