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Redondo Beach, California, Family Law Blog

The case for prenups

He popped the question; you said yes. Life is going pretty good for you and your fiancé. You've now set a date, you're working on the intimidating stack of things that need to be done to plan your wedding. The last thing on your mind is thinking about a future without your loved one. Yet the sad reality throughout the United States, including many residents in and near Redondo Beach, California, is that approximately half of all marriages ultimately end in divorce.

Divorce can seem like such a dirty word, especially now, with your wedding and the rest of your life together on the horizon. There are many reasons why a couple could get divorced. Many of the reasons you are not even aware of. They are things that could happen down the line. One never knows. But it is always good to plan ahead, right? Thinking about the future and what could or could not happen.

Divorce can feel overwhelming, we are here to help

The stresses of a divorce can seem unbearable at times. Not only are you trying to work with your soon to be ex-spouse, who may be less than agreeable or willing to work with you, but you need to also try to navigate through life without letting the divorce affect you.

There often is so much to go through, property division, alimony or spousal support, and if children are involved, child custody, child support and visitation rights. It is not uncommon for people to feel overwhelmed during these times, and they may not think rationally about how to proceed.

Property and divorce in California

Divorce does not just mean separating from your spouse, it also means potentially separating from your property. After more than twenty years of marriage, you and your husband have built a substantial portfolio that includes stocks, bonds, retirement accounts and real estate. Now that you are considering divorce, you worry about what will happened to what you consider to be your share of the marital property.

Many people that are on the verge of divorce have concerns about the state of their finances once they lose access to a significant portion of what was once joint property. Fortunately, an experienced divorce attorney in the Redondo Beach area can help you prepare for what to expect when it comes time to finalize your divorce.

Protecting your rights and your relationship with your children

If you have children, you are well aware of the importance they play in your life, but also the importance that you play in their life. When going through a divorce, the courts are aware of each parent's unique relationship with their child as well.

The courts make every effort to assure that the best interests of the children are met when making decisions during a divorce. They will look at the role each parent plays in their children's life, and use that as a major factor in determining child custody.

California family law strategy

In the lives of California residents, divorce can be a pivotal moment. Deciding to divorce can be one of the biggest decisions they will ever make. Although it can be, at times, a scary prospect -- there may be many unknowns when it comes to divorce -- it can also be a positive development. After all, no one in a marriage that is going really well would decide to divorce. Usually, spouses will give it an honest try before deciding to split up permanently.

However, oftentimes, couples do not really think through the logistics before beginning the divorce process. Divorce can involve many family law issues -- child custody and validation, complex property division, child support and alimony (spousal support), and the like. Every divorce is unique, and every divorce will involve its own combination of family law issues.

A look at child custody in California

For California residents who are about to enter into a divorce, there can be many uncertainties weighing heavy on their minds. There are many divorce issues to settle, including alimony, property division and the like. And for divorcing couples with children, these issues can prove to be even more contentious. Especially with children involved, it is not uncommon for there to be a number of disagreements that can quickly become heated. This is why it is often important to devise a strong legal strategy so that the best case scenario can be fought for.

Of course, child custody can be a big consideration when filing for divorce. Some may not know that state laws play a part in child custody cases. In California, there are several factors that courts look at. Of course, the best interests of the child are always the foremost consideration. The courts will also look at the child's health, age and emotional ties, as well as any connections to community and school. Courts will also look to see if there is any history of neglect or abuse with the child.

What is a "no fault" divorce?

For California residents about to enter into a divorce, there are many questions that can arise in the process. Divorce involves many components -- e.g., property division, child support, child custody, alimony and the like -- and all of these individual components contain their own unique complexities. Divorcing spouses may begin to wonder what they can do to make sense of the various financial, logistical and emotional details of divorce. Thankfully, attorneys are available to assist with these questions.

One such question that many may find themselves asking is what exactly a "no fault" divorce entails. In some states, there are situations in which one party must prove fault on behalf of the other party in order to initiate divorce proceedings. California is not one of these states.

A child support modification is possible

As you go through a divorce, you'll want to do everything you can to shelter your children.

Depending on their age, there is nothing wrong with sitting them down and explaining what is happening. However, there is nothing more important than ensuring their health and happiness during this challenging time.

Records to keep for alimony cases

Divorce can be a challenging time in the lives of California residents. Not only are there the emotional challenges that come with separating from a long- or short-term partner, but there are also many logistical concerns. Planning for a divorce often means planning for such divorce issues as child custody, child support, property division and alimony, or child support. Alimony, in particular, can bring forth many questions and confusions and some may not know whether or not they qualify for spousal support.

Plus, alimony often requires numerous records to prove that one is eligible for monthly alimony payments. For most, alimony is tax deductible for the person paying the spousal support. This means that vigorous record keeping is often suggested under alimony guidelines to avoid having one spouse challenge the other for missed payments or some other kind of alimony dispute.

How does legal custody differ from physical custody?

Both legal and physical custody may be shared between divorcing parents. Either may also be granted solely to one parent if a court determines that such a separation of parental rights is necessary to serve a child's best interests. While physical custody concerns where a California child will live, legal custody concerns which of the child's parents will have decision-making power over the important aspects of the child's life.

Though a parent with legal custody of their child may have to make a multitude of decisions about their child's well-being some of the major categories of focus that parents with legal custody must address are their child's health treatments, educational pursuits, and religious exposures. A parent with legal custody may decide if and when a child receives medical care and how that care should be administered. They may decide what school the child will attend and if the child will partake in any extracurricular activities They may decide if a child will be introduced to a faith system and if so which religion that introduction will include.

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Redondo Beach, CA 90277

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