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Santa Rosa Family Law Blog

Seek a child custody arrangement that is best for the child

California child custody arrangements arenot a one-size-fits all scenario. This may or may not be a surprise, but families come in all shapes and sizes these days. To adjust for the different family situations, child custody arrangements have continued to get more creative and thus more child-focused to ensure that the best interests of the child are met. This is why if seeking a child custody agreement or if looking to modify an existing agreement that there is a way to plan for a best case scenario.

Maybe oneand their child's parent have a very different parenting styles when it comes to child rearing? Or, maybe one's child has special needs that should be addressed within the custody agreement? Whatever the situation, a child custody arrangement can often help to mitigate some of the 'grey area' that can come up when parents are raising a child from separate households. While it can't always plan for the unexpected, it can help to bring clarity and understanding to both parents by outlining their obligations and responsibilities.

Retirement accounts and divorce: what to expect

California marriages can last for years and be right for people until they are not anymore. In those years of a marriage, a couple will go through and experience a lot together. Financially, marriages often see the accumulation of assets, like bank accounts, money market accounts and retirement accounts, like a 401k. In a divorce, many couples' first questions revolve around these financial details, like what to expect in a high asset divorce?

First, state law determines how marital property is viewed. Tennessee is an equitable property state, meaning if necessary, a judge will determine a fair and equitable distribution of marital assets. Spouses can always determine this themselves, through negotiation, but if it gets to a judge, that judge will make the final decision. In theory, a retirement account would be split 50/50 and equitable division of an asset that is usually accumulated during the time of a marriage.

Protecting your children from your post-divorce frustrations

Children often understand more than adults give them credit for. When young, their vocabulary may be limited, but research has established that children can pick up a great deal of information from body language and tone. Simply put, it can be difficult for parents to keep secrets from their kids.

You may know this; indeed you may have experienced it when you and your spouse decided to divorce. Discussions and disagreements you'd wanted to conceal were, instead, somewhat plain to your kids. At the very least, they knew 'something was up.'

HGTV stars work and raise daughter during divorce

Reality TV in California and across the nation have been so popular in recent years that they have launched multiple professional careers. Two HGTV stars are well known, the stars of Flip or Flop, which follows the married couple's experience flipping houses for profit and their life with their children. Fans were shocked to hear of the couple's motion to file for divorce last winter.

The divorce is on-going, but that has not stopped the couple from working together. According to reports, while the high asset couple's divorce is on-going, they are still spending a lot of time together running their business and filming their TV show, all while continuing to raise their daughter. If a divorcing couple can strive towards this model of patience and understanding, it makes this method of divorce look a lot more preferable than disagreements and stress.

Seeking alimony may be best for you in divorce

One aspect of a California divorce that often gives Santa Rosa residents a bit of anxiety is finances. Many worry that they will not be able to make ends meet or uphold their standard of living. If one has been married to their spouse for several years, one spouse often will forgo their own personal and career development in lieu of raising a family or other important jobs. Alimony helps to balance that disparagement.

Financial stress can make a person hesitant to seek divorce. But, alimony could help ease stress since it is a customizable part of a divorce decree. Since alimony can be awarded in the short or long term, and for different amounts, seeking it can be the difference between making ends meet and struggling financially. At Challoner Law, we have helped many clients decide if seeking alimony is right for them.

Legal custody versus physical custody: What's the difference?

As a California parent, you may be concerned about how your decision to end your marriage could impact your children. This is a normal concern, but you are not powerless to do anything about it. In fact, with a full understanding of your parental rights and experienced guidance, you can draft a custody plan that helps your children have stability and security during this difficult time.

In your effort to minimize the impact that your divorce will have on your children, you may be wondering the best way to approach the difficult issue of child support. One of the most beneficial things you can do is to learn more about your parental rights and the types of child custody.

What behaviors define California domestic violence?

Disagreements are a part of life. Not everyone is going to see eye-to-eye. However, when a person lives in fear or is otherwise feeling unsafe, domestic violence may be the reason why. Domestic violence is any physical, mental or emotional behavior that negatively affects family members or those living in the home to the point where they feel fearful, angry or scared.

Domestic violence can have long-reaching consequences for victims who are on the receiving end of domestic violence-related behavior. The U.S. Surgeon General recently released a statement that domestic violence is the number one issue facing our great nation today. One definition of domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner. Many forms of abuse are included in the definition of domestic violence including emotional, physical, sexual, economic or psychological.

What does it mean that CA is a "no fault" divorce state?

Marriages can last years, months or even weeks. Sometimes, what seems like the easiest decision in the world becomes the hardest one to make. People change, things change and sometimes, a marriage does not survive. If one is thinking about divorce, it is a good ideato know that California is a no-fault divorce state.

What this means is that when a married person goes to file for divorce, they do not have to put any blame on either party over the other. Instead, it is more of a general term filled out in the paperwork called irreconcilable differences or sometimes an irreparable breakdown of the marriage. Other states will force a person to put a more specific reason on public record when filing for divorce, oftentimes these point fingers or assign blame to a person in a marriage. Filing for divorce citing irreconcilable differences just means that the marriage did not work, it wasn't any one party over the other that prompted the divorce.

October is domestic violence awareness month

While every California relationship will have disagreements, arguments should never get to another level. That level is a physical or emotional level that can be incredibly damaging and abusive. No one should have to endure physical or emotional abuse by a loved one or family member. If one or their kids were subjected to domestic abuse, October is the month that brings awareness to that issue.

There are many reasons that one may feel the need to endure domestic violence on behalf of their spouse. Sometimes, financially people do not feel ready or prepared to move themselves or their children out of an abusive situation. Other times, there are emotional ties. Whatever the reason, no one should have to put up with that kind of abuse. Anyone suffering under domestic violence should remove themselves and any children from the situation.

Business appreciation may determine asset division outcomes

Going through divorce will cause you to face many concerns. Some of the biggest apprehensions may relate to how property division will turn out and other possible financial impacts. As a business owner, you may feel particular anxiety when it comes to the potential of losing a portion of your company to your ex-spouse as part of the divorce settlement.

Dividing business assets can often present challenges. In particular, valuing a business may not always go as straightforwardly as hoped, as many different factors could have an important role to play. You may want to better understand how active and passive appreciation could impact valuation.