Southern California Family Law Attorney Blog

The time period when a couple in California is ending a marriage may be highly emotionally charged, and at times it is difficult for either party to see through the anger and grief to settle the arguments and disagreements. The situations may be further complicated if the spouses are of the same sex and live in a state that doesn’t recognize or support gay marriage. Finalizing details regarding divorce and child support may be next to impossible if the state refuses to legally allow the two individuals to divorce.

Same sex couples that have not yet married but are considering that step are encouraged to create a pre-nuptial agreement to avoid problems if the couple moves to one of 37 states that don’t currently recognize gay marriage. In these states, the law may not allow for these couples to be divorced, and one or both parties may be forced to move to a different state before the divorce will be granted.

Continue reading Same sex couples in California may need divorce equality also

In a divorce, most couples are more concerned about the splitting of assets and belongings and determining who is responsible for the care and well being of children involved in the divorce. Property division and child support are important parts of ending a marriage in California, but there is also another part of being married that should be split when the relationship ends, whether it is a marriage or a domestic partnership. In order to protect both people in the future, all financial partnerships within the relationship may need to be examined.

Because delicate matters are often at the forefront of divorce proceedings, many couples fail to deal with the steps needed to separate other important financial partnerships. Insurance policies that are taken out for life insurance, health insurance, car and home insurance, disability insurance, and long-term care insurance should also be changed after the dissolution of a marriage or domestic partnership.

Continue reading California insurance policies should be split during a divorce

When a couple decides to divorce, alimony has traditionally been paid by the husband as a way to recognize his wife’s efforts in staying home and raising the children while he worked and built his career. In most situations, the father is the breadwinner and the mother in the homemaker, and when a divorce happens, the law has traditionally been concerned about how the woman will survive without the financial help of her husband, as she may have sacrificed her own education and career for the promotion of his.

As the economy shifts and gender roles within marriage change, many attorneys have noticed a new trend within the specifics of alimony. Statistics show that almost half of working women currently make more than their husbands, and they are being forced to pay alimony after the marriage ends to support their former spouse.

Continue reading Divorce and alimony being reconsidered as gender roles change

When two people who are married make the decision to end the marriage, they seek to obtain a divorce. The divorce process often involves hiring an attorney, splitting assets, settling child custody arrangements, and meeting all the requirements of the law in California. During this time, emotions may be running high, and it can be difficult to agree on important things when one person feels hurt or betrayed by the other spouse. The end of a marriage is rarely a simple thing, but even when it is, the process may take more time than the couple expected.

The fact that even amicable divorces were taking several months or years to complete was a motivating factor for a California judge who is looking to speed up the process for the sixty percent of couples who will seek divorce in California. Couples who benefit from this program may only be asked to pay for court costs, and may find their divorce final in as little as one day.

Continue reading Judge in California hopes to make divorce easier to obtain