Jenkins P.C.

San Diego Divorce Blog

Couples divorce for several reasons

Although marriage can certainly be difficult, having a weak foundation for the marriage can make it even harder to keep a marital union together. Of course, in some situations, divorce is inevitable no matter how hard two people try to make the marriage work. Here is a rundown on some of the most common reasons for divorce in the United States, including in California.

First, some couples get divorced due to domestic violence, which can take the form of physical or emotional abuse. Other couples decide to divorce as a result of one spouse's abuse of substances, which could be drugs or alcohol. Yet another common reason for divorce, according to a recent survey, is financial trouble. This is because the stress associated with financial problems can cause immense strain on a marital union.

Child support can become overwhelming in California

Getting a divorce is a major life event that can no doubt be hard for parents and their children to come to terms with. The issue of child support can make this event even more complicated and thus stressful for the parties involved. However, an understanding of how courts handle child support may make this aspect of divorce easier to navigate in California.

Young children generally rely on the monetary support of their parents to meet their needs. In light of this, both the custodial parent and the non-custodial parent, following divorce, are responsible for ensuring that their children's financial needs are met. These needs include not only housing and food but also transportation, health care and entertainment.

Negotiating spousal support may yield positive outcome

During a marital breakup in California, a person's feelings of being financially secure long term may quickly be threatened. This is especially true for a divorcing spouse who did not earn money or earned less money than the other party did in the marriage. However, this spouse can negotiate spousal support with his or her higher-earning spouse. Here are a couple of tips for doing this effectively in the Golden State.

First, staying calm during the process of negotiating spousal support is paramount. If the negotiation process leads to flaring tempers, it may behoove both parties to take a break and return to negotiations later on. Also, it is best for a person to avoid asking his or her spouse about spousal support when that spouse is in a hurry or is distracted. Both parties ideally should be in a calm frame of mind when tackling this important and sometimes complicated topic.

Can custody arrangements ever be changed?

Divorced parents often wonder if child custody orders can be changed once they have been created. While it is possible to modify a custody order, you cannot change a custody order simply because you do not like it.

It is usually best for children to have consistent custody arrangements, so you or your ex-spouse must have experienced a significant change in circumstances to change your custody order. Also, that change in circumstances must affect the current custody order, making it no longer in the best interests of your child.

Divorce poses emotional challenges for entire family

Based on research, the majority of marriages do not last long term in California and other parts of the United States. Sadly, divorce is far from an easy process for parents and especially children to go through. Fortunately, parents who decide to break up can take a couple of steps to minimize the emotional challenges their children will face as a result of the divorce.

First, keeping things consistent for the children during the marital dissolution is a wise move. Children are generally resilient, and going through life changes can help them to grow. However, the less upheaval they experience while going through a life change like divorce, the less stressful the process will be for them.

Keeping divorce separate from work is wise

Ideally, people in California would like to keep their marital breakup situations separate from their work lives. However, these lines can quickly blur in reality. For example, they may have to make critical divorce decisions while on the clock. Fortunately, a few tips may help those going through divorce to keep this personal situation from wreaking havoc on their careers and work relationships.

First, scheduling wisely so as to avoid commingling divorce activities and work is a wise move. The reason for this is that focusing too heavily on the divorce during work hours may diminish an individual's work performance. Likewise, workday stress may cause the person to be impatient and thus act impulsively when addressing divorce issues that arise during their workdays.

Divorcing and dealing with child custody may be wise move

A major question that married parents in California who are at odds with each other pose time and time again is whether they should stay married for the sake of their children. This is especially the case if their children are young. According to recent research, it is best for couples who simply can't get along to split up and sort out how they wish to handle child custody rather than stay together.

Research shows that when parents argue often, the children have a tendency to struggle academically and have behavioral issues. In addition, their psychological health suffers, and so does the quality of their adult relationships. These children also have a greater chance of forming families before getting married.

Understanding California's community property laws

It is often difficult for divorcing couples to agree on how to divide their assets. When they cannot agree, the decision is up to California courts. And the courts divide property equally between the spouses. 

In a high-conflict divorce, it is important for both spouses to understand California's community property laws before beginning the property division process. Here are some of the essential pieces of information spouses will need to know.

When can I get a restraining order against my spouse?

In California, there are two qualifiers for requesting a domestic violence restraining order: existence of abuse and a close relationship to the abuser. This means you can only request this kind of restraining order if someone you have a close relationship with has abused you.

Handling shared custody after a high conflict divorce

Going through a divorce can be a trying time for families as everyone tries to navigate the new dynamics. While many former spouses find ways to cooperate and remain civil during a divorce, oftentimes tensions rise too much and result in a strained relationship after the fact.

For many parents going through a contentious divorce, the reality is that they will have to stay in each other's lives for the long haul as co-parents. In California courts, the presumptive ideal custody arrangement involves both parents retaining some level of shared custody after a divorce. This is predominantly seen as the most beneficial situation for the child's long-term health and success.

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