California Divorce and Family Law

California Divorce - Children and Divorce

The combination of children and divorce is an issue that’s vitally important, but one that sometimes gets overlooked. When we’re going through a divorce, of course we think of the children involved because of child custody and visitation issues. But it can be hard to focus solely on their needs when we’re going through such a difficult personal time ourselves. Divorce is one of the most stressful things a person can go through. But children and divorce can make it even more stressful. It’s sometimes hard to remember that it affects the children at least as much, if not more, than it affects the adults.
But statistics show that children and divorce can be a volatile combination not just for the separating parents but for the children’s well-being. Children whose parents are divorcing or have been divorced are more likely, the numbers show, to have problems in school than children who don’t have to deal with divorce.
It even affects younger children, though it’s common to hear people say that smaller children don’t really know what’s going on and that they might not pick up on things older children will. While it’s true that their perception is different than that of older children, younger children can experience behavior problems from divorce ranging from the mild to the severe.
Some studies have shown that students with divorced parents were more likely to do more dangerous things like participate in violent activities and even experiment with drugs than other children. When it comes to children and divorce, these things need to be taken very seriously. But you should also not allow yourself to stay in a situation that’s bad because of this fear. If divorcing parents are mature and handle things like adults throughout the divorce, children can come out of the situation all right.
Not all children exposed to divorce end up expelled or doing drugs. Much has to do with the tone of the divorce, the contact with the parents (in particular, the father) after the divorce, and the attitude the parents have regarding the whole situation.
It’s important to behave like a mature adult during a divorce, and to be sure not to pull the children into the process. They should not be made to take sides. And while most people will avoid putting this pressure on the children, sometime it’s done inadvertently. Children can feel intense pressure to take sides whether or not the adults intend it.
Also, the stress of a divorce can take a toll on school work so it’s important to cooperate with your children’s teachers and even the school psychologist or guidance counselors during this time. There’s nothing wrong with letting them know the situation and asking them to be on the lookout for changes in your child’s behavior.
They’re in the best position to notice a number of changes, and they might without you even filling them in. But if they’re kept updated about the situation and you discuss your concerns with them, the issues that affect your child, and divorce stresses can be better managed.
Learn More About California Child Custody in the California Divorce Guide.

VIDEO: California Child Custody Attorneys


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California Divorce Asset Protection

There are two principal ways to protect division of marital assets in divorce premarital asset protection and postmarital asset protection.
Premarital Asset Protection
Premarital asset protection involves a prenuptial agreement – also known as a premarital or ante nuptial agreement. A prenuptial agreement is a contract written by a couple before marriage that details the division of assets if there is a divorce. Typically, prenuptial agreements don’t cover child custody, child support or child visitation.
Most states will enforce a prenuptial agreement if it follows the various requirements in California regarding prenuptial marriage agreements. The divorce courts in states accepting prenuptial agreements will uphold the contract if the agreement is fair and includes all relevant information about assets. If the court believes that one party was forces to enter into the agreement under duress or coercion, the prenup will be thrown out.
Prenuptial agreements may be challenged for a number of reasons, including concealment of assets, fraud and coercion. In some cases, the divorce court may presume that one spouse intentionally concealed assets if the prenuptial agreement is grossly disproportionate.
If only one party is represented, the party challenging the prenuptial agreement may argue that he or she did not understand the terms of the agreement or entered into the agreement under duress. Each spouse may want to speak with separate divorce lawyers for advice on making a prenuptial agreement. One divorce attorney can’t ethically represent both parties.
Postmarital Asset Protection
Even if you do not have a prenuptial agreement, there are some ways to protect your marital assets during the divorce process. A Post-Nuptial Agreement allows couples to make a contract after the marriage. Most states now accept postnuptial agreements, but there aren’t many divorce governing how the divorce court determine the validity of agreements.
Postnuptial agreements are typically written when a couple has experienced a major change in financial circumstances. The agreement typically includes all marital debts and assets, income and expected monetary gain in the future. A local divorce lawyer can further advise you on what to include in a postnuptial agreement and whether the court will accept the contract.
Protect your Assets with a Divorce Lawyer
If you’re thinking about filing for divorce in California, or in the middle of the divorce process, speak to a local divorce lawyer about asset protection. With help from a divorce attorney in your area, you can learn how to make an asset protection plan that will be legal and effective during divorce. Get started protecting your financial future today by calling Aaron Dishon at 949-231-1305 or filling out a Divorce Case Review Request.

VIDEO: Aaron Dishon


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California Divorce - Dennis Rodman Allegedly $500K Behind on Child Support

Dennis Rodman’s estranged wife Michelle Rodman has filed documents in an Orange County, California family court, seeking to enforce the court’s child support order against the former basketball star and current professional partier (seriously, he makes a living by appearing at nightclubs – he doesn’t perform, just shows up and parties and gets paid). Michelle Rodman claims she got evicted for the second time in two years because Dennis is over $500,000 behind in child support for their two children.
Dennis is supposed to be paying $50,000 a month in support. The child support order was modified to that amount in March of this year, but it was retroactive back to September 2009. He claims he cannot afford it and has filed a motion to modify the child support order to get the support amount lowered.
Dennis’ manager, Darren Prince says that Michelle thinks he makes $4 million a month but that he doesn’t.
In my experience, judges don’t set permanent support orders based solely upon one party’s unsupported allegation as to the other’s income. So, I’m not sure where Dennis’ reps are coming from on this.
The calculation of child support generally requires the submission of income tax records and paystubs (and sometimes bank records) as well as documentation of health insurance expense, child care expense and other expenses related to child support (like school tuition for kids in private school, regular medical bills for chronically ill children and even extra-curricular activity expenses). The court may also consider the regular living expenses of each parent, depending on the specific circumstances and the jurisdiction. Finally, the number of children and the age of those children will be considered before a child support figure is determined.
More: How is Child Support Calculated?


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Tiger Woods Divorce Becomes Official

Posted: 24 Aug 2010 06:52 AM PDT

Divorced. Single dad. Golf game still to be determined.
And so, after nine months of turmoil over his extramarital affairs, now begins the next chapter in the life and times of Tiger Woods.
In a hearing that lasted no more than 10 minutes in a Florida judge’s chambers, Woods and his Swedish-born wife officially divorced Monday.
“We are sad that our marriage is over and we wish each other the very best for the future,” Woods and Elin Nordegren said in a joint statement released by their lawyers.
The divorce was granted shortly after 2 p.m. in Bay County Circuit Court in Panama City, Fla., about 375 miles from their Isleworth home outside Orlando, where Woods drove his SUV over a fire hydrant and into a tree on Thanksgiving night. That set off shocking revelations that sports’ biggest star had been cheating on his wife through multiple affairs.
Woods’ life and golf game have been in disarray ever since.
He and Nordegren were married Oct. 5, 2004, in Barbados and have a 3-year-old daughter, Sam, and an 18-month-old son, Charlie.
Terms of the divorce – such as how much it will cost Woods – were not disclosed. They said only that they will “share parenting” of their two children.



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California Divorce - Joe and Katherine Jackson to Divorce

It looks like Michael Jackson’s parents Joe and Katherine are heading for divorce court after 60 years of marriage. The Jackson’s have been estranged for over five years ago, and Joe currently resides in an apartment in Las Vegas, Nevada.

Katherine Jackson, 80, has filed for the divorce. Rumors are circulating that Katherine blames Joe for Michael’s demise, and there have long been reports of abuse against all the Jackson children by Joe. “She’s been humiliated by him for too long. She’s absolutely livid. There’s no going back,” a source close to the Jackson family said. Katherine Jackson has filed for divorce twice during her long marriage. Both times she decided against finalizing the divorce primarily for religious reasons – as a Jehovah’s Witness she doesn’t believe in divorce.
It will be interesting to see how the asset settlement (or battle) might play out in California Family Court. Michael Jackson passed away deeply in debt, but since passing his estate has generated over 1 billion dollars. Estimates of future worth of the King of Pops’ estate range as high as 5 billion. Michael’s Will placed everything into a Trust. We’re told the trust provides for Michael’s children and mother, and distributes money to several charities. It has been reported that Michael specifically excluded Joe from benefiting from his estate. With that amount of money on the table there is bound to be a dispute during the divorce process.


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California Divorce - Study Finds Divorce is Contagious

It’s not exactly the black plague, but the concept is pretty intuitive. The report, “Breaking Up Is Hard to Do, Unless Everyone Else Is Doing It Too,” comes from researchers at Harvard, Brown and the University of California at San Diego.
“These social networks, they have influence on everything,” said James Fowler, one of the study’s authors. “Our health, who we marry, our economy, our political behavior. Most of the research shows we tend to do what our friends do.”
The report, which tracked thousands of people from Framingham, Mass., for 32 years, offers a few revelations:
• Divorce can spread between friends, siblings, co-workers. It can even go two deep — your friends’ friends can affect your marriage.
• You’re 75 percent more likely to get divorced if a close friend is divorced.
• Having children helps. Every child makes you less susceptible to being influenced by divorced friends. It takes five children to completely negate the virus effect.
• Popular people are less likely to get divorced. Divorcees have deeper social networks and remarry other divorcees.
Half of all U.S. marriages will end in divorce during the first 15 years, according to the Census Bureau, and the examples are all around. Al and Tipper Gore separated in June after 40 years of marriage. The next week, daughter Karenna Gore Schiff announced her separation from her husband, which had happened quietly months earlier. And if you want super-shaky anecdotal data, just watch any of the Real Housewives.
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