San Diego Family Law Blog
A prenuptial agreement can drastically simplify your divorce proceedings, allowing you and your ex to separate amicably and move on with your lives. However, it is always important to remember that a prenup is a legal agreement, and there are certain standards it must fulfill to be valid. Trusting that a prenuptial agreement will fully protect you in a divorce can be a huge mistake, as these agreements can be made null and void in certain situations.
Dividing up your assets and debt during a divorce can be incredibly complicated, especially if you have a child to take care of as well. While you both have a legal responsibility to look after your child, it is not always clear who covers certain expenses. This is especially true if your child has a medical condition that requires consistent care and treatment, as well as reliable health insurance. What often confuses parents in a divorce is which one of them has to pay for health insurance and how medical bills should be divided.
Going through a divorce is always difficult, but it can be especially trying during the holidays. You may still be living together, still have to discuss your divorce with your children, or have to put up with a million questions from family members. Once you add in hurt feelings or looming financial issues, your holiday season can go from a joyful occasion to an utter nightmare. But there are ways to keep your upcoming divorce from ruining the holiday spirit.
For the past two decades, more and more California businesses have shifted to online marketplaces, with many relying solely on e-commerce sites to handle their orders and services. When a business is shared by a couple that later divorces, dividing these assets, especially the digital ones, can be extremely confusing. You may find it difficult to determine what is marital or separate property without the aid of an experienced divorce attorney.
Over the past half a century, the stigma around divorce has begun to lessen as couples become more and more accepting of their individuality and personal needs. For a long time, the elderly seemed to push against divorce trends, and many of us would applaud older couples for sticking together for so long. However, it seems that the divorce rate has finally started to catch up with seniors, which may have serious financial ramifications for them.
For parents living in San Diego, the past few months have been extremely confusing regarding school re-openings. It was only recently that the county unveiled its decision to allow each individual school to choose whether or not to reopen. While some have chosen to continue distance learning, others have chosen a combination of in-class teaching and virtual schooling. In fact, the San Diego Unified School District (SDUSD) has decided to remain closed for in-person classes for the Fall 2020 school year and require students to continue distance learning for the remainder of the year for most students.
Divorce can be a messy and challenging process, even when the spouses are on good speaking terms. The division of assets, custody of children, and other aspects of divorce can cause contention and be very difficult to manage on your own. For many, the solution is to hire a lawyer and work the divorce through court proceedings—which is considered an “adversarial” method of resolving a divorce. But there is often a better solution: mediation.
International laws surrounding divorce can make the process more difficult for couples living in two separate countries. Many San Diego residents got married while oversees or met their spouse in another country before returning to the United States. When their relationships break down and they separate, one partner may return to their home country or move elsewhere. This has led to some confusion about how to file for a divorce when one partner lives in a separate country or the marriage was officiated outside the United States.
Many California families are struggling to determine how to handle the legal requirements in the midst of the Stay at Home Order. California residents have had to transition rapidly and suddenly to new work environments, either with modified work schedules or by working remotely, while others have been laid off completely. In addition, some parents are dealing with modified custody schedules, while divorcees are worried about paying child or spousal support. With the closure of California courts to the public, many are unable to file modifications or new cases until the lockdown is lifted.
A divorce involving children can be difficult on its own, even without thinking about financial matters. In some cases, you may have family heirlooms or property you want to save for your child. Or, if your child is the result of another relationship, you may worry that anything you set aside for them will be considered marital property. However, there are ways to ensure your child’s right to inheritance is not violated in a divorce.