Orange County Family Law Blog | The Law Offices of Dorie A. Rogers, APC
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How is marital property divided in California divorce?

Throughout your marriage, you and your spouse likely shared certain things. For instance, it's not uncommon for spouses to share a bank account. Sharing things is a typical part of marriage, but things can get messy if you later decide to divorce. When you sever your marital ties, you have to resolve many issues concerning finances, child custody (if you're parents) and property division.

California processes the latter in a unique way. This happens to be one of only nine states where community property rules apply. This means that marital assets (and debts) are supposed to be split 50/50 when your divorce is finalized. Navigating the process is easier if you learn as much as you can about state laws before heading to court.

Handle parenting matters with careful thought and respect

Your parenting relationship with your ex can have a big impact on how your children handle the divorce. It is imperative that everything you do in this area of your life is based on what the children need. It can be hard to manage your family while you are trying to work through some of these matters, but finding the balance can reduce your stress and benefit the children.

One of the most important things to remember when you are in this position is that you have to try to keep a positive attitude. Negativity can infiltrate the situation and lead to conflicts and bad situations. You can't change how your ex is thinking about things, but you control your reaction to the issues that do arise.

Talk show maven's estranged spouse seeks financial support

In April 2019, Wendy Williams, the host of the popular talk show "The Wendy Williams Show," filed for divorce from her long-time husband, Kevin Hunter.

The couple has been married for 21 years and has an 18-year-old son. Reports indicate that Hunter has petitioned the court for spousal support and child support. In addition, he has asked the court to order Williams to pay for their son's college expenses.

Help adopted children work through your divorce

Adoption is a beautiful way to add a new member to your family and show a child what it is like to be in a loving family. When you make the decision to adopt, you are agreeing to take care of the child for the rest of their life. If you and your spouse determine that the marriage isn't working out, you will have to come to a custody agreement about your children, including any you've adopted.

We know that this might be a troublesome time in your life, but you must be prepared to make decisions that are best for the children. One thing that you have to consider when you are dealing with an adopted child is that they might be more affected by the divorce than what other children will be. This is especially true if you adopted the child when they were older and have a memory of what life was like before the adoption.

Avoiding summer break arguments with your co-parent

It's hard to believe another school year is almost at its end. Like most California parents, when you look back on the past year, you may notice that your children have done a lot of growing in many ways. Perhaps one joined a sports team or earned honors on his or her report card. Maybe one of your children is a struggling learner and you noticed great effort on his or her part to try to overcome those challenges. If you recently divorced, this may prompt challenges, as well.

For instance, have you and your ex worked out an agreement for summertime? Who will watch the kids while you both work? Will they attend summer camps? If so, who will pay for it all? The sooner you get the terms of your summer co-parenting agreement in writing, the better. Otherwise, you might run into a few legal complications while your kids are on vacation from school.

When is staying together for the kids better than divorce?

Many couples decide to stay together for the sake of their children rather than get a divorce. While there has been a lot of research done on the effects of divorce on children, there has been far less on the effects of staying together for the kids.

According to a University of Southern California (USC) professor emerita of sociology, it is best to ask how the marriage is effecting the kids. She said, "We tend to focus so much on how divorce affects children, but you have to remember they'll have had 18 years of living inside of their parents' marriage."

Parenting time can be fun in Orange County

Now that the summer months are closing in on us, parents can start to make fun plans for spending time with the kids. These don't have to be vacations far away. Instead, they can be day trips to local attractions that provide everyone with an enjoyable day. Many things to do in this area also have an educational element that can help to keep your child's mind sharp during these months off of school.

Taking a day to visit Disney or Knott's Berry Farm is sure to be fun, but you might not relish the thought of having to stand in line most of the day to get onto the rides. There is also the waterpark that is associated with Knott's Berry Farm, but it has limited hours some parts of the year.

Visitation rights of grandparents

Divorce is regrettably common in Orange, California, just as it is in many other parts of the state. When it happens, the children often suffer the most, having to be away from family members who were in their lives on a daily basis before the divorce. In some cases, that may include grandparents, which is why California grandparents should know about their visitation rights.

Can grandparents ask the court to give them visitation with their grandchildren?

Harness your emotions at the end of your marriage

The end of a marriage is an emotionally charged time. Both adults have to be prepared to deal with many life changes. When you have children, you can't focus only on what you need, as you also have to think about what is best for them. There are many considerations to ponder in these cases.

When you are trying to get a handle on your emotions, consider how your coping mechanisms will help or harm your children. They are probably watching you closely now to see what reactions are appropriate in stressful or difficult situations. This is sometimes hard to think about, but it can help you and your children to find positive ways to handle the divorce. You don't want them to see you explode in anger or drown your sorrows in alcohol.

What will invalidate my California prenuptial agreement?

If you ask most Americans, they'll tell you that they don't feel that they're rich enough to necessitate having a prenuptial agreement. We live in an era in which so many marriages end in divorce though. It's more important than ever for spouses to protect anything that they do have. It's important that your prenup is properly executed if you expect a family law judge in Orange to uphold it as valid in the future.

Believe it or not, one of the most common reasons that prenups end up not being enforceable is because they're never written down. Oral agreements do not suffice in California or virtually anywhere else in the United States. For a prenup to be considered valid, it must be written and properly signed by both prospective spouses.