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Roseville Legal Blog

Child custody: Addressing the needs of the kids during divorce

Divorce can be a stressful and daunting process for everyone involved, especially children. Parents in California may wish to protect the future well-being of their kids by focusing on reaching a child custody agreement with their best interests at heart. However, a parent may also find it beneficial to consider the current needs of his or her kids and take measures to assist them in dealing with the news of divorce.

Although kids may have trouble grasping the situation, a parent may still find it advisable to speak with them about the divorce, as leaving them in the dark about what is happening could prove detrimental. When talking to kids, it may also be beneficial to address any issues of guilt they may be experiencing. Providing kids with reassurances of love and ensuring they understand that they are not to blame could be paramount to their well-being.

Considering every option regarding the family home in divorce

Many married couples in California and elsewhere place a great deal of thought into the process of buying a home. Should a couple decide to take separate paths in life, they may be uncertain how to deal with the family home during divorce proceedings. When facing a similar situation, one might find it beneficial to consider the potential advantages and disadvantages of keeping the family home before entering negotiations.

In many cases, the family home consists of a substantial portion of a couple's wealth. It may also hold a certain level of sentimental value, which could cause one or both parties to favor keeping the home. However, when transitioning from a two person income to one, an individual might want to consider the potential costs of upkeep and maintenance associated with the home.

Millenials: How to deal with divorce

Regardless of age, ending a marriage in California or anywhere around the country can be a trying experience. This is particularly true if a person doesn't have much of a network for support or empathy with the situation. Many millennials are finding themselves with few peers that understand what they are going through during a divorce. While there are fewer divorces among that demographic, there are also fewer marriages. Thus, someone may be the only person in a group experiencing a divorce.

On the other end of the demographic scale, many older couples are going through so-called gray divorces. In this age group, it is not uncommon to meet others who have also gone through a divorce. However, millennials often have no one to turn to ask questions or seek advice.

Consider custody of pets in divorce

Division of property is a common topic of discussion when a couple's marriage comes to an end in California or anywhere around the nation. Determining who gets the house and dividing assets in a bank account are issues one typically thinks about in a divorce. Custody issues are also prevalent if there are children from the marriage. However, many couples are now facing a dilemma in their divorce process: who gets the pets?

In a few states, family law rules determines custody of a pet. However, for most states in the country, pets are considered to be personal property. This is the case in California. Unless there is proof of harm or abuse to a pet, the animals would be viewed as property.

What does a gray divorce truly cost?

Knowing that a marriage is coming to an end may be a painful realization for many couples in California and elsewhere around the country. While this decision may be difficult for couples of any age, it can seem all the more stressful when the people have been married a long time. According to a national research organization, the divorce rate for older adults in this country has doubled since the 1990s.

In fact, research shows that the divorce rate has lowered for all age groups, except one. For adults over 50, it has roughly doubled in the past two decades. This has become such a trend that divorce among older couples is known as gray divorce.

Post-divorce co-parenting for California families

When you're in the midst of a divorce, it can be difficult to think of your soon-to-be ex-spouse as anything but a source of negativity. Even with all the other considerations -- asset division, relocation, finances and more -- the conflict can be hard to set aside. There's a reason you're getting a divorce, after all. Of course, the well-being of your children is forefront in your mind, but it's probably hard to remember that your soon-to-be ex is also their parent and that a divorce won't change that.

As you may already be aware, more and more studies are finding that, when it comes to parental divorce, the greatest factor that determines a healthy and stable future for kids isn't -- as experts previously believed -- shielding them from all conflict. It's a strong relationship with both mom and dad. So how can you decide what's right for your children and come up with a custody situation that works for everyone?

Jon and Kate Gosselin face new child custody battle

Many California residents are familiar with the reality television show "Jon & Kate Plus 8." While the show is no longer on the air, the stars continue to make headlines. The show centered on a couple who welcomed sextuplets into their home, along with their older twin daughters. As the show went on, viewers were exposed to increasing tension between the husband and wife, who eventually divorced. Now, the couple may be headed back to court to argue for a change in child custody.

Recent tensions are partially the result of an altercation that took place at one of their children's orthodontist appointments. After the appointment, the parents began arguing over who would transport the child home. Witnesses captured video of Kate Gosselin attempting to pull her teenage daughter out of her father's car. Police were called, and an ambulance also arrived at the scene.

Managing finances during a divorce

When a marriage ends in California, there are often major changes in the lives of those involved. One area that experiences significant changes following a divorce is finances. Experts stress the need for affected parties to seek assistance in a divorce.

Financial advisors recommend that a person seek the advice of several key professionals when addressing decisions during a divorce. It is helpful to work with an attorney and a financial expert throughout the process. An individual should also thoroughly understand his or her financial situation. A profile of personal accounts, debts and assets should be created.

Child custody in shared parenting situations

When a marriage ends in California, or anywhere around the country, there is often concern about how any children involved in the situation will be affected. Of course, parents want their children to continue to be healthy and happy, even if they have gone through a divorce. Traditionally, child custody decisions were made that found the children spending more time with one parent than the other, even in a joint custody situation. However, family experts now recommend truly shared parenting as a means of creating a more stable environment for the children.

Psychologists acknowledge that a shared custody arrangement would not be warranted if there were indicators of abuse or negligence. For many situations, however, it is believed that children would greatly benefit from spending roughly the same amount of time with each parent. In the past, many believed that children would experience stress if there as conflict between the two parents. Researchers contend that any conflict experienced between the ex-spouses should not be the deciding factor in determining custody.

Property division: how to split IRA funds in a divorce

Splitting up assets in a California divorce can be a complicated process. When dealing with major assets, such as a home, decisions need to be made that will be fair and equitable to all parties. For many couples, their largest asset is an IRA plan. Property division issues must be addressed to avoid potential penalties or taxes. Financial advisors recommend understanding all the tax implications before splitting the funds in an IRA.

Experts cite an example where a couple attempted to divide their property themselves, since they were willing to cooperate with each other. They made decisions about child custody and division of property. The husband, who had an IRA, planned to give half of it to his ex-wife to help her out financially. Unfortunately, he made this decision prior to the finalization of the divorce.

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