Divorce is stressful for all those involved, especially children. Often, children are forced to let go of one parent and are sometimes required to adjust to a parent's new spouse. Single parents in Oakland may agree that single parenting is difficult and frustrating at times and that it is no less difficult to be a child of a single parent.
Divorce litigation sometimes turns into a bitter courtroom battle, and the family may have to withstand a lot of emotional and financial stress. Therefore, a spouse in California who intends to file for divorce may consider looking at the other options, besides litigation, that offer settlements outside of a courtroom. The court may sanction a divorce, without considering the impact that it may have on the people involved. Therefore, if the issues that lead to the separation can be resolved outside of court, it may save the family from potential financial and emotional stress.
In a divorce case in California, or anywhere else in the United States, children frequently suffer more than anyone. The situation becomes very difficult when the parents get involved in a long, drawn-out battle involving child support and child custody. Many California residents may be aware that there are two types of child custody -- physical custody and legal custody.
Visitors to this website might recall a previous post that discussed the lower costs of collaborative divorce compared with the more traditional contested divorce that must be litigated. The blog post also noted that the high costs of contested divorce keep many couples in unpleasant marriages. This phenomenon is true throughout California and many other states.
Bay Area residents who visited our website may remember a previous post about grandparents' visitation rights under California law. The post discussed the circumstances in which grandparents can file for visitation rights and the factors courts will consider when granting those rights in a child custody case. In this post, we talk about how a grandparent can file a court petition to uphold and exercise those rights.
Any California resident who has gone through a contested divorce knows just how expensive and time consuming that type of divorce can be. A case can easily take more than a year to conclude, and former spouses often find themselves financially and emotionally exhausted, and sometimes embittered by the ordeal.
Divorce can hit children hard. While their parents engage in a war of words, children are often afraid of their future. Seeing their parents fight and left with uncertainty about their future living arrangements, children are often left feeling insecure and worried.
For the majority of American families, including those in California, the idea of going to court can be a somewhat frightening. Courts, however, are the final stop for couples going through divorce. For these couples, the question they must answer is, how will we get to court -- by litigation or by collaboration? When given time to think about it, most couples would prefer to avoid the stress of traditional litigation, particularly if they have minor children. This is where collaborative law can be so useful. It allows a couple to resolve almost every issue and only enter a courtroom to get a final decree.
Any parent in California who has gone through a divorce know that it can be very difficult on the children. Children often find it difficult to adjust to their parents no longer living together under the same roof. In the best interests of the child, California courts generally give child custody to one parent and orders for the other to have visitation and provide child support.
Many California residents who are contemplating divorce may be worried that they will have to go into a court and argue over who is at fault for the end of the marriage. Some may actually be looking forward to that experience. But in most cases, it's better to minimize the amount of time the parties have to be in the courtroom.