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Encino Family Law Blog

Prenups could streamline the California property division process

Whether getting married for the first time or an additional time, asset protection is important. Because no marriage is perfect, the chance that a divorce could occur does exist, and California residents could find themselves facing the property division process. Most people do not want to enter such proceedings with uncertainty, and creating a prenuptial agreement could help.

Even if it is never needed, a prenup could help act as a safety net. With this document in place, if a divorce does occur, the agreement can help streamline the asset division process as terms have already been decided before the marriage even occurred. Without this document, the proceedings could become contentious and time consuming as a judge's ruling may be necessary to determine who gets which assets according to state law.

Custody decisions may impact how California parents interact

Parents often face many difficulties when it comes to working to do the best for their kids. Sometimes, circumstances arise that are unavoidable, and California parents may have to make difficult decisions that could seriously impact their kids. Divorce is a common situation that could have such an effect, and making custody decisions can have its challenges.

Though many parents may think that the legal process involved with child custody will be the worst aspect, there are still many scenarios that could prove difficult to navigate afterward. For instance, parents may have a hard time determining the best way to communicate with their children and their exes. Because parental relationships can have a significant impact on kids, even divorced parents may want to try to get along in some capacity.

Tension could have California couples filing for divorce

Most everyone knows that marriage can be difficult. For some, hard work can allow them to overcome those difficulties and create a more stable relationship. However, others may find themselves filing for divorce when the marital problems become too much and individuals feel that they are too unhappy to remain married.

California residents may find it interesting that tension among married couples plays a significant role in whether a couple may divorce. This information comes from a study that was conducted over the course of 16 years and followed over 350 couples during the courses of their marriages. Apparently, marital tension increased over time, and men felt the increased tension at a greater rate. However, it was usually the women who filed for divorce when their marital tension grew.

How divorce can affect adult children

Minor children are not the only children who can feel confused, lost or caught in the middle when their parents divorce. Adult children, too, can feel quite an effect.

In fact, with divorce rates increasing among the 50-and-older set, it is likely more adult children than before are feeling the sting of their parents' divorce. Of course, as with children of any age, there are actions parents can take to minimize the divorce's influence.

Certain factors could increase chances of filing for divorce

Many factors can contribute to how well individuals get along. When couples find themselves beginning to wonder whether they have what it takes for the long haul, they may also begin to assess their relationships to determine what factors may be making their marriages more difficult. In some cases, certain aspects could put individuals at higher risk of filing for divorce.

One risk factor for divorce that numerous California residents have heard before relates to whether a person's parents got divorced. If an individual did have divorced parents, he or she is statistically more likely to end a marriage as well. Additionally, this statistic does not only relate to seeing parents go through divorce, as there are reportedly connections between biological factors and divorce.

Does education predict filing for divorce?

Every marriage is different, and every breakup likely has its unique causes. The trauma and emotional upheaval of a marriage is often damaging. Because of this, psychologists and sociologists continue to examine filing for divorce as a phenomenon, seeking root causes and ways to potentially prevent marriage breakups. California couples may be interested in one university professor's theories about marriage.

The psychologist's research found that the divorce rates among those with lower educational achievement is much higher than among those couples with college degrees. College-educated couples tend to stay together longer. In fact, since the 1980s, the divorce rate among those with higher education has dropped significantly, but the rate of breakups among less educated couples continues to be high.

Medical, legal input may help parents with custody decisions

Knowing how to always meet the needs of a child can be difficult for many California parents. When they go through divorce, they may know that child custody decisions and arrangements can take a toll. As a result, they may attempt to tread carefully through the process, but still, children could face considerable impacts during this time.

One report suggests that, when going through divorce, it may be wise for parents to speak with their kids' pediatricians. Depending on the amount of conflict involved in the divorce and whether the children get caught in the middle, the situation could cause children to suffer physical as well as emotional impacts. If concerned parents speak with the physicians, they may better understand how to approach the situation from that angle.

Stonewalling may have California spouses filing for divorce

Most people want to do their best to keep their relationships on track. However, even when best efforts are put forward, some individuals may still find themselves filing for divorce. Because relationships require give and take from both sides, if one party has a tendency to stall communication, it is not unlikely for the marriage to come to an end.

California residents may find it interesting that one of the biggest communication issues in relationships involves stonewalling. With this action, individuals typically disengage from conversation and refuse to discuss an issue. As a result, it is unlikely that problems that come up in a marriage rarely get properly resolved. This type of action can easily lead a more communicative spouse to feel at a loss.

Request for anonymity denied in Weiner, Abedin divorce process

Divorce is often a trying time for many California residents. Many decisions will need to be made, and for those with high-profile lives, many personal details may soon become public knowledge. As a result, it is not unusual for individuals to want to keep their divorce process as private as possible. Unfortunately, that desire does not always get met.

Former out-of-state congressman Anthony Weiner and his soon-to-be ex-wife Huma Abedin had hoped that their divorce proceedings could move forward with some anonymity. However, due to the high-profile nature of the divorce -- which comes after it was discovered that Weiner had been sexting with a teenage girl -- the former couple's desire to have their case move forward as "Anonymous v. Anonymous" was not granted by the presiding judge. The desire for this listing reportedly came from concern for their 5-year-old son.

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