Orange County Family Law Blog | The Law Offices of Dorie A. Rogers, APC
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Orange County Family Law Blog

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Not so fast: How to make sure you are protected when you spouse leaves

Many people who have decided it's time to end a marriage do not always do so with respect for the spouse they are leaving behind. Maybe they've decided a move to their parents in Oregon is the next logical step--and they plan to take the kids with them. Maybe they feel they have a right to more than half of your bank account and they try to empty it before filing. Worst of all, maybe things have gotten heated and you fear for the safety of you and your children.

Is there anything you can do? You haven't even gotten to the basic paperwork of divorce, and you are already worried your future is unfurling without you.

A postnuptial agreement can help clarify marital rights

You have likely heard about all the advantages enjoyed by couples who take the time to craft a well thought out prenuptial agreement. Prenups can provide spouses with a better understanding of their marital rights and responsibilities. The terms of the agreement can also provide each party with a sense of security regarding a number of issues, including debt management and asset division in case of a divorce.

An attorney can help build a strong divorce team

Sometimes in order to resolve family issues, it is necessary to seek legal counsel. This can be an extremely difficult step to take. After all, no one relishes the idea of taking legal action against a spouse or other family member. And typically, such actions only result after all other avenues of conflict resolution have been taken.

Property division negotiations may be more challenging for women

If you are a woman who is going through a divorce, you may find yourself emotionally torn in many different directions. Perhaps on an intellectual level you understand that splitting from your husband is what is best for your future happiness. But at the same time, it can be hard to completely let go of someone who once meant so much to you. It is not unusual to feel so conflicted. But it is important to remember that you will have a long life after the divorce, and as such you need to look after your own best interests.

Mothers can also fail to meet child support obligations

The problem of unpaid child support inspired the rather harsh moniker "deadbeat dad," which applies to men who fail to maintain their payments. It is not surprising that fathers would be the targets of such labeling; after all, most of the individuals who are required to pay child support are men. But what is surprising is that, regarding percentage, women with support obligations are notably more likely to fall short.

If you are considering marriage, consider your finances as well

Finding the perfect partner can be difficult. Some people go through their whole lives without getting paired off with someone who fulfills their needs and makes them happy. So if you have found a person you believe is "the one," it's easy to put on blinders and avoid any issues that may cause consternation.

An attorney can help shield your child from divorce conflicts

"What stupid poem could fix this home, I'd read it every day." Those words are lyrics from the song "Stay Together For the Kids," by rock band Blink-182. The song's perspective is that of a child's whose parents are in a turbulent relationship. The child wants nothing more than for his parents to just get along. But as we know, sometimes a marriage is beyond repair.

Will I have to go to trial to finalize my divorce?

If you are approaching the dissolution of your marriage, you no doubt have a number of concerns. Because a marriage involves virtually every aspect of your life, you will be faced with a number of changes after a divorce. These changes can include where you will live, how your children will adapt to their new situation and even how you will get by financially.

Grandparents have a legal right to visit their grandchildren

What makes a grandparent-grandchild relationship so special? Well, grandparents can see in their grandchildren the perpetuation of their family. And grandparents get the benefits of being able to have fun with a child that is their kin, without taking on the full responsibility of the child's care. And the grandchild gets to spend time with someone who loves them in a way that no other person can. A grandparent can make a grandchild feel extremely special.

Crafting a prenup can help a couple learn about one another

If you are in a serious relationship with someone and are contemplating marriage, you need to know as much about him or her as possible prior to taking the plunge. Perhaps this sounds like a rather unromantic notion. After all, isn't a bit of mystery good for keeping things interesting? Well, yes, so long as you have not committed yourself to a legally binding marital contract. The fact is, it is in both parties' best interests to know each other as well as possible prior to saying "I do."