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Pasadena Family Law Blog

Excessive spending can wreck divorce proceeds

In the aftermath of a California divorce, newly single spouses can go through a wide range of emotions. Some feel relieved and motivated to start their new lives as single people. Others go through a period of sadness and remorse, and have a hard time viewing the future in a positive light. Many spouses emerge from divorce with a financial windfall, whether from selling shared property or from other aspects of the property division process.

The manner in which one handles this money can be life-altering. On the one hand, wisely investing these proceeds can help build a foundation for future financial stability, and is the savviest move that can be made. However, many individuals make poor decisions in the months following a divorce settlement, and risk losing money by spending geared toward self-soothing.

Family makes poor choices in child custody battle

When a highly contentious child custody dispute is underway, emotions can outpace reason. There is little dearer to California residents than their children, and when we feel that our children are unsafe or not receiving proper care, it is easy to allow our emotional response to take control over our better judgment. High levels of stress and anxiety can be experienced by extended family members as well as the parents, and in some cases there are many people wrapped up in a bitter child custody fight.

This appears to be the case for one New England family, in which both a father and grandfather were arrested and face serious criminal charges in relation to a child custody dispute. The matter arose when the paternal family of a 3-year-old boy failed to return the child to his mother at the end of a scheduled visit. Police were called in to assist, and came to the home of the child's grandfather, a veteran police officer himself.

Divorce mediation a viable option for California spouses

When it comes to mediation and divorce, misinformation abounds. California spouses often fail to understand the ins and outs of divorce mediation, and often overlook the option when considering how to proceed with their divorce. One recently published piece aims to educate and inform spouses about the methods and potential benefits of using a mediator to move through the divorce process.

One common misconception is that mediation is a 'one-stop' divorce solution, meaning that couples who choose this path must be able to complete their divorce through mediation alone. Spouses who are drawn to mediation but fear that they will encounter difficulty with their spouse on certain issues can be dissuaded from divorce mediation based on the belief that it is an all-or-nothing approach. This is absolutely untrue. Many couples go through mediation to address many of the issues within their divorce, and complete the remainder of the process with an attorney, parenting coordinator or other professional.

Older spouses have unique divorce needs

Divorce rates for older Americans are on the rise, according to a recent study by Bowling Green University. Researchers found that while the overall divorce rate has declined from the 50 percent peak in the 1980s, divorce among older spouses has doubled in the last 20 years. Many California readers are aware of a rash of celebrity divorces among older spouses, and others see the trend within their own families.

For older couples who are considering divorce, the issues they face are markedly different from those of couples in their 30s and 40s. In many cases, older spouses are on their second or subsequent marriage, and brought assets into the relationship that can complicate the property division process of a divorce. There may also be the need to protect inheritances or assets designated for the child or children from an earlier marriage.

Celebrity child custody case shows flexibility of courts

California readers may have been made aware of media coverage of a recent child custody issue involving notorious actor Charlie Sheen and two of his ex-wives. The case is unusual in that the children at the center of the matter have been removed from the custody of their mother and placed in the home of a non-relative. However, the story demonstrates the flexibility that California courts have in making a child custody determination that serves the best interests of the children involved.

Sheen shares two twin boys with former wife Brooke Mueller. Mueller has struggled with drug addiction, and has sought rehabilitation on multiple occasions in recent years. The 4-year-old twins were in her care until recently, when the Department of Children and Family Services removed the boys from that home.

Adultery plays little role in a California divorce

When a spouse finds out that his or her partner has been cheating, the effects can be devastating. This form of betrayal can lead to an experience similar to the stages of grief. Jilted spouses may feel shock, disbelief and anger before coming to accept the reality of their changed marriage. In many cases, adultery leads to divorce, but many California residents are surprised to learn that cheating will play little-to-no role in the divorce process or eventual outcome.

California is a no-fault divorce state, meaning that the courts do not factor in the reasons for the divorce proceeding. The focus is entirely on the details of how to handle matters of child custody, property and other types of practical issues. This can bring yet another shock to a spouse who is still reeling from the discovery of adultery.

Why divorce may be better for your mental health

As some Pasadena residents know firsthand, divorce is not always an easy choice to make. Maybe you think you should put in a little more time into your relationship to make sure you've exhausted your options for trying to make it work. Or maybe you think your children will benefit if you and your spouse stay together. When considering your marriage and the possibility of divorce, however, it's important to think about how it all affects you, too.

According to a recent study, an unhealthy relationship can affect your mental health -- more so than being single. The study, conducted at the University of Michigan, followed the relationships of more than 4,600 people for 10 years. Researchers asked the participants about how the spouses treated each other, including questions about criticism from spouses and a spouse's reliability. Their findings present an interesting comparison between unhappy married life and single life.

A cheating, controlling spouse won't mean more for you in divorce

Why do people in Pasadena and the rest of the country get divorced? Of course, the reasons can be extremely varied. Some people simply grow apart and decide that it is time to move on, while others might discover that they disagree on fundamental issues. For some, however, betrayal can spark a divorce.

When a divorce is prompted by something one spouse blames on the other, such as cheating or even abuse, he or she may think that a lucrative divorce settlement is in their future. However, now that no-fault divorce exists in all 50 states, the courts rarely consider the behavior of the spouses when determining property division or spousal support.

Dealing with your mortgage during divorce

On Wednesday we discussed the importance of updating the beneficiaries on all of your accounts during divorce. An example of a current case showed how problematic it can be if you forget to make that quick change. Today, we are going to examine another specific but important factor in many California divorces: your mortgage.

In order to address your mortgage during your divorce, you will first have to decide what you want to do with the house. Do you want to sell it? Do you or your spouse want to continue living in it? Selling it is a good way to take care of the mortgage and have it off of your hands, but if one of you wants to stay in the home, you'll have some more work to do.

Why you should update your beneficiaries after divorce

As some California residents know, when you go through a divorce, it often seems like there are a million things you need to do. You have to figure out what to do with the house, how to split up your bank accounts, and how to divide up all of your other physical assets. Then you'll have to agree on child custody, child support and spousal support.

When tasked with all of these major decisions, it's easy to let some of the seemingly minor tasks fall to the wayside. However, some things that are easy to forget during divorce can turn out to cause big problems later on. One of those things is updating the beneficiaries on all of your accounts.

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