Orange County Family Law Blog | The Law Offices of Dorie A. Rogers, APC
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Your mind has to rule your heart during a divorce

Making decisions during a divorce can be fueled by a clear plan for your future but it might also be driven by emotions. Your goal in the divorce should be the former option instead of the latter. When you find out that your marriage is over, you must sit down and make a clear plan for your future. Think about everything from how you are going to get social now that you are single through how your finances are going to play out.

We understand that all of these thoughts might not be the most pleasant ones when you are in the middle of such a huge life change. This is why you need to start considering them from the start of the case. You need time to plan and think again and change the plan as needed.

How do I know if I should keep our marital home?

When spouses choose to split up in California, one of the biggest issues many couples face is which person has the right to stay in the house the couple shared. There is no one-size-fits-all answer to this dilemma, but may help you to understand how some of the most common scenarios often play out.

In many cases, one spouse wants to keep the marital home. Sometimes the couple has children who need a home, or a spouse wants to retain ownership of the home for sentimental reasons. In California, this is trickier than in many other states. Not only are home values typically much higher here than in other most other areas of the country, community property laws make it a little more complicated to divide up the value of the home.

Medical drama in child custody doesn't have to happen

Once you have gone through a divorce, you will likely have a child custody arrangement for your minor children. One aspect of this that has to be considered is the child's medical care. There are several different points that you need to think about when it comes to this facet of the child custody case.

First, you need to decide who is going to have the health insurance coverage on the child. This point is usually covered in the child support order, so review it to find out what it says. It is important that the health insurance policy is kept up so that the child can get medical care whenever necessary.

What is a Cost Of Living Adjustment clause?

When parents choose to split up, a child support order dictates just how much and how often one parent pays for the ongoing needs of the child. The amount of child support in each payment varies from case to case, depending on the needs of the child and the resources of the parent given the order. However, as any parent can tell you, a child's needs evolve constantly, and the overall cost of living in California is rarely static either.

One of the primary concerns of parents who receive child support payments is often understanding how to make sure that the child support payments can change if the needs of the child change or the cost of living increases. There are a few ways to approach this. One of the most useful is a Cost Of Living Adjustment clause (COLA clause). When a child support order contains such a clause, the amount of child support increases or decreases according to fluctuations in the cost of living where you live with the child.

Prenuptial agreements should be part of wedding planning

An engagement is the start of a wonderful journey. It is also the start of a lot of wedding planning. While you are planning your wedding, don't forget to take steps to protect yourself just in case this marriage doesn't work. One thing that you can do is to get a prenuptial agreement in place.

We realize that some people feel uneasy about asking their future spouse to sign a prenuptial agreement. This doesn't have to be the case because the prenuptial agreement can protect you and your betrothed.

Do you need to modify a divorce judgment?

All parties involved in a divorce judgment must follow the terms of the judge's decision. However, that does not mean that a judge's decision is unchangeable. Indeed, it may be possible to modify a court's decision at a later time.

When parties ask to modify a divorce judgment, the modifications usually relate to spousal support, child support, custody arrangements and visitation schedules.

Be sure to protect yourself if you plan to get married again

It is very common for people who divorce to decide to get remarried. Of course, while a new marriage holds new possibilities, it also holds risks. If you're considering getting remarried after a divorce, be sure that you take the proper steps to protect yourself and your fairly before you enter into another marriage.

If you endured your first divorce without the help of a prenuptial agreement, then you probably understand just how valuable having a prenup is. While it is hopeful that your new relationship benefits from your past experiences and you've chosen your new partner using this hard-gained wisdom, you should still consider protecting your current assets using a prenup.

Medical care expenses and coverage for children after divorce

Many people think of child support as regularly occurring payments from one parent to the other. While this is an important point of child support, there is something else to think about. This is medical insurance and costs for medical care. These points should be included in your child custody plan.

If you and your ex both have the ability to include your children on your health insurance plans, you might opt to do this. One of the plans could be the primary insurance plan and the other would be a secondary plan. Ultimately, this could mean that you aren't responsible for as many out-of-pocket expenses due to the dual coverage.

Why might a court modify a spousal support order?

When a court determines the amount of spousal support you must pay as part of your divorce order, it is based on the specific details of your income and ongoing expenses. However, these elements tend to change over time, and not always for the better. If life has taken a turn and now your spousal support obligations are more of a burden, you may consider requesting that the court modify your spousal support order to something more manageable.

The court considers a number of different factors when considering whether to reduce spousal support obligations. In general, the court is willing to modify spousal support if your income decreases or if you face unexpected expenses, or if your ex-spouse's needs change.

Think about everything a prenuptial agreement can do for you

As we discussed in a previous post, you have to ensure that you are protecting the enforceability of a prenuptial agreement. This essentially means that you do what you need to do to ensure that the court won't find anything wrong with the contract if you and your ex split.

We understand that the need to have a premarital agreement is something that makes some people uncomfortable. The last thing that you probably want to happen is that you go through the steps of having one drawn up and signed only to find out that the court can't force the agreement to be complied with.