Such conflicts not only prolong the process but also affect the mental well-being of the individuals involved and, if present, their children. However, with the right strategies and a proactive approach, it is possible to navigate these troubled waters more smoothly. Below, we explore solutions and strategies to efficiently handle high-conflict divorces, aiming to minimize disputes and foster a pathway toward resolution.
A high-conflict divorce is characterized by intense emotional turmoil, ongoing disputes, and a prolonged legal battle that can be emotionally and financially draining for both parties involved. Unlike amicable separations, high-conflict divorces involve significant antagonism, with one or both parties engaging in behaviors that escalate tension and conflict. These behaviors can include persistent disagreement on divorce-related issues such as child custody, asset division, alimony, or child support, as well as personal attacks, manipulation, and sometimes even verbal or physical abuse.
These divorces often feature a pattern of communication that is aggressive, defensive, and unproductive, making it difficult to reach mutual agreements or move forward in the separation process. The conflict can be exacerbated by deep-seated resentment, a desire to “win” at the other’s expense, or an inability to separate personal emotions from the legal and practical aspects of the divorce. Recognizing these patterns early can be crucial in developing a strategy to handle the divorce process more efficiently.
Effective communication is key in any divorce, especially in high-conflict situations. Strategies include:
Professionals can offer invaluable support and guidance. You may consider working with skilled professionals such as:
In high-conflict divorces, children can become unintended victims. Prioritizing their well-being can provide a common ground for cooperation. Make decisions based on what is best for the children, not out of spite or revenge.
The first step to protecting your children is to avoid unnecessary arguments in front of them. Conflict between parents can cause substantial stress and even long-term emotional and psychological effects. Refrain from speaking negatively about the other parent in their presence.
Next, create a detailed parenting plan regarding custody, visitation, and parenting responsibilities to prevent misunderstandings. This helps you avoid putting your children in the middle of a conflict unnecessarily. It also gives you more security regarding your daily schedule, which can be invaluable in the chaos of a divorce.
The stress of a high-conflict divorce can take a toll on your physical and mental health. Don’t hesitate to seek support from people in your life. Lean on friends, family, or support groups who understand what you’re going through. Staying physically healthy can also impact your mental health, so prioritize maintaining a routine that includes exercise, proper nutrition, and enough sleep.
Above and beyond these issues, you can proactively protect your emotional space by setting clear boundaries with your ex-spouse. Set rules for when you’ll communicate, how you’ll discuss difficult topics, and what you will and will not discuss. This can help you adapt to your new life faster while making sure your ex-spouse cannot continue to cause you unnecessary pain.
It’s easy to get caught up in the minutiae of battles and lose sight of the bigger picture when you’re in the middle of a conflict-heavy divorce. Keeping your focus on the end result can help you avoid engaging in unnecessary arguments.
For example, it’s important to choose your battles. Not every disagreement is worth the fight. It’s probably not worthwhile to spend the time and effort to fight for the set of plates you never cared about before.
Instead, be willing to compromise. Finding a middle ground can often lead to a quicker and less painful resolution. Remember that the divorce process is temporary, but the decisions made will have long-lasting effects. Focus your attention on the decisions that will matter a year from now rather than things that can be easily replaced.
In some cases, particularly those where your spouse is unwilling to negotiate or behave professionally, legal intervention is necessary to resolve a high-conflict split. Your strategies for handling these situations may include:
High-conflict divorces are challenging but not insurmountable. By adopting effective communication strategies, seeking professional support, focusing on the well-being of any children involved, practicing self-care, staying goal-oriented, and using legal tools wisely, you can navigate this difficult time more smoothly. If you need assistance, consider reaching out to the Law Offices of Diane J.N. Morin Inc. We specialize in providing experienced and comprehensive family law counsel to families and couples around California. Remember, the goal is not to “win” against the other party but to find a resolution that allows all involved to move forward positively. We can help you achieve that goal.
]]>One of the key mechanisms for giving kids a voice is through the appointment of a Guardian ad Litem (GAL). This article explores the role of Guardians ad Litem in California child custody cases, how they assist children, and the process for pursuing a GAL for your kids in the context of divorce.
A Guardian ad Litem is a court-appointed advocate whose primary role is to represent the best interests of the child in legal proceedings, particularly in cases involving divorce, custody disputes, or where welfare concerns are present. The primary role of a GAL is to act as an advocate for the minor, ensuring that their voice and best interests are considered in the court’s decisions. Unlike an attorney who represents the minor’s legal interests, a GAL focuses on what is best for the child’s well-being, health, and happiness.
The responsibilities of a GAL in California include:
Guardians ad Litem can be attorneys, social workers, or trained volunteers who have a background in working with children or the legal system. Their goal is to protect the child’s rights and welfare during legal proceedings, acting as an independent voice for the minor separate from the interests of the parents or other parties involved in the case.
Guardians ad Litem (GALs) play a crucial role in legal proceedings by ensuring that the best interests of children are represented and prioritized. Their assistance to children is invaluable, particularly in cases of custody disputes, divorce, or situations where the child’s welfare is a concern. Here’s how Guardians ad Litem help children:
By providing a focused assessment of the child’s best interests, advocating for their needs, and ensuring that their voice is heard in legal proceedings, GALs mitigate the potential stress and trauma that legal conflicts can impose on children.
In California, either parent, the child’s attorney, or the court itself can request the appointment of a Guardian ad Litem. The process typically involves:
Guardians ad Litem serve as vital advocates for children’s best interests in California child custody cases. Their role ensures that amidst the legal complexities and emotional turbulence of custody disputes, the focus remains on the well-being and needs of the most important parties involved—the children.
If you’re interested in seeking a GAL for your child or otherwise want assistance supporting them through family law disputes, we encourage you to consult the Law Offices of Diane J.N. Morin Inc. Our skilled attorneys can help you determine the best way to support your children during your divorce or custody dispute. Learn more by getting in touch with our Palo Alto family law firm today.
]]>California is a community property state, which means that any assets acquired during the marriage are considered jointly owned by both spouses. This includes real estate, vehicles, and even debts. In the event of a divorce, the law requires that community property be divided equally between the spouses unless there’s a valid prenuptial agreement that dictates otherwise.
Anything that is not jointly owned under the definition above is considered separate. Typically, separate property consists of assets that were owned by one spouse before the marriage or were acquired by one spouse during the marriage as a gift, bequest, devise, or descent. Inheritance and gifts specifically given to one spouse are also considered separate property. These assets are not subject to division upon divorce and remains the sole possession of the owner spouse.
Immigration status can significantly impact the divorce process, particularly in cases involving property division. It’s a common misconception that an immigrant spouse has fewer rights to assets acquired during the marriage. Regardless of immigration status, the principles of community property still apply, meaning both spouses have equal rights to assets accrued during the marriage.
However, immigration status can affect the practical aspects of divorces. For example, if an immigrant spouse is dependent on their partner for legal residency in the U.S., divorcing could affect their ability to remain in the country. This situation might impact negotiations, especially if the immigrant spouse has concerns about maintaining legal status and access to shared assets.
International divorce adds layers of complexity to the already challenging process of divorce, especially when it comes to asset ownership across different jurisdictions. Protecting your interests in such situations requires careful planning, legal representation, and a deep understanding of the laws in the countries involved. Here are some strategies for individuals going through an international divorce to protect their interests regarding property ownership:
Different countries have different laws regarding divorce and property division, including community property laws, equitable distribution, and other local regulations. It’s crucial to understand how each relevant jurisdiction handles asset division in divorces.
Start by researching the relevant laws in both jurisdictions. Pay attention to how assets are classified and the principles guiding asset division.
A critical element of this research is consulting with legal professionals who have expertise in international family law and are familiar with the legal systems of both countries involved. You may need lawyers in both jurisdictions to navigate the complexities effectively.
Comprehensive documentation is vital in international divorce proceedings, especially for asset divisions. Create a detailed inventory of all marital and separate assets, including those held overseas. This list should include real estate, bank accounts, investments, and valuable personal possessions.
In addition, gather all relevant financial documents, such as deeds, registration papers, bank statements, and investment records. This evidence is crucial for establishing ownership and the value of assets.
The choice of where to file for divorce can significantly impact the outcome, especially regarding property division. In some cases, it might be advantageous to file for divorce in the jurisdiction that offers more favorable laws regarding property division. This requires careful analysis and strategic planning with your legal team.
Be aware of any bilateral agreements between the countries involved that might affect divorces and asset division, such as treaties on the recognition of divorce judgments and asset division.
Dealing with property in different jurisdictions can be particularly challenging. Engage local legal representatives in the country where the item or account is located to ensure your interests are protected under local law.
Your attorneys can help you ensure that divorce settlements or court orders are enforceable in the jurisdiction where the item is located. This may involve obtaining a local court order or having the foreign divorce decree recognized under local law.
Understand the financial and tax implications of dividing international assets. It’s generally in your best interest to consult with tax professionals experienced in international tax law to understand and plan for the tax implications of transferring or dividing international assets. Similarly, you should ensure proper valuation of international assets, considering currency fluctuations, local market conditions, and tax implications by working with professionals.
Given the complexities and costs associated with international divorces, especially when dealing with property division, mediation and negotiation can be effective strategies. Consider mediation to reach an amicable settlement that respects the laws and norms of both jurisdictions involved. An experienced mediator familiar with international divorce issues can facilitate negotiations.
If available, refer to any prenuptial or postnuptial agreements that address international ownership issues. These agreements can provide clear guidance on how assets should be divided in the event of a divorce.
Divorce involving immigration issues and property ownership requires careful navigation of both family law and immigration regulations. Understanding your rights and obligations in the context of California’s community property laws is crucial. By seeking skilled legal representation and preparing adequately, you can protect your interests and work toward a fair resolution. At the Law Offices of Diane J.N. Morin Inc., we understand the intricate legal requirements involved in protecting your assets during an international divorce. We have years of experience helping our clients resolve international divorces fairly and efficiently. We encourage you to schedule your consultation with our skilled multinational divorce attorneys today to learn more about how we can assist you.
]]>Community property refers to the legal notion that both spouses jointly own most assets and debts acquired during the marriage. This concept is based on the idea that marriage is a partnership where both parties contribute (financially or otherwise) and, therefore, should equally share the assets accumulated during the marriage.
Community assets include, but are not limited to, things like:
In other words, in California, both spouses have equal ownership of all of those assets. All property acquired during the marriage is presumed to be shared equally between the spouses. More importantly, if a couple decides to file for divorce or legal separation, the value of the community must be divided equally.
In contrast, separate property includes assets and debts a spouse owned before the marriage, as well as inheritances or gifts received by one spouse alone during the marriage. Separate property remains the sole possession of the individual spouse after marriage.
Meanwhile, some assets may be “commingled” or have both community and separate property characteristics. For example, a business one spouse started before the marriage but continued to grow during the marriage. These situations can be complex and often require legal analysis to determine the division.
When a couple divorces in California, the community property must be divided equally. This division is not necessarily about splitting each item down the middle, but rather about ensuring that each spouse receives an equal share of the total value. For instance, one spouse might keep the family home while the other accepts investments and cash that are equivalent in value.
Dividing this property can be complicated. The first step is to identify which assets and debts are considered jointly owned. This generally includes all income earned and items purchased during the marriage, as well as debts incurred.
Once identified, these assets and debts must be valued. Sometimes, this is straightforward, like looking at the number in a joint bank account. In other cases, though, it may require appraisals or expert opinions for others, such as for real estate or business interests.
The actual division can be done in various ways. Spouses may agree to sell certain assets and split the proceeds, or one spouse might “buy out” the other’s share. In some cases, one spouse may retain a particular asset (like the family home) while the other receives assets of equivalent value.
Many couples reach a settlement agreement through negotiation or mediation, which can be more amicable and less costly than litigation. However, if spouses cannot agree, the court will make the final decision on how to divide the property.
In a perfect world, every couple would be able to evaluate their joint property and negotiate a fair divorce settlement without complications. Unfortunately, that’s rarely the actual outcome. There are a variety of challenges that can make dividing marital property more complicated, such as:
These issues are particularly common in high-net-worth divorces, as these couples often have more diverse and complex assets. However, there are solutions to address these problems before they arise.
Prenuptial agreements can alter the default rules of community property. These agreements, made before marriage, can specify what the couple considers jointly ownedand what remains separate. They can be instrumental in simplifying asset division if a divorce occurs.
For example, the agreement can include provisions for how property, both community and separate, will be divided in the event of a divorce. This can be particularly important for protecting pre-marriage assets, family inheritances, or business interests. Similarly, prenups can be used to protect one spouse from being responsible for debts incurred by the other, particularly debts that arose before the marriage.
However, there are some restrictions on the use of prenuptial agreements. To be considered valid and enforceable during a separation or divorce, the contract needs to meet the following criteria:
If these criteria are met, the prenup will likely be enforced by the court and substantially simplify the property division process.
Navigating California’s community property laws during a divorce can be daunting. If you have concerns about community property in your California marriage, divorce, or legal separation, the experienced attorneys at the Law Offices of Diane J.N. Morin Inc. can help. Schedule a consultation to learn more about how we can assist you with even the most complex prenuptial agreement and asset division issues.
]]>A temporary order is a legal decision made by a court during the divorce process, intended to address important issues while the divorce is being finalized. These decisions are “temporary” because they only last until the divorce decree is issued or until the court modifies them.
A short-term order can significantly impact a couple’s rights and responsibilities. For example, temporary child custody orders can set a precedent for the final custody arrangement, and failure to comply with them can negatively impact one’s case. Similarly, short-term support orders ensure that spouses and children maintain a certain standard of living during the divorce proceedings.
In a California divorce, several types of temporary order can be issued by the court to manage various aspects of the couple’s lives while the divorce is being finalized. These orders are crucial as they set parameters for both parties’ conduct and responsibilities during the divorce process. Here’s a breakdown of the common types of short-term orders in California:
Each of these temporary orders is designed to address immediate needs and concerns while the final details of the divorce are being worked out. They are subject to modification and will generally be replaced by permanent orders once the divorce is finalized.
Some temporary orders occur automatically when you file for divorce. For example, every California divorce petition includes an ATRO that bars either spouse from taking adverse financial action against the other person.
However, others are not automatic. If you want a stop-gap child custody or spousal support order, you’ll need to petition the court to have one put in place while your divorce is pending. Here’s a general guide on how to request temporary orders:
Remember, the specifics of this process can vary slightly depending on the local court rules and the nature of the order you are requesting. It is often beneficial to consult with a family law attorney who can guide you through the process and ensure that your rights and interests are adequately represented.
Temporary orders in a California divorce are critical tools that help manage the legal and personal aspects of a couple’s life during the transition. Understanding these orders and their implications is essential for anyone getting divorced in California. Remember, while these orders are temporary, they can have long-lasting effects on the outcome of your divorce.Given the substantial impact of a temporary order, it’s crucial to have effective legal representation. An experienced family law attorney like Diane J.N. Morin can help you understand your rights, advocate on your behalf, and ensure that any temporary order is fair and appropriate. Schedule your consultation today to learn how she can help you.
]]>The date on the calendar may not have as much of an impact in California as you’d expect, though. The state’s mandatory divorce waiting period could throw things off, especially if you’re expecting tax benefits. Let’s explore California’s waiting period for divorce and discuss the pros and cons of filing in December versus January.
California law mandates a six-month waiting period for divorce. This period starts from the date the person filing for divorce (the petitioner) serves the papers to the other spouse (the respondent), not the date of filing. This means the marital dissolution cannot be finalized until at least six months have passed, even if you and your spouse agree on all terms of the settlement and are ready to finish it, your split cannot be completed until six months have passed since the date the petition was served.
The waiting period is intended to give couples a “cooling-off” period, which might allow them to reconsider the decision to split up. It also provides time to resolve any issues or disputes regarding the division of property, child custody, support, and other matters with the help of a California divorce attorney.
It’s important to note that this waiting period doesn’t mean you have to live together or remain in a conjugal relationship during this time. Couples can live separately and start the process of moving on with their lives.
California’s waiting period also means that, to a certain extent, the decision about whether to file for divorce in January or December is moot. In other states that don’t have waiting periods, divorces can be finalized in just weeks. In that case, filing in December could still result in your marriage ending in that calendar year rather than the next. That could have substantial impacts on your taxes since you would need to file as single or head of household for that entire year rather than married.
In California, that’s not the case. The earliest a December 2024 petition can be finalized is June 2025, while a January 2025 petition can be completed in July 2025. Either way, you would file taxes for 2024 as a married couple.
While the waiting period takes tax impacts out of the discussion, there are still reasons that may make a December or January filing better suited for your split. Let’s break those down.
When taxes are taken out of consideration, many of the reasons for specific divorce filing timing decisions come down to personal preference. Some of the most common reasons people choose to file for divorces in December include:
If the issues above aren’t compelling, then maybe a January divorce filing is for you. Five reasons you may prefer a New Year divorce filing include:
Deciding whether to file for divorce in December or wait until January is a personal decision that depends on individual circumstances, including financial, emotional, and family considerations. It’s essential to consult with a knowledgeable California divorce attorney who can provide guidance tailored to your unique situation.
Whether you decide to file now or later, understanding the legal implications and preparing adequately can make a significant difference in navigating the complexities of ending your marriage. Remember, the six-month waiting period in California is just one aspect of the process. A comprehensive approach, considering all factors, is vital for a smoother transition into your new life phase. We can help at the Law Offices of Diane J.N. Morin Inc. Reach out to learn how we can assist you with divorce strategy and timing in California.
]]>While social media can be a great way to connect with others, it can also have unintended consequences, especially when it comes to legal matters like divorce proceedings. Let’s explore how social media can affect divorce proceedings, when it may have a smaller impact due to California’s no-fault divorce laws, and provide tips on how to protect yourself during this challenging time.
California operates under a no-fault divorce system, which means that neither party needs to prove wrongdoing or misconduct to obtain a divorce. In a no-fault divorce, the court does not consider the reasons for the split when making decisions about property division, spousal support, or child custody.
This differs from states that operate under a fault-based system, where public digital evidence of wrongdoing might carry more weight. For example, it does not matter to California courts whether there was evidence online that one spouse cheated on the other during the marriage. Outside of very limited circumstances involving domestic violence, having proof of your reasons for a divorce does not impact the process.
However, this doesn’t mean that your online presence is entirely irrelevant in California divorce cases. While fault is not a factor in the proceedings, social posts can still be used to establish facts about a spouse’s lifestyle, financial status, or parenting capabilities, which can influence court decisions related to spousal support, property division, and child custody.
Social media can play a significant role in divorce proceedings by providing evidence that may be used in court. Spouses may use posts, messages, photos, and videos shared on social platforms as evidence of marital misconduct, such as infidelity, substance abuse, or reckless behavior. In some cases, this evidence can be pivotal in determining child custody, spousal support, or property division.
These websites can also influence the dynamics between divorcing couples who share children. Inappropriate or hostile exchanges on public platforms can be detrimental to co-parenting relationships and may raise concerns about the child’s well-being. Courts may consider these interactions when making custody and visitation decisions.
During divorce proceedings, both parties are required to disclose their financial assets and liabilities accurately. Social posts can be used to contradict these claims if they reveal a spouse’s lavish lifestyle or undisclosed income streams. This can affect the division of marital property and financial support arrangements.
Keeping your social media from affecting your divorce in California is crucial, as your online activity can sometimes play a role in legal proceedings. Here are some steps you can take to protect yourself:
While social media can impact divorce proceedings in various ways, its significance largely depends on the laws of your jurisdiction and the specific circumstances of your case. In California, no-fault divorce laws mean that social websites may not be as influential as in fault-based states. However, it is still essential to exercise caution and discretion when remaining active online during your split. Protect your interests and reputation by keeping your online presence private and avoiding potentially damaging posts. Consult with the skilled family law attorneys at the Law Offices of Diane J.N. Morin, Inc. in Palo Alto to understand how social media may affect your specific case and to receive guidance on navigating this challenging period in your life.
]]>However, nesting is a complex and often emotionally difficult option for parents. Let’s explore how it works and how to determine if it may suit your family’s needs.
Nesting, in the context of child custody, is an arrangement where divorced or separated parents take turns living in the family home with their children while maintaining a separate residence they use when not in the family home. This arrangement aims to provide stability and continuity for the children, as they remain in their familiar environment, attending the same schools and maintaining their regular routines.
What makes nesting unique is that the children continue to live full-time in the family home. This minimizes disruption in the children’s lives. Meanwhile, parents take turns living in the family home according to a set schedule. For instance, one parent might stay in the family home for a week, and then the other parent takes over for the next week. When not living in the family home, each parent resides in a separate dwelling. This could be an apartment, a rented room, or staying with friends or family.
Typically, parents must work out how to handle the expenses of maintaining the family home and their separate residences. These concerns include mortgage or rent, utilities, groceries, and other household expenses.
Parents must also remain in constant contact. Effective communication and coordination are crucial in this arrangement. Parents need to keep each other informed about their children’s needs, schedules, and any issues that arise.
Nesting can be a temporary arrangement while parents transition to a more permanent custody solution, or it could be a long-term solution if it works well for all involved.
Nesting can be highly beneficial in certain circumstances but also has its drawbacks. Understanding these can help parents decide if it’s the right choice for their family.
In general, nesting works best when parents remain amicable and maintain a sense of trust. If you believe that the stability would benefit your children, that is financially viable, and you can maintain the arrangement with your coparent, it may be worth considering.
However, there are certain circumstances where nesting may not be a good idea. If you and your coparent have a high-conflict relationship, problems setting personal boundaries, or cannot afford to maintain multiple residences, nesting may not be the right choice.
If you’re not sure about whether nesting is the right approach for your family, you can try the following:
Ultimately, the decision to pursue nesting should be based on a careful evaluation of your family’s needs, financial situation, and the ability of you and your ex-partner to co-parent effectively in a shared space. It’s often beneficial to try it on a trial basis first to see how well it works for your family before committing long-term.
In conclusion, while nesting can provide a sense of normalcy and stability for children during a challenging transition, it requires a high degree of cooperation and communication between parents. It’s also important to consider the financial and logistical implications, as well as the long-term sustainability of this arrangement. Parents should carefully assess their circumstances with the help of a family law professional to determine if nesting is the right choice for their family. The skilled family law attorneys at the Law Offices of Diane J.N. Morin, Inc., can help. Schedule your consultation to discuss your family’s needs and child custody arrangements today.
]]>However, you are strong enough to weather this storm. With the right approach and preparation, you can keep your divorce on track and find new ways to make the holidays satisfying. Keep reading to learn our five biggest tips for anyone getting ready to end their divorce this winter.
Most couples develop holiday routines over the course of their relationships. You have likely spent the past several years spending time with each other’s families, attending annual parties together, and potentially building traditions with your children.
When you’re preparing to separate, the holidays will be different. You probably won’t spend the season surrounded by the same people or going to the same places. You might be a little more subdued than you normally would be. That’s okay.
Ending a marriage is a big change, but it’s a change for the better. Accepting that this year’s celebrations will be different instead of trying to cling to the past makes it easier to prepare mentally and emotionally. It also frees you to find new things to appreciate about this time of year, like having time to spend with your friends or relaxing instead of trying to visit with two families every big day.
One of the biggest stressors of the holiday season as a married couple is the sheer number of social obligations involved. However, these obligations also act as a clear schedule for the season. After a few years of marriage, you probably know exactly what you’ll do for each major holiday.
A divorce changes that. Suddenly, you have holes opening up in your seasonal schedule. It’s up to you to decide what you want to do during the days you used to spend with your spouse and their family. Otherwise, important dates may sneak up on you and leave you feeling lonely or left out.
The best way to avoid this issue is to establish new plans well in advance. This can be as complex as throwing a party yourself and inviting everyone you love or as simple as planning a purposeful day of rest and relaxation. The point isn’t to recreate past years; it’s to do something enjoyable that doesn’t rely on your spouse’s presence.
Holiday planning is even more important if you have kids. Talk to your coparent about their plans for big days. Ideally, you’ll work out a schedule that lets each of you spend quality time with your children. While that time may not align perfectly with the calendar date of celebration, few kids will complain about getting two Christmas mornings. Setting these expectations early can help reduce conflict and stress during an already stressful time.
It’s also worthwhile to have backup plans. Travel and weather around major holidays are notoriously unreliable. Prepare a few ideas for what you’ll do if events outside your control delay a custody transfer. A good Plan B or C can help keep your holidays bright even if they look different from what you expected.
There are so many other things going on that the administrative work involved in a divorce can get lost in the shuffle. That can delay the entire process, potentially costing you more time and money in the long run.
If you expect you’ll need to address important divorce issues during the holidays, schedule those meetings well in advance. These meetings may include collaborative divorce negotiations, mediation sessions, or court hearings. If a matter could delay your divorce, it’s best to get it on the calendar now.
The closer you get to the holidays, the more likely it is that people have taken time off or already made plans for a given date. Full calendars can make it particularly difficult to keep your split on track. Setting up necessary meetings long before most parties and get-togethers have made it on the calendar allows you to avoid dragging things out due to scheduling conflicts.
Filing for divorce is a complicated process. The last thing most people want to do during the holidays is handle a complex legal issue on their own. That’s why you should prioritize talking to a skilled divorce attorney.
A good lawyer does much more than represent you in court. They will also help you understand your rights, explain your options for your split, and help you keep the proceedings on schedule. Working with an attorney can help you keep your divorce on track despite the stress and distractions caused by the holiday season.
It’s normal to feel a little Grinch-like if you’re getting divorced during the holidays. However, you don’t have to go through the process alone. You can work with an experienced attorney to simplify the process so you can focus on enjoying the season.
At the Law Offices of Diane J.N. Morin Inc., we understand how stressful holiday divorces can be. We are available to help you navigate the family law system and keep the proceedings moving forward. Our empathetic attorneys are dedicated to helping San Francisco families resolve divorces and other disputes neatly and efficiently. Schedule your consultation today to learn how our compassionate team can streamline your divorce or separation, even during the holidays.
]]>If that seems like a short timeline, it’s no wonder that same-sex divorce is still relatively uncharted territory. While there is no legal difference between heterosexual and homosexual marriages, some issues are much more likely to crop up when LGBTQ parents get divorced. These issues can lead to unexpected complications during your split if you aren’t prepared. Below, we explain the most useful ways to prepare yourself and your family for your LGBTQ divorce.
Your gender and sexual orientation have no bearing on your parental rights. In California, custody is awarded based on the child’s best interests, but gender is explicitly excluded from consideration. The California Family Code section 3011 states, “the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.”
This is excellent news for LGBTQ parents, but it’s not the whole story. Only a child’s legal parents are automatically granted the right to custody in a divorce. While your gender may not disqualify you from custody, your official parental status might.
Today, California law automatically grants married couples equal parental rights over any children adopted or born into the marriage, through surrogacy or otherwise. However, this is not true in all states. Additionally, if you had children before you were legally married, you or your spouse may not be listed on their birth certificate or adoption paperwork. If this is the case, the party not named may not have parental rights.
Without parental rights, you will struggle to receive custody or visitation with your children. Confirming that you have these rights before proceeding with your divorce is crucial to avoid an unnecessary custody battle.
Child support is just as important as custody and tied just as tight to parental rights. California considers the financial support of children to be a fundamental obligation of parenthood. However, only legal parents are required to pay support.
For this reason, having your spouse legally recognized as your children’s parent is crucial, even if you want sole custody. Until and unless they are recognized as a parent, they cannot be ordered to pay child support. This could deprive both you and your children of valuable financial assistance for years to come.
While same-sex marriage has only been legal in California for a decade, the state has recognized domestic partnerships since 1996. Thousands of couples statewide registered a domestic partnership years before they could get married. The state does not require couples to dissolve these partnerships before marrying, as long as they marry each other and not another party.
If you became domestic partners before getting married, you’ll need to dissolve the partnership along with your marriage. This is as simple as adding an extra form to your filing in California. However, the process may be more complex if your domestic partnership is registered in another state. It’s best to seek qualified legal counsel if you have any questions about the process.
Spousal support is often a contentious subject when couples divorce. The recency of legalized same-sex marriage only amplifies this. For example, a common issue in same-sex divorces is determining the length of the marital relationship. California courts often use marriage length to set the duration of alimony orders.
This can pose problems if a couple cohabitated for decades before they could finally get married. Typically, state courts do not consider cohabitation as part of the marital relationship for the purpose of spousal support. However, domestic partnerships normally do count. It could be the difference between an order that lasts for five years and one that lasts indefinitely.
The various complications of same-sex splits can make going to court for your divorce a long and stressful process. As such, it may be worthwhile to settle your divorce through mediation instead.
Mediation allows you and your spouse to collaborate on ending your marriage. Instead of bringing every issue before a judge and having them decide, you can work together to find a mutually satisfying settlement. This collaboration streamlines the process and can help you avoid unjust orders related to child custody, child support, and spousal support.
Mediation is also better for your kids. It encourages cooperation between you and your spouse, which reduces the likelihood of arguments and family tension. It also shields your children from the stress and fear involved in courtroom custody battles. While mediation is not for everyone, it is a valuable option for families and spouses who can remain amicable or at least professional with each other.
If you’re preparing for a same-sex divorce, you should consider working with an attorney who understands what makes your family unique. At the Law Offices of Diane J.N. Morin Inc., we have decades of experience helping families of all kinds navigate the legal system.
Our skilled attorneys can help you avoid the potential pitfalls of LGBTQ divorces in California, whether you prefer mediation or litigation. Get in touch with our Palo Alto family law firm to learn more about how we can help your LGBTQ family navigate this difficult time.
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