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Los Angeles Divorce and Family Law Blog

When it comes to divorce does wife's education level play a role?

People of all ages and from all backgrounds decide to end marriages each and every day. While the reason for that action varies from person to person the thing all have in common is a minimum of one of the partners wanting to end that relationship.

Readers may have heard that certain demographics were more likely to seek this option than others. Specifically, that the marriages of women who are more highly educated than their husbands, have a greater risk of ending in divorce. That notion was recently visited in a study recently published in the journal American Sociological Review.

Prenuptial agreement could protect spouses should marriage end

The decision to marry is not one that most people take lightly. It is about more than just love. When a couple unites in the state of California, there are economic and legal ramifications as well. California is a community property state which means that upon divorce, the couple’s assets and debts accrued during the course of the union will be equitably divided. Creating a prenuptial agreement prior to the wedding can impact the way in which those assets are handled not only in a divorce, but upon the death of one of the spouses as well.

What parents should know about child custody in California

While child custody matters go hand in hand with a divorce involving children, since couples need not be married to have children, the matter could arise at virtually any time. If a couple that resides in the state of California cannot come to an agreement on child custody, either on their own or via mediation, the matter will be referred to a court. While in general the court’s focus is on what is in the child’s best interest, there are several things that it will take into consideration.

Man jailed even after child support debt paid in full

When California readers are made aware of a child support enforcement action, it is usually the result of a lengthy process through which a custodial parent and the courts have tried every avenue of forcing compliance with an existing support order. These enforcement measures can include fines, the loss of assorted privileges and even jail time for the most striking cases. One recent child support case, however, has many across the nation wondering if certain enforcement laws are too rigid.

The case centers on a father who makes his child support payments through means of a payroll deduction. His employer withholds a portion of the man’s pay, then forwards those funds directly to the court. The mother is then able to access the funds, without having to communicate or interact with the child’s father.

Many women leave retirement assets on the property division table

Aside from matters concerning child custody, the division of marital property is the most important component of a California divorce. This is especially true for spouses who are nearing retirement age, for the plain fact that there are fewer years remaining to make up for severe financial losses. Property division must be focused on long-term outcomes, including the impact that the division of assets will have on retirement.

Taken as a whole, women are uniquely at risk of ending up on the wrong side of the division of retirement assets. While there are certainly exceptions, most women earn less than their husbands, and amass fewer retirement accounts. As a result, it becomes imperative to choose wisely when considering various property division strategies.

Judge finds against woman contesting divorce settlement

Readers are likely aware of how important it is to secure the best possible divorce settlement. Starting the next part of one's life is much easier when one is financially stable. While it is a good idea to take steps necessary to secure the best possible settlement, it may be possible to challenge the settlement reached.

The wife in what has been one of the most discussed high-asset divorces in the state of California as of late, tried to do this. Jamie McCourt challenged the divorce settlement that was reached on 2012 after close to 30 years of marriage. In addition to multiple homes described as "luxury," the woman also received $131 million tax-free in the divorce settlement.

Hiding assets in divorce may be accomplished with Bitcoin

It would be nice if when a couple decided to end a marriage, the process could run smoothly with both sides trying to be as fair as possible. This of course does not happen on a regular basis which makes it necessary in many situations to work with a lawyer who handles divorces. This is particularly true in high asset divorces where even determining the assets that need to be divided can be a big job.

Court examines status of monetary gifts as income in divorce

Though there are multiple issues that usually need to be addressed in the course of a divorce, the division of assets is often one of the most contentious. Where this matter is concerned, it is important to first determine what property is subject to division. Property deemed to be community property will be divided in a fair and equitable manner. Another related issue that a court will consider, particularly when children are involved, is the support one spouse will have to pay the other. The income of each person plays a role in this.  A California appeals court recent ruled on what may be considered as income in a divorce.

Depending on circumstances fathers may secure child support

There was a time when women were primarily provided custody of children after a relationship. That custody arrangement usually also resulted in the father being ordered to pay child support to the mother. Times have changed however and in more and more cases fathers share equal custody or in some cases even secure full legal custody.

This trend is illustrated in the custody agreement reached by Halle Berry and her ex, Gabriel Aubry. After a long and tumultuous custody dispute, the couple reached an agreement regarding the custody of their daughter in 2011. At that time it was determined the two would share equal custody. A child support agreement was only recently reached.

Some California courts adopt one-day divorce programs

When it comes to divorce, just as no two couples are alike, neither are divorces. Some couples undergo long complicated splits while others are able to end the union fairly quickly. Generally the longer a divorce takes, the more expensive it is. Accordingly, the latter option is appealing to many and some even choose to forego the use of a lawyer.

A California family law judge indicates that approximately three quarters of individuals seeking to divorce in the state of California, do so without the assistance of an attorney. Because these individuals usually do not know what to do after the initial filling, it is not uncommon for what applicants likely assume will be a short, easy process, to drag on. Recognizing this is an issue, some courts have adopted programs that are called one-day divorces.