Roseville Legal Blog

When couples in California or elsewhere around the country decide to end their marriages, the issue of property division can often become contentious. As emotions likely run high during the divorce process, the parties involved are concerned about protecting their individual interests. However, if a couple has developed a prenuptial agreement or other marital agreement, the decisions about "who gets what" are more straightforward. Experts are reporting that these types of agreements seem to be more commonplace with a particular generation.

In the past, prenups often had a negative connotation. Many couples viewed having one as a sign that there was a strong possibility a marriage would not last. Today, however, the millennial generation in particular looks at these types of agreements more positively.

If you were to closely observe your extended family members, friends and co-workers in California or beyond, you'd likely notice that some people are, by nature, more argumentative than others. Where do you fall regarding this classification? Are you someone who is prone to debate even the most minor issue or do you try to avoid confrontation at all cost?

Perhaps your personality is somewhere in between. The way you typically handle stress or prefer to discuss important topics may influence your decision as to whether to litigate or mediate your divorce. Mediation is definitely not for everyone and may not be your best option if you can barely be in the same room with your spouse without wanting to scream. However, if you're looking to save time and money and decide the terms of your own divorce, then you may want to give mediation a try.

Many couples in California and all around the nation are separating, yet still remaining married to one another. When celebrity chef Anthony Bourdain recently passed away, this scenario was found to be true for him. He had never gotten a divorce, though he had been separated for quite some time. While couples may have a variety of reasons for doing this, it is worth noting that the practice may have significant implications regarding property division.

The couples who are separated may behave as though they are divorced. However, they are still married according to the law. Therefore, laws pertaining to taxes, estate planning, retirement accounts and other spousal rights would come into play. Financial experts acknowledge that the scenario could affect couples both positively and negatively.

If you've ever discussed divorce with family members or friends who have gone through it, you may have heard stories of various challenges they faced, perhaps regarding property division or parenting issues. The latter may be on your mind a lot lately as well if you're currently preparing for child custody proceedings in a California court. Like most good parents, your children are your highest priority; that's why you want to make sure you protect their best interests when the court makes decisions about their care.

There are several things to think about when navigating custody proceedings. Beyond the typical issues, such as where your children will live, whether your ex will pay support, and who will get the kids for holidays and special events, there are also ideas to consider that may help you avoid major obstacles and keep stress levels to a minimum. If problems do arise, it's critical that you know where to seek support.