Blogs

People always ask me: “What’s the main reason people get divorced?”

There is no easy answer here because people get divorced for MANY different reasons. For as many clients I have, that's how many various reasons there are. The commonality is not why people get divorced but rather what they fight about after deciding to divorce.

In that, it seems, the commonalities are nearly universal.

The end of a marriage can be particularly hard on the children in the family. Of course, any child involved will be emotionally invested in the outcome of the custody and visitation terms. Many parents wonder—how much say should their child get in the custody outcome? And is the court required to listen to the child's wishes?

California is a community property state, which means any asset or debt acquired during the course of the marriage belongs equally to both spouses.

If you can come to a simple agreement about who owns what, that will considerably shorten the legal process. But what belongs to you and what belongs to your ex? The answer is not always simple. To answer the question, every divorcing couple first needs to disclose pretty much everything about their financial situation.

What if there are terms of your custody order that you disagree with, or you think the court has made a mistake? Is there a remedy?

The answer is yes and no. To modify a custody order issued by the court, a parent usually needs to prove (with evidence) that there's been some substantive or material change in circumstances that justifies the request. If your request is not substantially justified, the court will keep things the way they are. 

The following are some of the most common reasons why people ask for a change. 

Can you avoid child support payments in California? The answer is yes—but with certain caveats.

Many are unaware of essential distinctions around what the word "custody" actually means when beginning the divorce process. Most of the time, "custody" isn't a "winner takes it all" proposition. Different kinds of custody have entirely separate meanings and need to be considered carefully. 

Tax issues in a divorce are complicated. Make the wrong move during the negotiation process, and you could end up paying far more in the next tax season than you expected. To save yourself a massive headache, make sure you are prepared. 

In the wake of the COVID-19 pandemic, domestic violence has increased dramatically. With many still on lockdown or with limited means, many people are stuck at home with their abusers. Worse, local laws and health guidelines leave many people with nowhere to go.

However, instigators of violence in the home should beware: any record of domestic violence is regarded as serious by the courts, and can negatively impact your ability to maintain custody of your children.