Orange County Family Law Blog | The Law Offices of Dorie A. Rogers, APC
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Things to know regarding the family law appeals process

When you got divorced, you were hopeful that you could put the past behind you and move on with your kids to a new lifestyle. You quickly realized things wouldn't be going so smoothly when your ex announced that he or she wanted to change the existing custody arrangement. You weren't overly concerned about it at the time, although you may have been somewhat annoyed.

Flash forward to the court's ruling in your case -- a ruling that was not in your favor. You're now faced with the question of whether or not to file an appeal. First of all, you can't simply ask an appellate court to override a judge's decision just because you were not happy about the ruling. You must have legitimate grounds for an appeal. Determining whether or not you do likely requires help from someone well-versed in family law matters.

Protect your finances in a child support case

Child support is a big financial undertaking for a parent who has to make these payments. It is all too easy to fall into the mode of thinking that the payments are going to your ex, so they are a burden. Instead of thinking that way, remember that the money you hand over goes directly to helping provide for your children. This might make it easier for you when it is time to pay.

We realize that you have to live off of your income and that child support can take a nice chunk out of that. We can work on your behalf to ensure that you are only paying what is a fair amount instead of having to scrape by after the child support is taken out.

Intriguing facts about divorce in America

To understand divorce in the United States, it's important to take a look at some of the more interesting facts and statistics that have been compiled over the years. These can help you see why divorce tends to happen, what the odds are that it will happen to you and more. This understanding can then help you plan for your divorce and how to move forward with your life.

With that in mind, here are a few interesting facts to start with:

  • The highest that the divorce rate ever got, officially, is right around 50 percent. That happened back in the 1980s.
  • Since the 1980s, the divorce rate has actually fallen, though it is still thought that someone's first marriage has roughly a 40 percent to 50 percent chance of ending in this manner.
  • To know what your odds of divorce are, start by looking at the way your state votes. Reports claim that couples in states that vote Republican are roughly 27 percent more likely end their marriages with a divorce.
  • Another thing to consider is whether one person smokes and the other does not. If so, it's 75 percent more likely that you and your spouse will split up.
  • When families have no sons and only daughters, oddly enough, statistics show that divorce is about 5 percent more likely.
  • Overall, though, having children at all does make a couple a bit less likely to divorce than those who have no children together.

Tips for low-stress, post-divorce holidays

If you ask parents what they love most about the holidays, many will likely say they enjoy spending some down time with their children. You might be among those who also say that even though they love the holidays, it tends to be a stressful, busy time of year. If you recently divorced, this holiday season may challenge you in more ways than one; after all, you and your kids will be adapting to your new routines.

Parenting plan terms should provide stability for the kids

Trying to help your child adjust to having their parents split up is difficult. You have to think carefully about what your kids can handle right now. They are probably dealing with a lot of emotions now. These might be more intense than what you realize because children, especially young ones, might have trouble expressing these.

We know that this is a trying time for everyone involved, but you have to ensure that you are thinking of the children first. One of the best things you can do for them is to provide them with stability. Let them see how their new life will be now. Show them that your home is a safe haven for them. Try to keep the peace with your ex so that the kids don't see their parents arguing.

What is a primary caretaker?

When determining who gets custody of the children, the role of the primary caretaker may factor in. Sometimes, this person gets preference over the other parent, seeing as how they have been more involved with the children before the divorce. While both parents often do still get access to the children, the court understands that it may be in the children's best interests to still get the same level of care they have grown accustomed to.

For instance, one parent may generally stay home and care for the kids directly, while the other travels for work. That second parent would likely need to hire a nanny or give the kids to a family member, and he or she may not be able to provide the same care even when spending time with the kids just due to a lack of experience.

Don't overlook the importance of a prenuptial agreement

We recently discussed some common myths about prenuptial agreements. Anyone who is getting married should familiarize themselves with these. You might think that your current financial situation isn't conducive to one of the agreements, but this isn't the type of thinking that is going to protect you. We are here to discuss the benefits of a prenup with you and help you to work through the process of creating one.

When you are trying to decide whether you need a prenuptial agreement or not, you need to think about the future. This can help you to determine what type of agreement is necessary. As you do this, remember that the document can't be one-sided. Instead, it has to offer equal protection for both parties. We can help you to ensure that your agreement is legally valid.

3 myths about prenuptial agreements

Prenuptial agreements may not be romantic, but they can set the stage for your marriage by giving you a legal contract that you both understand and agree to. People often forget that marriage is a legal agreement, and they enter into it without thinking about the ramifications. A prenup allows you to do so.

However, you need to make sure you know how it works. Here are a few myths to be aware of:

Plan your budget carefully to include child-related expenses

One aspect of child custody cases that many people don't like to think about is child support. This financial support is critical for rearing the children, so you must be prepared to handle the commitment to pay it. No parent should ever think of child support as something negative. In fact, you might even say that paying is an honor since it is a way you can be there for your children even when you can't be around physically.

We realize that there are a lot of variables that go into your being able to make your child support payments and still keep up with your other monthly expenses. No matter what your financial situation is, try to keep up on your child support payments.

Can divorce be a positive for the kids?

People often act like divorce can only be a negative for children, and they talk about ways that parents can reduce this impact. While it is important to think of the children's best interests and to understand the potential ramifications for them, you should know that divorce is not always a negative. It can also have a very positive impact on a child's life.

For instance, perhaps the child is trapped in an abusive relationship. It could be that the child is being directly abused, or that he or she is watching a parent get abused by the other parent. For both physical and emotional well-being, ending this relationship is the right thing to do. The divorce can give the child the safe, stable home life that he or she deserves.