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San Jose Divorce and Family Law Legal Blog

Creating a financial plan prior to entering divorce

The decision to end a marriage often arrives after considerable thought and deliberation. While the divorce process can feel daunting, it may still be in an individual’s best interests as they move forward with their life. A divorce can dramatically impact one’s financial situation, so planning is paramount.

By creating a sound financial strategy for divorce, a person can better position themselves for a healthier financial future. Monetary concerns are frequently central to the anxieties that arise from this legal process, so preparation can offer valuable peace of mind.

Uptick in the number of people seeking divorce in January

There are many people in California in unhappy relationships who may keep a sense of optimism about their and their partner's future together. However, there comes a point in many relationships where people are forced to admit that the problems they face are insurmountable, forcing them to decide whether they should continue to live with their unhappy situation or take action to seek the next chapter of their lives. Some reports suggest that many people make the decision to seek a divorce in January.

The American Academy of Matrimonial Lawyers claims that the number of divorce filings is one-third higher in January. Some family law professionals speculate on the reasons for this uptick. For many, the start of the new year is a time to set goals and kick bad habits that will result in a happier, healthier year. This may often include seeking a divorce for those in unhappy marriages.

How a prenuptial agreement alters the divorce process

You’ve likely heard that around 50 percent of marriages end in divorce. When people get married, they usually imagine it lasting forever, but there is a 50/50 chance of it ending in divorce.

Given the odds, it may be a prudent decision to create a prenuptial agreement–especially for high-asset couples, business owners or couples entering in to the marriage owning real estate.

California man wants to set time limit for spousal support

If you have set aside a career to take care of your home and children, going through a divorce may put you at a financial disadvantage. You may have to try and reenter the workforce with little to no job history for the length of your marriage. Spousal may provide for you to have the financial support you need while you get back on your feet.

Currently, a judge determines the length of time that spousal support lasts, but a man in California thinks that spousal support should only last for five years. He has started a petition to make that time limit California law.

Determining if mediation is the right choice for a divorce

Movies and television shows would have viewers believe that the end of a marriage has to be filled with anger, bitterness and accusations thrown out in front of a judge. While there is no doubt that there can be negative feelings associated with a divorce, there are also couples in California who want the transition to their next stage of life to be as peaceful as possible. Though it is not the best option for everyone, many couples in California are choosing mediation to achieve this. 

Mediation involves the couple meeting with a neutral third party; each spouse has the option of having an attorney present. In this system, the mediator guides the couple to reach a resolution rather than issuing an order or providing legal advice. Once an agreement is reached, the mediator creates a memorandum of understanding. Often, it is beneficial to have an attorney guide them through the process of creating a formal agreement.

Money matters and how they affect divorce

A couple that is struggling financially may be more prone to fights and disagreements. Money is one of the leading causes of problems in a marriage, and often, those issues can carry over during a divorce proceeding. Many people believe that adultery and behavioral problems are the reason their marriage is ending, but in reality, it is probably more likely that money is to blame.

Divorce experts say that two of the leading causes of divorce are money problems and communication problems. It is easy for a California reader to see how those two things often relate. Lack of communication between a couple may mean that they have not discussed important things such as financial responsibilities in the marriage and taking on additional debt.

Helping to ease the divorce transition

Most people in California have plans for the future. Many of those plans include spending the rest of their lives with their spouse. However, even couples who have the best intentions find that their relationship is no longer functional, ultimately leading them to the decision that a divorce is in their best interests, as well as in the best interest of any children who are part of the family. Even so, the process can be difficult as couples adjust to the idea that their plans for the future must now be altered.

Fortunately, there are certain steps that people going through a divorce can take to help ease the process. For example, recognizing that there are people who are willing to help them can ensure that they have the support they need as they seek the next stage of their lives. People often have friends and family members on whom they can lean. Additionally, there of professionals with experience with helping a person going through a divorce process their feelings without offering judgment. 

Stability: The main goal of co-parenting

When establishing a custody agreement, California laws and courts always prioritize a child's best interests. This is because they want to maintain stability in the child's life as much as possible through an extreme life change, such as a parent's divorce.

Marital contracts: often an effective yet misunderstood planning tool

Ice thrown on fire? Dimmer of romantic ardor? Marriage killer?

Some California readers of our blogs at the proven San Jose family law firm of Foster Hsu might reasonably guess what today's post spotlights based on the above descriptors.

Should you hire a forensic accountant for your divorce?

Going through a divorce can be a complicated process, especially if you and your spouse have significant assets. Even in amicable divorces, dividing marital property and debts can be complex. Sometimes, in high-asset divorces, hiring a forensic accountant can ensure each party receives a fair share of retirement accounts, stock options or trust fund money.

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