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Fullerton Family Law Blog

Relocating? Think about how it might affect your child

After you and your spouse divorce, you intend to move out of the area. Over time, you've realized that you're too far from your siblings and parents. Your family is hours away, and you don't feel like it's fair to you or your child.

Your spouse doesn't like this idea and wants to challenge your relocation. You had both thought you'd share custody, but with a few hours between your preferred cities, it may not be easy to have equal custody of your school-aged child.

Divorcing with a business? Start taking steps to protect it

You've worked long and hard to make your business successful. Something that never happened was your spouse taking a role in that business. To them, this was your job and your work. They often mocked what you did and said it wouldn't be successful. That resentment built up, so much so that you decided to end your marriage once you saw your business was more profitable than you'd hoped for.

Now, you're outraged that your spouse is trying to obtain a portion of your business assets. Yes, California does allow for the equal division of your marital property, but will your business be included in that? Is there any way to protect it?

Sick kid at home? Visitation may, or may not, have to wait

One of the biggest questions with custody is what to do if your child falls ill. While many parents plan for the odd sick day here and there, a child who needs more medical care might cause the custody schedule you come up with to bend until it breaks.

You want to make sure that your child isn't traveling when they're unwell, and you need to know that they're getting appropriate medical care when it's needed.

Quarantining with your spouse? It might lead to divorce

It's probably not something most people think about when there are larger issues at play, but what do you think would happen if you were forced to quarantine with a spouse that you're divorcing? What would happen if you were forced to stay close to someone who you didn't get along with well anymore?

Interestingly, Xi'an, a Chinese city that was locked down, saw a significant rise in divorces after the end of the quarantine in that city. Couples who were stuck together at home for months ended up succumbing to marital strife and deciding to separate.

Don't be afraid to talk about spousal support with your attorney

Spousal support isn't necessarily something you're going to be able to live on, but it can be a great help as you try to get on your feet. If you were supporting your spouse in the past but lost your job or raised a family while they worked, it's only fair to ask that they provide you with support while you get your career on track.

Many times, one spouse will stay home with their children or spend less time working to make sure the home is taken care of. It's not often that both people work full time or that both have the same income.

Filing options in multiple states? Think before divorcing

When you're getting a divorce, there is sometimes the reality that you could file in one of two different states (or more). Usually, the state where you hold residency will be where you file, but you might opt to file in the state where you got married or in the state where your spouse lives.

One thing to keep in mind is that all states approach divorce differently. You should never let filing in the wrong state affect your case negatively.

Frustrated during divorce? Use these tips to balance your stress

There is no question that even the easiest divorce can cause stress. After all, you are ending a relationship that you did think was going to last. You built on that relationship with the hope that you'd stay together.

Now that those dreams are ending, it can feel frustrating, sad or devastating. You may be extremely stressed about finances or heartbroken about the end of a marriage that you wanted to last. Many people feel stress across the board, making the entire divorce feel overwhelming.

How can your reduce or eliminate spousal support payments?

You and your spouse are getting a divorce, and one thing you do not want to have to pay is spousal support. You don't think it's fair to give them any money, especially since they did not work and were not at home supporting your household in any way. You have no children, and you feel like your spouse used you as a free ride.

Your story isn't unique. There are many people who feel that way. However, the judge may believe, especially if your spouse has no income, that you need to provide some form of support to them on a temporary basis.

Determining child support: How can you decide?

When you and your spouse determined that a divorce would be the best course of action, you knew that it could cause financial concerns. One of the biggest things to discuss is who is planning to cover child support.

Both of you have good jobs and the ability to provide for your children, so the support doesn't necessarily matter to you in your day-to-day life. It does seem like a good idea to pay into it to save for your child's future education and to make sure they never go without. So, what can you do to determine who should pay?

What happens to student loan debt when you divorce?

One concern you may have during your divorce is the risk of having to take on your spouse's student loan debt. The good news for some people is that student loans that their spouse took out before marriage will stay in that spouse's name. Unfortunately, if your spouse went to school while you were together, that could be a different situation.

Take, for example, a situation in which a husband cosigns on a loan for his wife. They take out the loan to refinance an older school loan she had, but now that they're getting a divorce, the husband is still on the hook. Why? Co-signing means that you took on the responsibility to cover that debt if the other person doesn't pay (yes, even if you're divorced).

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Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
Fullerton, CA 92835

Phone: 714-515-5008
Fax: 714-515-8338
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