Jenkins P.C.

San Diego Divorce Blog

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.

Several emotional phases lead up to divorce

Couples in California naturally look forward to staying married long term after their wedding days. However, sometimes, divorce happens due to irreconcilable differences between two spouses. Here is a look at how people who are going through divorce can make the process less stressful for them from the start.

First, it can be helpful to recognize the various emotional phases that lead up to divorce, ranging from denial to shock/anger, bargaining and depression. During the first phase, people find it hard to believe that their marriages are coming to an end. In the second phase, they begin to blame the other party for their marital failures and issues. During the third phase, people make an effort to save their marriages, and in the last phase, they may feel down about now saving their marital unions.

Some steps may help in uncovering hidden assets during divorce

Couples in California and elsewhere decide to get divorced for a multitude of reasons. However, the common factor in many divorces is the destruction of trust. When distrust is the problem, it is possible that one of the spouses might have hidden property from his or her significant other. For this reason, it is critical that those going through divorce ensure that all marital assets are uncovered during their divorce proceedings.

Understanding how individuals often hide their assets may be helpful for tracking down hidden assets more efficiently. The majority of individuals hide property by denying that the property exists or transferring this property to third parties. They may also claim that the property was lost or create false debt.

Parent-teen communication important after child custody battle

Getting a divorce is not an easy process for the two spouses involved, but it can also be hard on any minor children they have. In fact, a child custody battle can be particularly hard on teenage children in California. Research, however, shows that divorced parents can keep positively communicating with their teens by taking advantage of modern communication tools, like FaceTime.

Researchers recently took a look at data associated with 400 divorced parents who had teen children. They identified co-parenting relationships that were conflictual, moderately engaged or cooperative. Next, they explored whether there was a connection between a certain type of co-parenting relationship and the relationship between the parent and teen.

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