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Bay Area Family Law Blog

Approach your divorce with negotiations in mind

During a high-asset divorce, there are many assets at risk. If you're a wealthy couple, then you likely know that the divorce could impact you both negatively. California equal distribution laws make it so that you are meant to divide your assets 50-50. If that's not something either of you wants to do, then it's time to negotiate.

Most people would agree that getting half of everything is fair in some sense. However, if you have a business and run it from home, purchased all the major assets during the marriage and supported your spouse, giving up half may seem like it's completely unfair.

Missed visitation is harmful: 3 tips for talking to your ex

As a newly single parent, nothing is more daunting than thinking about your child suffering as a result of your ex-wife or ex-husband. You want your child to feel supported, but you know that the other parent is not as invested as they should be.

It can be hard to deal with parenting issues between yourself and an ex-spouse, but it is important that you talk them through to prevent your child from suffering the consequences. How can you address the issue of late visitation times or missed visitation days? Here are a few tips.

Do you need to revise your prenuptial agreement?

You don't have to be considering a divorce to wonder about whether your prenuptial agreement needs an overhaul. In fact, it's better to ask those kinds of questions long before divorce is on the horizon.

Unfortunately, if you have significant earnings, the changes in the tax code that are set to take effect in 2019 may be problematic -- especially if your prenup was written with the idea that you'd be able to deduct spousal support from your taxes. Under the new rules, that's no longer possible.

Is your prenuptial agreement invalid?

Going through a divorce can be one of the most difficult experiences of your life. You may worry about your own well-being, the financial impacts, the social impacts and the effects on your children, if you have any. Understandably, you may feel a great deal of stress as you face this life-changing event.

The financial effects of divorce can be particularly worrisome. Property division can have a considerable impact on how a person may fare financially after ending a marriage. Before you tied the knot, you and your soon-to-be ex-spouse may have come to a prenuptial agreement. However, you may have questions as to whether the agreement is enforceable.

Parents may be posting too many pictures of their children online

Most parents love taking photos of their children -- and they naturally want to share them! However, the days when you had to corner willing friends and drag out a photo album to show off the kids are long gone. These days, many parents end up using social media to chronicle their children's lives.

In fact, the average child these days has been shown in 1,300 videos or photos on social media by the time they reach 13 years of age. Children who establish their own social media accounts are apt to have an even higher number. Kids between 11 and 16 years of age post about 26 times a day -- and often they include photos.

Pets gain new rights in California divorce cases

Do you consider your dog to be a member of the family?If so, you definitely aren't alone. Now, thanks to like-minded members of the California legislature, dogs, cats and other family pets will be treated much the same as children when it comes to deciding who gets custody during a divorce.

Prior to the change in the law, judges were generally required to treat pets like nothing more than one more piece of property that had to be divided, making the family dog akin to a couch or a lamp. That sometimes made the family pet an item that one spouse could hold over the other's head as a bargaining chip.

Thinking about divorce? Take these financial steps right away

If you're contemplating a divorce -- or suspect that your spouse may be contemplating one -- it's time to take the steps necessary to protect your financial future.

1. Find a safe space to store financial documents

'Toxic stress' is a serious risk for children

How many adverse childhood experiences, or ACEs, has your child experienced? If you're in a troubled marriage or going through a contentious divorce, it may be enough to actually make your child sick.

Experts are trying hard to educate the public about the way that physical illness and stress connect. While a certain amount of stress is normal -- or even healthy -- so-called "toxic stress" has a decidedly unhealthy effect on human beings. Children may be particularly vulnerable because of their youth, lack of control over most situations and still-developing bodies.

What type of alimony could you receive in California?

Commonly, spouses have different income levels. Your spouse may have made more money than you, though you did generate your own income, or you may not have been employed because of staying home to raise the children. During your marriage, the disparities in income may not have seemed like much of an issue, but now that you are getting divorced, you may worry about your future finances.

Fortunately, you may have the opportunity to obtain spousal support, or alimony, as part of your divorce settlement. The terms of the agreement can differ from case to case, and the amount of support you obtain and the duration of the support will depend on a number of factors.