Orange County Family Law Blog | The Law Offices of Dorie A. Rogers, APC
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A prenup provides inheritance and business protections

Prenuptial agreements are one document that is often misunderstood. Some people think that they don't need one if they don't have a lot of money. The fact of the matter here is that everyone can benefit from having a prenuptial agreement in place before they get married. You have to try to think ahead when you are trying to determine whether you need one or not.

One thing that might make a difference in your decision is if you think you might get an inheritance. Even if this is only going to contain sentimental items, you need to include it in the prenup so that you know it will come to you if you get a divorce. It would be sad to think that you are unable to keep family heirlooms because your ex wants to be spiteful. The prenup can shore up your rights if the inheritance is something that would be classified as separate property anyway. You can think of this as a safety net of sorts.

Do you need to convince a California judge that your ex is unfit?

Many parents have differences of opinion regarding how to raise their children. Maybe one parent likes to let kids stay up late on weekends, but the other parent believes it's more important to be consistent with an earlier bedtime. You and your co-parent might have minor issues that cause friction between you. It's not uncommon, and it's often not impossible to find common ground on which you can build a compromise.

However, if you're heading to court for a custody battle in divorce and you believe you should get sole custody of your kids, you'll have your work cut out to convince the judge to agree with you. Most judges believe it's best for kids to have healthy, active relationships with both parents after divorce. If you think your ex's presence is a detriment to your children's well-being, you need to be able to support your claim with evidence.

Divorce numbers spike in summer

Summer means the kids are out of school and vacations are planned and taken. It can also be a time of added stress on a marriage. Anytime there is a significant change to your daily routine, it can result in additional stress.

Some marriages do not handle the stress well, and eventually, one spouse may file for divorce. A study by sociologists from the University of Washington between 2001 and 2015 in Washington State found there is a pattern that occurs biannually when it comes to divorce. The two most common times to file for divorce are during the summer and in January after the holidays.

Practicing patience can diffuse contentious co-parenting matters

Trying to make your child custody arrangements work after you go through a divorce can be challenging. You have to figure out which arrangements will work best for your family and how they will impact your children. One attribute that must be present when co-parenting your child is patience. There are going to be some frustrating times ahead as you adjust to parenting your child across two homes.

Having a healthy environment in which the children can thrive should be the shared goal of co-parenting. Before you embark upon a situation, you have to think about how your ex is likely going to react to it. If the person was manipulative during your marriage, that might continue in the co-parenting relationship. Shoring yourself up to this possibility can help you have patience when they start to push your buttons.

4 reasons marriages end in divorce

Relationships aren't easy and sometimes, it becomes impossible to keep them together. There are a number of reasons why some marriages end in divorce, and other marriages flourish.

Here are some reasons why divorce happens; there are other reasons, of course, but here are four of the most common reasons:

Encourage extended family member relationships

One of the scary things that children think about when their parents go through a divorce is what is going to happen with their relationship with their aunt, uncles and cousins. This could actually keep the kids up at night, so these extended family relationships must be considered carefully when you and the other parent decide to call it quits.

It is imperative that both parents remind the children that they are going to continue their relationship with aunts, uncles and cousins. Even if the ones they are close to aren't on your side, be there to encourage the child's relationship. There isn't any reason why the children should feel as though they need to lie, sneak or disobey a parent just so they can continue these meaningful relationships.

Will separate bank accounts save my money in a divorce?

If you live in California or a handful of other states, you may believe that having separate bank accounts when you are married is a way to protect yourself during a divorce. This is not always the case and believing so could set you up to lose a lot of money during your divorce.

According to some divorce attorneys, separate accounts that contain money acquired after you and your soon-to-be ex were married will be considered marital or community property.

Consider options for the martial home during divorce

One of the biggest decisions you will have to make when you are going through a divorce is whether you want to fight for the marital home or not. While many people just assume that they will battle it out for that residence when the marriage ends, there are some instances in which you might not want to try to keep it.

First, decide if you want to live with the memories in the home. Individuals who have had a bad marriage, such as one filled with abuse, might not want the reminders of what was going on. Your mental health is more important than trying to hang on to a house that isn't going to help you move forward, so don't be worried about bidding adieu to the home and the memories if necessary.

When can I request a modification of spousal support?

Many couples in Orange assume that their spousal support order is final once the California judge signs off on it, but this isn't true though. If there is a significant change in circumstances since it was reviewed by them, then it's possible for a partner or spouse to request a modification. There are various reasons that someone may request for a spousal support order to be changed or ended.

If you're the paying spouse, and you experience a sudden decline in your health or a loss in employment, then you can request a modification right away. If your recipient ex isn't trying to become self-sustaining or has recently taken on a job, then you may request for a judge to terminate their support. You can do this if they've recently remarried as well.

Adjusting to a single-parent household after divorce

Like many parents in California, you likely had many worries weighing on your mind after deciding to divorce. You no doubt had concerns about how your decision might affect your children's lives, although you were hopeful that your kids would successfully adapt to a new lifestyle. Especially if you were married for many years, transitioning into single parenthood can be quite challenging. Divorce often evokes a string of mixed emotions.

In addition to child custody, support and other child-related matters, there are financial implications to consider, including what you're going to do with the house. Any number of legal issues can arise as your household becomes a single-parent household. Knowing where to seek legal guidance support can help make the process less stressful.