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Fullerton Family Law Blog

Spousal support is still common: Here's what you should know

Spousal support is a complex topic, and many people try to avoid it because of the potential for it to be contentious. It is no secret that many people believe that spousal support is outdated. It was originally designed for women who would need to be cared for after a divorce due to limited job prospects. That isn't the reality today for most people, but support may still be necessary.

How do you seek spousal support?

Avoid trouble and calm yourself before negotiating during divorce

During your divorce, it's normal to feel alienated, lonely and even depressed. You may have distanced yourself from your estranged spouse's family and your shared friends and started to move on.

There is no question that divorce is difficult, and the emotional toll it takes can impact the agreements you negotiate. It is important to try not to let your emotions dictate your decisions since you could accept arrangements that you might otherwise be unhappy with out of grief, guilt or other feelings.

How to adjust your retirement plan after a divorce

Many couples throughout Fullerton and Orange County will go through a divorce. There is much to consider at this time, such as how you will divide custody between any children you share and who will get the family house. However, you also need to keep one eye toward the future and consider how this divorce will impact your retirement plans

Whether you are in your 20s or 50s, you want to think about retirement. You need to plan for how you will pay for living accommodations and other necessities once you no longer work. This may be easier to plan when you have a spouse, but in the aftermath of a divorce, it becomes murkier. Here are some steps to follow to make sure you protect your retirement accounts for the time being. 

Protect your credit when divorcing

Those going through a divorce should take steps to protect their credit. After all, you will be dependent on a single income after the split.

Good credit is one of your most vital assets post-divorce. You might need to refinance your mortgage in only your name or purchase another property entirely. If your credit takes to hard a ding in your divorce, you might wind up unable to qualify for a loan.

When should you become a legal guardian?

If you are asked to take over the care of a child in your life, then you may be someone who is looking into guardianship. It might be necessary for a minor to live with you instead of a parent, and in that case, you may be able to become a legal guardian.

Legal guardians take over the responsibilities of parents. You'll be asked to provide the basics for the child in your care, including food, shelter and medical care.

Can you withhold custody if child support isn't paid?

Child custody and child support are two completely different aspects of your agreement with the other parent. On one hand, you have a plan that dictates when you see your child and when they see the other parent. On the other hand, you expect payments to be made on schedule in accordance with the court order.

The one thing you cannot and should not do is withhold custody if you don't get a child support payment as you expected. Doing this is unfair to your child, a violation of the other parent's right to see the child and against the law.

Keeping separate property can be difficult in a long marriage

Dividing your property isn't always going to be easy, especially if you've been married for many years. In California, you'll be bound by community property laws if you go to court to divide your property unless you have a pre- or post-nuptial agreement in place that dictates how you'll divide your property.

It is important for people to be clear on the fact that California's marital property laws require a 50-50 split upon divorce. All marital property is divided equally unless you can agree on a different arrangement. For example, if you earn less than your spouse, they might agree to split your assets 70-30 or 60-40.

Tips for changing a parenting plan

Divorce with children is still a significant issue when it comes to the family unit in California. The courts are replete with cases bogged down with child custody and visitation conflicts.

After your divorce is final, what can you expect from a parenting plan? If both parents spent adequate time hashing out the details before signing the final version, you should have a document that works for your family. However, over time, it is necessary to modify a parenting plan. Gather some insight into how and when you should contemplate these changes.

Should you join a dating app during a pending divorce?

It is natural to want to move on to a new romantic interest when you file for divorce. However, divorce can take a long time, especially if you and your spouse have a lot of expensive assets to divide. Additionally, California requires a six-month waiting period before dissolving a marriage entirely. No matter what, you will need to wait a minimum of six months before finalizing the divorce. 

A lot of people are hesitant to find a new partner, even though they want emotional support during this time. You are certainly within your rights to date when you want to after filing for divorce, but you want to keep one important factor in mind. 

What does a guardian do?

A guardian is a person who is appointed to make legal decisions for someone who cannot. A guardian can be appointed to take care of children after their parents have died, or a guardian may be appointed to care for a disabled adult, for example.

If you are setting up an estate plan and have minor children, choosing your children's potential guardian is important. A guardian needs to be selected with the best interests of your child at heart. Courts generally like to see that the guardian is someone who has a relationship or familial ties to the ward. Some good options include:

  • A private individual familiar with the child
  • A person chosen by a close relative
  • A person chosen by the child

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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