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Fullerton Family Law Blog

Is it a good idea to date while going through a divorce?

Moving on during a divorce is something some people like to do. They may feel it's a good way to get over their ex or to try to start a new life with someone else they're interested in.

Is it a good idea, though, to do that? Could it affect your case if the judge sees that you're already moving on with someone else?

What is reasonable visitation, and how do you get it?

You don't want to divorce your spouse, but you have no choice because of their actions. Now, you have two children who are going through this tumultuous time with you.

Your spouse has been trying to get more custody than you think they should be entitled to. You want to make sure they get reasonable time with your children, but what exactly is reasonable? Can you seek reasonable visitation time yourself or for your spouse?

Toddlers and divorce: Here's what you should expect

Just three short years ago, you brought your child into the world. Today, your child is learning to walk and talk. They're quickly picking up on new activities and learning their ABCs.

You have a talented toddler who is making all the progress you could have wanted, but there is a problem brewing: your divorce. You and your spouse aren't getting along well, and for the sake of your child, you want to divorce. You don't want your child to grow up in a home where they're around conflicts or hearing negative things about their parents.

A forensic accountant can help you find missing assets

Going through a divorce isn't always simple, especially when one spouse tries to manipulate the system to their advantage. If you've found that your spouse is acting in a deceptive way by hiding assets or running up shared credit cards, it's important for you to talk to your attorney about putting a stop to those actions.

In California, the state believes in community property. That means that any marital property you have should be divided 50-50. An angry spouse, or one trying to be malicious, may attempt to hide assets in places where you can't find them. They may quietly spend down assets or hide paperwork about accounts they took out during your marriage.

Should you seek spousal support in every case?

If you have a decent job and have worked throughout your marriage, you may not think that it's necessary to seek spousal support. Not being able to support yourself on your own isn't the only reason that you can seek spousal support, though. There are other reasons that you may want to seek support, such as if your spouse was cheating on you and spending your assets down by providing someone else with gifts or dinners, if you supported your spouse through school expecting to join the financial reward of their new career and many others.

While the main reason to seek support is if you can't afford to support yourself without it, you may want to consider seeking support if one of those other situations applies to you.

What should you do once you're served with a divorce petition?

In any divorce, it can be hard to know what to do first and what can wait. Your entire life is being upended and with so much to do, you might not even know where to start.

One good tip is to sit down and get in touch with your attorney as soon as you can. They can help you understand the order of events with a divorce and the steps you should take sooner. For example, you will need to respond to the divorce petition, which is something they can assist you with.

Getting divorced? Prepare by identifying your assets

As you go through your divorce, one thing you will need to do is determine how you're going to divide your property with your spouse. Your marital property may include anything from the home you purchased together to your shared automobile.

By law, property is defined as anything that can be sold or purchased. It is anything with value. It might be difficult at first to determine which property is shared. One good way to think about property is to determine what assets you brought into the marriage and which were purchased after you married.

As your kids age, it may be time to revisit your custody plan

As your kids get older, one thing that you may want to do is to look into your custody plan again. A modification of your custody plan could be essential if you're starting to find that your current plan isn't taking all of your children's activities or interests into account.

For example, when you first set up the custody schedule, you may have started with three days at your home and four at the other parent's. Your children rotated back and forth, bringing their toys and clothing with them.

Some cities have a higher risk of divorce in California

It's always interesting to know which areas have a high rate of divorce. Why? Knowing the cities where divorces take place can give you a good idea about the stress level and financial situations people are in there.

Divorce rates tend to correlate to money issues as well as high levels of stress. Isolating incidents, too, can result in spouses spending time together and learning that they've grown apart.

If you have issues with custody, you may need legal support

If you and your spouse or ex-spouse are having issues with child custody, it's a good idea to sit down and talk through the problems you're having. If your custody schedule isn't working for you or one of you wants more custody, then you may want to think about how you can be accommodating or what you can do to make the situation better.

With your original custody order, for example, you may have set up a 50-50 custody plan where you each see your child for two weeks at a time. That might have worked when your child was younger, but now that they're in school and busier, it doesn't make sense to have them go between homes during the school week. If you need to modify your schedule, it's possible to do so (and easier to do so if you both agree on a new schedule).

Contact

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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