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Family Law Blog

Two estate planning changes divorced parents should consider

Your divorce has probably already caused many changes to your life. You may not see your children as often as you are used to, you may have a new house or apartment and you may still be acclimating to your new routines. Although you may feel like divorce has already caused more than enough change for right now, getting a divorce also means you should update your estate plan.

There are many updates that you may need to make to your estate plan after divorce. You will probably want to remove your spouse’s name from your estate planning documents wherever possible, and changes in your financial situation may need to be reflected on certain documents. However, as a divorced parent you may also benefit from changing the way you use your estate planning documents to protect your children.

Prenuptial agreements add security to property division

Although some people sign a contract knowing that another party may be in breach of it at some point, no one starts a marriage thinking about that. However, a marriage is a contract, and the end of one can mean an expensive hassle for the spouses.

Divorce has gotten far more common in the last few decades. A full tenth of the American adult population has been divorced, with around 40% of first marriages ending in divorce and higher rates for later marriages. This is why prenuptial agreements have also gotten more common.

Military divorces are not so hard once jurisdiction is decided

Two of the most intense forms of serving the United States are being a member of the armed forces and being married to one. Any veteran of the Army, Navy, Air Force or Marine Corps can say that life is different when you are dealing with the insecurity of military life or loving someone subject to it.

Marriage and divorce are both complicated, and they are fortunately no more complicated than civilian proceedings in the same conditions. The most important part of the process is figuring out which jurisdiction can rule on the matter. Jurisdiction depends on legal residence in civilian and military divorces, but a service member is often stationed somewhere other than their legal residence.

Waiting to divorce may not have the effects people want

Divorce is never an easy subject to approach, even for two adults with mature respect for each other. It is certainly not easier with children. On top of the concrete arrangements for custody and support, communicating the emotional depth of a decision to get a divorce is difficult when communication may not be a married couple's strong suit.

Parents often feel the pressure to stay together until children are adults. People want to create and maintain a healthy and loving home for children going through formative phases in life like puberty and high school. But this effort may not lead to the results for which parents are sacrificing their happiness.

Protecting a business from divorce is a touchy subject

People with a lot of assets in their name may not think of a prenuptial agreement or other protections in the case of divorce. But business owners almost always think of what could happen to their sources of pride and income. Protecting a business from divorce may mean more than personal success. It could matter to employees, vendors and clients alike.

Prenuptial agreements are far from the most romantic aspects of marriage, but it can be one of the most important even without either spouse ever considering divorce. Talks about these agreements are often awkward discussions between engaged people, but the point can be made that the health of a business is important to many people.

What custody type ensures my role as parent?

Raising a child is a serious and complicated business, especially for parents managing for the first time. Relationships between adults are also difficult, and the combination of separate parents raising a child can be very daunting indeed. But Californians manage all the time, often with the help of the state's family courts.

What is the best way to figure out a custody arrangement?

Is it difficult to relocate with a child after divorce?

A divorce is difficult for children, but it is also difficult for parents. Once a custodial parent has been determined and a custody schedule has been established, the key for both parents and children is to maintain consistency.

However, job opportunities and family changes arise. When they do, a parent may decide that relocation is the answer. If that parent is the custodial parent, can the carefully crafted custody schedule be changed?

Inherited IRAs give divorce judges new ground to cover

Marriage is often a complicated arrangement. Although the basis of marriage should be love, many practical considerations enter into a legal contract. Nothing proves the complexity of marriage more than the difficulties that many people encounter when they are trying to get out of one.

Several new laws entered the U.S. books with the beginning of 2019. For example, alimony payments are now counted as income for the opposite parties as before, which is visiting consequences on millions of dollars' worth of tax returns. Some incidents are not yet described in the relevant laws, so courts and their officers sometimes have to go it alone.

Three ways to help kids get used to shared custody

Children often benefit from maintaining a healthy relationship with both parents, which is why shared custody is becoming the most commonly awarded custody option. However, sometimes children do not see the benefit right away. Sometimes children struggle with the changes that come with shared custody, but there are actions parents can take to help ease the transition.

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How are benefits divided for divorcing service members?

Marriage and military careers are often difficult to mix, as the dual demands of a spouse and the service can cause stress and occasional chaos. Children also may suffer the disagreements of spouses who rely on each other for information on a next posting or deal with extended absences. Divorce can often prove just as complicated, including the management of military benefits after the end of a marriage.

How are divisions of military benefits decided?

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