We've all either experienced or known someone who has gotten a divorce. Thus, we all also know that in an increasingly gender equal society, the terms of divorces are also changing. The way property division works, alimony awarded and child custody determined is a completely different process in this new world, where most divorcing women are in the full-time workforce, making as much money, if not more than, their divorcing spouse.
There are many things to argue over in a divorce. This is, unfortunately, part of the reason why divorces can be complicated and stressful. Child custody is one of those very contentious issues. Parents spend long hours debating with each other and a judge about who should gain custody of the children and when. One issue entering the debate more and more often has to do with the custody, not of children, but pets.
There are many different issues to discuss in the divorce process. Issues of child custody, property division, alimony and child support swirl in and out of the difficult separation discussion. Sometimes it is assumed in a heterosexual divorce that the woman will gain custody of the children, while the man will end up paying child support. However, as many previous posts have indicated, and as many Alameda County residents know, times have changed. The right to child support payments -- or the obligation to pay child support -- is no longer gender specific.
This blog is primarily dedicated to divorce law and all things related to divorce. Most individuals, including California residents, would rather not consider the prospect of divorce before their wedding day. However, it is a smart and important step to consider one's finances even before marriage in order to prepare for potential property division in the event of divorce.
In cases where couples are considering ending their marriage, the valuation and division of pensions and retirement plans is often an issue. But for same-sex domestic partners of federal employees in California, the right to receive those retirement benefits in the first place has been clouded in recent years by the political and judicial controversy over gay marriage and divorce.
As California residents know, the emotional strife that often occurs when ending a long and committed relationship can be tough. But making a decision to get a divorce can be even more difficult when there are hard decisions to be made regarding property division. Items like offshore accounts, business assets, retirement plans and 401(k)s can be difficult to value and even more difficult to split. And those are just the problems with property division. When religion is also involved in a divorce, another layer of strife can enter the equation.
The effect of separating spouses on children is a highly discussed consequence of divorce. As a previous post mentioned, some researchers conclude divorce can actually be better for children, because divorcing parents find themselves living a happier, less stressful life after splitting with their former spouse. Judith Wallerstein, a famous divorce researcher, took on a slightly more complicated conclusion as to the effects of divorce on children. Sadly, this dedicated researcher recently passed away.
California residents should consider that divorce doesn't have to be a negative experience for kids. In fact, a recent article suggests that a number of factors addressed by divorce actually make home life better for children.
A San Francisco woman's wages have been garnished after she refused to continue paying her ex-husband's spousal support, order after their divorce. The judge declared that $3,300 would be garnished from the California fire chief's pay each month.
The process of divorce, while often unpleasant and draining, is sometimes the best solution to a difficult situation. On top of learning to deal with strenuous emotions in adversarial settings, California residents should also consider their finances when going through the divorce process.