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Redondo Beach, California, Family Law Blog

Divorce case shows impact of alimony

Marriage dissolution can be made up of many challenging legal issues, the outcomes of which can redefine an individual's life post-divorce. This may include how much time an individual can spend with his or her child, while leaving them afraid for their financial security. This can be especially true for those who have given up the development of their professional lives in order to take care of duties at home. A divorce can leave these people facing a significantly diminished income without much of an ability to maintain their standard of living. It is under these circumstances that an individual may want to consider seeking alimony.

To see just how big of an impact spousal support can have on one's life, one need only look at the ongoing divorce between the founder of Cancer Centers for America and his wife. According to reports, the owner of the Centers is worth at least tens of millions of dollars. His wife is now seeking $400,000 a month in spousal support. During closing arguments before a judge, the owner's attorneys offered $9,000 a month, plus $450,000 in order for his former wife to find appropriate housing.

How is spousal support calculated?

As we have discussed previously on this blog, divorce is not only emotionally grueling, but can also be a financially devastating one, too, when not handled properly. This can be especially true for those who have foregone a career in order to raise a family and keep the family households. For these individuals, marriage dissolution can mean the cessation of extensive financial support, which can feel extremely unfair.

This is why California allows individuals to seek spousal support. This support is meant to provide an individual with a comparable standard of living that he or she enjoyed pre-divorce. Although the parties can come to an agreement with regard to how much alimony should be paid, many times these matters are heard and determined by a judge.

Top tips for successful co-parenting

When it comes to co-parenting, you have every right to be scared.

Although there are sure to be some challenges along the way, you have what it takes to do what's best for yourself and your child at all times. You simply need to implement a schedule and strategy that works for all parties.

How inheritances can become marital property

In addition to being a time of emotional turmoil, divorce can also leave one on a financial precipice. For this reason, property division can be an extremely important and hotly contested divorce issue. Although many of these issues can be resolved through settlement negotiations, sometimes the matter is heard before a judge. Regardless of how one approaches marriage dissolution, though, he or she will need to know the law and how it applies to their situation in order to proceed in a way that protects their best interest.

One critical thing to understand is how inheritances are treated in divorce. Many Californians inherit property from relatives when those relatives pass away, so it would seem logical that they, and they alone, retain that property. Under California law, this is basically true. The property inherited will be considered separate property in the event of divorce, although that individual will bear the burden of proving that the property was meant to be passed to him or her and him or her alone.

Crafting compelling legal arguments for child custody matters

About a month ago we discussed the standard that is applied in child custody proceedings, which is the best interests of the child. In short, when making a decision about child custody and visitation, a court will consider a number of factors to determine what is best for the child in questions. These factors can include the child's relationship with each parent, any history of drug use or domestic violence, each parent's living arrangement, and how active of a role each parent has played in the child's life. When the child is older, the court may take the child's wishes into consideration.

The difficulty is that these decisions, when made by a judge, are rendered by someone who doesn't know the child or his or her parents. Instead, a judge is relying on the evidence before him or her to make a determination that he or she feels is proper. Therefore, the parents who are presenting these arguments need to be convincing with their claims, especially since each side has a differing idea of what is in the child's best interests.

Certain jobs lead to increased chance of divorce

It doesn't take a scientist to realize that many factors can contribute to a divorce. Infidelity, financial woes, and a general loss of feeling for each other can all leave couples looking for a way out of their marriage. Interestingly enough, studies have found that certain factors can increase one's likelihood for divorce. Amongst those are the type of job that an individual holds.

One recent study found that those under the age of 30 saw a significantly increased risk of divorce if they worked in certain professions. At the top of the list was enlisted military members who serve as supervisors. Three out of every 10 of those in this profession see divorce before the age of 30. Other professions near the top of the list include mechanics and logisticians. Of the top ten jobs, though, three of them involved the military.

How to minimize the impact of divorce on children

Divorce is rarely easy. Splitting couples often find themselves arguing over pertinent family law issues such as property division, alimony, child support, and child custody, which can cause the emotional and financial pressures to swell. During this time it can be difficult to control one's emotions. However, especially when children are involved, the approach one takes in a marriage dissolution can have a long-lasting impact.

Although divorce can have both positive and negative impacts on children, it is often directly related to the conflict between the parents. If children pick up on the fact that their parents are not handling the divorce very well, then they, too, likely won't handle the divorce well. This is why it is imperative that children know that the family will get through this difficult time.

There are some basic steps you can take to prepare for divorce

There is no way of knowing what the divorce process will bring to your life, but there are some basic steps you can take to feel better about the future.

It's imperative to be ready for anything that comes your way, as this will give you a clear mind for moving forward and put your marriage in the past once and for all.

Child Custody and relocation

Going through a divorce can take a toll on a couple's children. Far too often, these children feel like they are at fault in some way, which can only be exacerbated when parents bicker and fight in front of their children. Although the matter may settle slightly once a divorce is finalized, child custody issues can reemerge from time-to-time depending on the circumstances at hand.

On way is when a custodial parent seeks to move. If a California parent has sole custody of the child, then he or she can move whenever he or she wants. However, if the noncustodial parent objects to the relocation, then he or she can stop if it can be shown that the move will be detrimental to the child's well-being.

What does "the best interests of the child" mean?

While going through the court system in a divorce, you may hear that the court's decisions are done in an effort to protect the 'best interests of the child.' But what exactly does that mean?

All parents want their children to grow up in a healthy and happy environment. Unfortunately, if a couple with children is going through a divorce, the living situation may be less than ideal. Even if a couple is unhappily married and about to go through a divorce, the negative feelings might be noticeable to the children. Even if arguments between parents are mostly kept out of sight or sound from the children, they will likely notice the change in the relationship between their parents.

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