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Preventing the negative impact of divorce on children

Likely, your children have only experienced life with both of their parents living under the same roof. A divorce fundamentally changes everything a child knows about the family unit. They will likely be affected in some way or another regardless of their age.

If you are considering filing for a divorce but you're worried about how the process will affect your children, you must understand the likely outcomes. Yes, your children will be affected by the divorce to some extent, but when you handle the situation successfully, they will be able to move on and remain happy and healthy. The following are some tips for preventing the negative impact of divorce on children.

Let us help you negotiate your child custody arrangements

If you are filing for divorce, one of the most important aspects is likely going to be your child custody and co-parenting agreement. Along with dividing your community property, this facet of a divorce is usually the most stressful for the spouses.

We can help you determine your goals for custody and co-parenting. Will the kids be splitting their time evenly with both parents? Or do work schedules or other considerations require a different custody structure? It's important to try to reach accord on these matters on your own. Otherwise, the fate of your children's living arrangements for the foreseeable future will instead be in the hands of the California family law court judge overseeing your divorce.

How financial advisers can help in a divorce

Couples ending their marriage may not be able to avoid the emotional damage that a divorce can cause. However, divorcing couples in California and throughout the country may be able to avoid some or all of the financial issues that divorce can cause. Ideally, individuals will hire financial advisers to help them create a financial plan that takes into account changes to the tax code or the possibility of getting a raise at work.

A financial adviser will be able to help a person create an inventory of assets and liabilities that can be put into one document. He or she can then help an individual determine how much assets could be worth after taxes and other factors are taken into account. If retirement assets are going to be split in a divorce, they will likely need to be allocated per the terms of a qualified domestic relations order, or QDRO.

Strategies to ease the process of family law and divorce

When moving forward with a divorce in California, there will be inevitable difficulties to navigate. Since family law can be complex, it is important to consider all the factors that will be integral to a divorce filing. There are strategies to make the case somewhat easier.

Individuals should understand what to do for a less stressful divorce process. It might be tempting to try to hide things from the other party. This is a mistake that can cause challenges in the legal proceeding. Being upfront about finances, what led to the divorce and each party's goals can be helpful. Because California is a no-fault divorce state, there does not need to be an explanation as to why the marriage is ending, which makes it easier to be honest.

Cooperation is better than animosity in divorce

The stress and emotion involved in divorce can bring out the worst in people. It can be among the most stressful life events to go through a divorce in California, but those who allow themselves to turn ugly might suffer for it. Speaking or acting maliciously to a soon to be ex can hurt the family dynamic if there are children involved and it can harm the person's reputation as well. Meanwhile, there are advantages to remaining amicable during divorce.

Amicability makes the process overall less stressful and more likely to settle without the expense of a trial. It also increases the likelihood of a functional co-parenting arrangement once the parties are officially divorced. Generally speaking, giving respect and courtesy makes receiving respect and courtesy more likely. Additionally, working with the other side often results in more assets to divide and a fairer division of assets. Denigrating a spouse can give him or her a basis to argue for better property division terms due to reputational harm or other consequences.

The types of potential child custody arrangements

If you are currently going through a divorce or separation and there are children involved, you may be worried about your custody rights. It's important that you take early action to ensure that you will be able to have a good relationship with your child after the separation. If you do not, you may be in a compromised position when it comes to gaining custody.

There are many types of custody that you need to take into consideration. You should also gain a good understanding of how the courts assess child custody cases so that you can anticipate what decision they will likely unfold.

Determining whether to settle a divorce

When people in California decide to divorce, some people may easily reach an agreement on how to distribute their property and resolve any remaining issues. When couples are less amicable, however, the tension may grow rapidly and some spouses may resist attempts to settle the case. However, many people may find that, even in a high-conflict divorce, reaching a settlement agreement may help them to save time and money while moving on with their lives.

People in the middle of divorce negotiations may despair of reaching a fair settlement with their spouse, but it is often possible to do so. Many people want to bring their marriage to an end, and waiting for a trial can prolong the timeline further. It can take up to a year for a divorce trial, while most people can reach a settlement in a shorter amount of time. Because of the length of a trial and the significant preparations involved, many people will find that they spend far more on legal fees when going to trial. The overall property division settlement winds up being decreased due to the expenses incurred in fighting it out in family court.

Gray divorces are becoming more common, study says

A study in the United States shows that couples over the age of 50 are getting divorced at a higher rate than in previous decades. Across the country, including in California, the rate of 'gray divorces" has doubled from 1990 to 2010, even though the overall divorce rate has decreased among all couples.

According to therapists, one of the main reasons they see marriages dissolve at a later stage in life is emotional detachment among the spouses. Couples can easily grow apart over time, and this distance can be particularly challenging to live with once individuals retire and have more time to spend with each other. Couples may also realize that, now that humans have a longer life expectancy, they will have to spend more years in retirement with their spouses, a prospect that is off-putting to those in subpar relationships. Additionally, couples may become more aware of an emotional divide once their children grow up and leave the home, giving them more time to spend with each other.

Women more likely to file for divorce than men

Women in California and around the country are more likely to file for divorce than their husbands. According to a 2015 study by the American Sociological Association, more than two-thirds of divorces are initiated by women.

There are several reasons for this disparity, but overall, they all come down to the fact that in many cases, marriage has less to offer women than it does men. For example, even when both spouses work, almost half of women do housework daily compared to 20% of men. Furthermore, men often report feeling threatened by their wife's success in the workplace when their wives start making more money than they do.

Parental alienation claims and their impact on custody cases

When parents in California are going through a child custody process, there are many possible outcomes. While some cases are amicable and the parents can easily agree to shared parenting plans and custody, other cases might be more complex. One type of case that can have serious consequences for the family is one where one parent claims parental alienation against the other parent, especially when the other parent has claimed that there is abuse involved.

While the concept of parental alienation has been discredited as having no scientific basis, the findings of a study by a professor at George Washington Law School, funded by the Department of Justice, show the types of issue that arise when claims of parental alienation are made. The study looked at the published court opinions of 4,388 custody cases from 2005 to 2014. It found that when mothers had custody of the children and fathers claimed parental alienation, whether there were abuse claims or not, mothers lost custody 44% of the time. In reverse situations, fathers lost custody 28% of the time. Basically, in such cases where mothers claimed abuse and fathers claimed parental alienation, mothers were twice as likely as fathers in similar situations to lose custody.

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  • State Bar Of California | California Board Of Legal Specialization
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