When you are facing a child custody dispute, it can feel incredibly overwhelming. As a parent, your primary concern is the future of your child. We know that you want the best for your child. You might be wondering how a judge who does not know your family can decide what arrangement is best for your child. In California, child custody decisions are guided by one core principle: the best interests of the child. Although this phrase may seem straightforward, it involves a careful evaluation of several factors that directly impact your child’s safety, stability, and emotional well-being.
Understanding how these decisions are made can help you feel more relaxed, prepared, and confident. It can allow you to approach the process with realistic expectations of what matters to the court. At Okwuosa Pulliam Law Group, we help parents navigate these complex cases with clarity, support, and personalized guidance.
A Brief Overview of Child Custody in California
Before examining the factors judges consider when making child custody decisions, it is essential to understand how California defines child custody. California generally divides child custody into two:
- Legal Custody: This pertains to a parent’s ability to make significant decisions regarding a child’s education, healthcare, religious practices, and other major aspects of the child’s life.
- Physical Custody: This pertains to where the child lives and how parenting time is shared between the parents.
California courts may grant sole or joint legal custody, as well as sole or joint physical custody, based on what arrangement best meets the child’s needs. We can help you understand which arrangement aligns with your goals and how the court is likely to view your case.
Key Factors Courts Evaluate
In California, judges are legally required to make custody decisions based on the child’s best interests. This standard applies whether parents are divorcing, separating, or were never married to each other.
Under the “best interest of the child” standard, judges evaluate several factors that influence a child’s safety, stability, and emotional well-being. No single factor can solely determine the outcome of a case. Instead, courts assess all relevant factors together.
Here are some of the key factors California judges look at when determining custody:
The Child’s Safety, Health, and Welfare
The physical and emotional health and safety of a child is always the court’s top priority. Judges carefully evaluate whether either parent poses a risk to the child’s well-being.
If there is evidence of abuse, neglect, substance abuse, or domestic violence, the court takes those allegations seriously. A parent with any of these issues could see limited custody rights.
If there are safety concerns, it is crucial to consult a family law attorney immediately. These cases often involve complex evidence and high emotional stakes.
Each Parent’s Ability to Provide Stability to the Child
California courts understand that children need stability. Therefore, judges look at each parent’s ability to provide a stable and nurturing environment for the child. This includes stable housing, routines, and emotional support.
Stability in a child’s life is crucial for their development. It helps them feel safe. A child who does not feel safe cannot foster healthy relationships, and neither can they focus on academics. Stability at home, in school, and in the community can help children achieve their full potential and reduce the impact of difficulties, such as a divorce or separation.
History of Substance Abuse
California judges also consider any allegations of substance abuse. The law generally presumes that a parent with a substance abuse issue should not be awarded custody unless they can show that they have sought treatment or become sober.
History of Domestic Violence or Abuse
Similar to substance abuse, judges carefully consider any history or evidence of domestic violence or abuse. A parent’s ability to provide a child with a safe home is questioned if there is a history or evidence of domestic violence or abuse. The court may require the parent to demonstrate that they have taken significant steps to address the issue.
The Child’s Relationship With Each Parent and Co-Parenting Ability
Judges consider the strength of the child’s bond with each parent and whether each parent encourages a healthy relationship with the other. California courts strongly support a child’s right to have frequent and continuing contact with both parents. If one parent tries to interfere with visitation, alienate the child, or undermine the other’s role, it can negatively affect their custody case.
The Child’s Wishes (If Appropriate)
In California, if a child is 14 or older, the court may consider what they prefer if a judge determines it is in the child’s best interest to do so. Younger children may also be given a chance to express their wishes, depending on their maturity and the circumstances.
It is crucial to understand that when the court considers a child’s preference, it does not examine it alone. In other words, a judge cannot make custody decisions based solely on what a child wants, especially if that preference conflicts with what is in the child’s best interests. The court will consider a child’s preferences, along with other factors, before making a decision.
Each of the above factors, as well as many others not discussed here, carries a different weight depending on the unique situation of the family. And as already mentioned, no single factor can determine the outcome of a case. Instead, the court must look at all the factors collectively.
When disputes arise, judges may turn to custody evaluations, reports from child custody professionals, and other evaluations for insight into family dynamics, parenting abilities, and the child’s needs.
Move Forward With Confidence
When it comes to child custody, understanding what judges consider can help reduce uncertainty and enable you to make well-informed decisions. Although each family’s circumstances are different, California courts consistently prioritize safety, stability, and strong parent-child relationships. At Okwuosa Pulliam Group, our Los Angeles child custody attorney understands the emotional challenges of custody disputes. We are here to support you through every phase, address your concerns, and advocate for a custody arrangement that prioritizes your child’s best interests. If you are currently dealing with a custody matter or anticipate one arising in the near future, we invite you to contact us today to schedule a consultation. Let us help you protect your child’s future and your parental rights.
Finalizing a divorce often feels like closing a long, difficult chapter. You walk away with a court order outlining custody, support, schedules, and financial obligations that serve as the blueprint for how life moves forward after divorce. However, as much as one hopes the blueprint stays as is, life rarely follows a straight line. Jobs change, income goes up and down, kids grow, and sometimes circumstances shift in ways you could not have predicted.
California law recognizes that life does not stay the same forever. Many divorce-related court orders can be updated when circumstances change. At Okwuosa Pulliam Law Group, we understand how navigating the changes can be overwhelming. As such, we endeavor to help parents and former spouses navigate these changes with clarity and strategy.
What is a Post-Divorce Modification?
A post-divorce (or a post-judgment) modification is a legal request asking the court to update an existing order. Post-divorce modifications often involve child custody or visitation, child support, and spousal support.
For a post-divorce agreement to become enforceable, it must be approved by the court. So, even if you and your ex-spouse come up with your own arrangement, it will not be enforceable until a judge signs off. That approval is very critical because it ensures that neither party can later deny or refuse the new terms.
When to Request a Post-Divorce Modification
An order cannot be modified just because either party changed their mind. In California, a significant change in circumstances is required before a court can consider an update. Such changes include;
- A Change in Employment or Income
If one of the parties loses a job, changes careers, or has a significant shift in earnings, the court may revise the support amounts. This ensures that the support remains fair and realistic, not an impossible burden or an outdated figure.
- Relocation
If a parent moves so far that it affects the parenting time or school routines, the court examines if the move supports the child’s best interests. If it does not, custody or visitation schedules may be updated.
- Changing Needs of the Child
As children grow, their medical needs, school fees, extracurricular activities, therapy appointments, or support may need to change. When such changes are significant, court orders may need to reflect the new reality.
- Remarriage or Cohabitation
A new relationship or moving in with a partner can sometimes affect existing support obligations, especially alimony. If significant, the change may warrant updated court orders.
- Safety Concerns
If issues such as substance abuse, neglect, domestic violence, or unsafe living arrangements arise, the court can modify custody orders to protect the child.
What Types of Orders Can Be Modified?
The court may modify the following:
- Child custody and visitation
- Child support
- Spousal support
Orders That Typically Cannot Be Modified
Generally, there are specific orders that cannot be modified. These include:
- Property division
- Non-modifiable spousal support agreements
- Past due support (Arrears)
If you would like any of these to be updated, you will not follow the modification process. Instead, you will need to ask the court to reopen the closed issue, which follows an entirely different process.
It’s also worth noting that modifications can be temporary or permanent. Temporary modifications apply to short-term situations, such as unemployment, medical emergencies, or transitional issues. On the other hand, permanent modification involves long-term circumstantial change, such as retirement or remarriage.
How to File a Post-Divorce Modification in California
Requesting a modification involves several key steps:
- File a Request for Order (FL-300)
- Serve the other party in person or via mail
- Provide solid evidence of the change in circumstances
Such evidence may include:
- Pay stubs or tax returns
- Updated custody calendars or school records
- Medical reports or police reports, if it’s a safety-related case
If you are changing support, you must also file an Income and Expense Declaration (FL-150) with current and accurate information.
What if You and Your Ex Agree?
If both sides are on the same page, the process becomes easier. You can submit a stipulated agreement to the court, and once the judge signs, it becomes enforceable. Now, even if you and your ex are friendly, it’s best to have an attorney draft or review the agreement. Minor wording errors can cause issues later.
Common Pitfalls To Avoid
Many people unintentionally sabotage their own modification requests. Some of the most common mistakes you should avoid include:
Relying on Informal Agreements
If your agreement is not court-approved, it is not enforceable. If the other party refuses to honor the terms of the “updated” order, the court may not hold anything against them.
Waiting Too Long To File
A key point many people don’t realize is that support doesn’t change retroactively. It can only be changed from the date you file forward. This is why filing promptly is essential.
Improper Service
If the other party is served improperly, the court can delay or dismiss your case.
Lack of Documentation
The court relies on verifiable evidence, not stories or assumptions. Any missing paperwork or weak evidence can result in delays or denial of your claim. To increase your chances of success, consider working with an experienced California divorce attorney so you get things right the first time.
Assuming Orders Update Automatically
When circumstances change, support doesn’t adjust automatically. You must file for modification.
We Are Here To Help
Whether you’re trying to update custody, adjust child support, modify alimony, or respond to a request your former spouse has filed, you do not have to do it alone. Post-divorce changes can feel overwhelming, especially when finances, parenting schedules, or safety concerns are involved. At Okwuosa Pulliam Law Group, our skilled Los Angeles divorce attorney takes the time to understand what has changed, what you need, and how to present your case clearly to the court.
We can help you gather strong evidence and complete the correct forms. Meet all deadlines and protect your rights at every step. If you are ready to update your orders or need guidance on your options, our team is here to support you. Contact us today to schedule a consultation and learn more about your options.
Divorce can be one of the most challenging transitions in life, not just emotionally, but also financially. Beyond the emotional stress, a major concern many people have is how to protect their hard-earned assets. If you are about to get a divorce in California, you may be wondering, “Will I end up losing my hard-earned assets?” Or perhaps, you are wondering what will happen to your business, retirement savings, or home.
At Okwuosa Pulliam Law Group, we understand the stress that this uncertainty can cause. We understand why it is so crucial for you to protect what you have worked hard for. Fortunately, with the right preparation and legal guidance, you can protect your assets during your divorce, ensure a fair outcome, and thus protect your financial future.
Understanding Community Property Laws in California
California is a community property state. In such a state, most of the property and debt acquired during the marriage is considered to be equally owned by the spouses. This means that when a couple gets a divorce, their marital assets are typically split 50/50. Marital assets can include real estate, vehicles, investments, and even retirement accounts.
It is vital to note that dividing assets 50/50 does not necessarily mean that every asset is split in half. There are several ways to achieve an equal split, including one spouse retaining one asset while the other receives other assets of equal value.
However, while California law generally requires community property to be divided equally, property division in a California divorce is not always 50/50. First, a judge may order an uneven split in some cases. Second, the spouses can agree on a different division through negotiation or mediation, and the judge will typically approve it. Third, a pre- or post-nuptial agreement can specify a different division of assets.
So, what about separate property? Separate property, which is property that one spouse brought with them into the marriage, any inheritances or gifts received by one spouse, and anything acquired after the legal separation date, is not subject to division during a California divorce.
Common Challenges in Protecting Assets
Couples face several challenges that make protecting assets during the divorce process particularly tricky. You might assume that if yours is an amicable divorce, you will not face any problems. This is not true. Even in an amicable divorce, fairly splitting assets can be a challenge.
Here are some of the common challenges people face;
- Commingled Property: Commingling happens when separate assets are mixed with community assets.
- Hidden Assets: Sometimes, spouses hide assets to avoid sharing them during divorce.
- Complex Assets: Determining how to divide complex assets such as business shares, stock options, pensions, or retirement accounts can be difficult. Often, dividing these requires expert valuation and careful planning to ensure each spouse receives a fair share.
However, while you could face several challenges, it is possible to protect your assets during a California divorce. We discuss this in the next section.
Steps You Can Take To Protect Your Assets
Below are some of the proactive steps you can take to protect your assets during a California divorce;
- Collect and Organize Financial Documents
The first step toward protecting your assets during divorce is gathering and preserving your financial documents. Some of the documents to gather include;
- Tax returns
- Business records
- Pay stubs
- Bank and credit statements
- Retirement account statements
- Property deeds
- Mortgage documents
- Identify Community and Separate Assets
One of the most vital steps to take is to know which assets are community and which are separate. That way, you can prevent separate property from being divided between you and your spouse. If you entered the marriage with property, such as a vehicle, real estate, or a bank account, ensure you gather proof showing that the asset belongs to you alone.
- Don’t Commingle Funds
After separating from your spouse, do not mix your individual funds with joint funds. Open a separate bank account and track all transactions. This will make it easy to differentiate what is truly yours.
- Keep an Eye Out for Suspicious Behavior
As we mentioned earlier, some spouses attempt to conceal assets during the divorce process. During the divorce process, keep an eye out. Watch out for any suspicious bank withdrawals and asset transfers. If you notice any suspicious behavior, inform your lawyer immediately.
- Consider Alternative Dispute Resolution
Litigation is not always the best route, especially if you want to have control over the outcome of your case. In divorce court, the judge will have the final say. Alternative dispute resolution methods, just like mediation and collaborative divorce, can allow you to negotiate asset division in a way that works for you and your spouse. ADR can lead to better financial outcomes.
Avoid Costly Mistakes
During a divorce, emotions can run high. It is easy to make decisions that can hurt your financial future. Here are some of the common mistakes to avoid;
- Reaching an agreement too quickly
- Not conducting a full financial audit
- Hiding assets
- Letting your emotions drive your decisions
- Ignoring tax implications
- Attempting to go without legal representation
The Importance of Legal Help
Even if yours is an amicable divorce, asset division can be tricky, especially under community property laws. A skilled divorce attorney can ensure your rights are protected.
An experienced California divorce attorney can help you identify and value assets, trace separate property, uncover hidden assets, and negotiate fair settlements that are in your best interests. A skilled lawyer can also anticipate potential issues and guide you through mediation or court proceedings (if necessary).
Protecting your assets during divorce is absolutely achievable with the right approach. By understanding how California’s property division laws work and taking proactive steps, you can prevent costly mistakes and protect your financial future. Every situation is different, and the best thing you can do is carefully plan and hire an attorney. At Okwuosa Pulliam Law Group, we are committed to helping Californians protect what they have worked hard to build. Our experienced Los Angeles divorce attorney can guide you through every step of the process. From identifying and valuing assets to help you settle your claims, we will be there with you. Contact us today to schedule a consultation and learn more about how we can help.
Divorce is never easy. Even when both spouses have decided it is best to separate, the divorce process can feel overwhelming. Divorce in California specifically can be confusing. With all the rules, forms, and procedures involved, it is easy to get lost in the process. If you are considering initiating the divorce process in California or have already been served with the divorce papers, you may be feeling a bit lost about what to do next. You might be wondering how long the process will take, what will happen to your assets and children, or what steps you should take to prepare for what’s ahead. At Okwuosa Pulliam Law Group, we totally understand how intimidating this phase of your life can be. We want you to know that you do not have to go through this alone.
California Is a No-Fault Divorce State
The first thing to understand is that California is a “no-fault” divorce state. This means that neither you nor your spouse has to prove the other did something wrong to get a divorce. For example, you don’t have to prove that your partner cheated in order to get a divorce. In California, the most cited reason for divorce is simply “irreconcilable differences,” which simply means the marriage cannot be fixed.
However, like in a no-fault state, formal documents must be filed on time in order to initiate the divorce process. A qualified California divorce attorney can help ensure you fill out the forms correctly and file them on time (if you are the one initiating the divorce).
California Residency Requirements
Before filing for divorce in California, it is vital to understand the state’s residency requirements. To file for divorce in California, you or your spouse needs to have resided in the state for the past six months and in your current county for the past three months. You can file for divorce in any county where one spouse meets the residency requirements.
If neither of you meets the residency requirements, you may have to wait before you can commence your case. If you file for divorce before meeting these legal requirements, your case may be dismissed because the court lacks legal authority or “jurisdiction” to grant a divorce. If you don’t want to wait, you can file for legal separation and amend the petition to ask for divorce once you meet the residency requirements.
What Issues Are Decided in a California Divorce?
During a California divorce, several issues need to be addressed, including the following;
- Division of Property and Debts: California is a community property state, meaning community property (property acquired during the marriage) is split evenly between spouses.
- Child Custody and Visitation: In California, decisions on who has legal and physical custody of the child and how parents spend time with their children are made based on the best interests of the child.
- Child Support: This is determined using the state’s child support guidelines that take into consideration several factors, including custody time and each parent’s income.
- Spousal Support (Alimony): Depending on the situation, the court might require one spouse to support the other financially.
Steps Involved in a California Divorce
The first step in a California divorce is ensuring you meet the residency requirements. Once that has been confirmed, the process usually proceeds as follows;
- Filing Divorce Papers
To start the divorce process in California, one spouse must file the Petition for Dissolution of Marriage (Form FL-100).
- Service of Papers
The next step is for the other spouse (the respondent) to be served with the divorce papers. However, California law prohibits petitioners from serving the papers. A neutral third party must serve the divorce papers. This can be
- a friend, relative, or anyone over 18 who is not involved in the case
- a professional process server
- the local sheriff’s department
Once service is complete, the server must fill out a Proof of Service form. This document confirms your spouse received the papers.
- Response
Once the respondent receives the divorce papers, they must file a response with the court within 30 days. If a spouse does not respond within this time, the court can enter a default judgment. A default judgment often favors the petitioner, so it is best to act fast.
- Exchange Financial Information
You and your spouse must provide a complete and accurate list of your income, assets, and debts. You should be honest and avoid hiding assets or information. If you are caught lying about your finances, you could face legal consequences.
- Negotiation and Settlement
This is the stage where you and your spouse address key divorce-related issues, such as property division, child custody, and spousal support. Often, couples reach an agreement through negotiation, mediation, or collaborative divorce.
- Trial (if Necessary)
If an agreement cannot be reached, the divorce case proceeds to trial, and the judge rules on unresolved matters.
Note: California has a six-month waiting period before a divorce can be finalized.
Preparing for a California Divorce
Preparing for your divorce can help reduce stress and protect your rights. Here are some practical steps to take;
- Understand the divorce process in detail
- Gather and organize financial documents
- Consult a divorce attorney early
While you are not legally obligated to hire a divorce attorney, having an experienced California divorce lawyer can ensure your rights are protected and you don’t make costly mistakes.
Apart from the above legal and financial preparations, it is crucial to focus on emotional and practical preparations as well. Steps you can take include;
- Assembling a support system
- Preparing yourself mentally
- Creating a plan for your future
While the California divorce process can feel overwhelming, preparation and the right support can make all the difference. Understanding what to expect can reduce stress and give you confidence as you move forward, and hiring an attorney can ease the process. At Okwuosa Pulliam Law Group, our skilled Los Angeles divorce attorney is here to guide you every step of the way, from protecting your rights in property division to advocating for your children’s best interests. We are ready to stand by you with knowledge and compassion. Contact us today to schedule a case evaluation and let us walk with you through this phase of your life.
If you are a victim of domestic violence, you should know that you are not alone and that you are not powerless. Many people in California face abuse or threats of abuse from people they once trusted. Many people are stalked, harassed, and physically abused by a family or household member. This can make you feel unsafe in your home or scared to go about your everyday life. If you are in such a situation, a Domestic Violence Restraining Order (DVRO) may be the lifeline you need. At Okwuosa Pulliam Law Group, we understand that the decision to seek a restraining order can feel overwhelming. Perhaps you are worried about retaliation, don’t know how to go about the process, or are scared about facing your abuser in court. Again, you are not alone! We are here to guide you and give you peace of mind.
What is the Meaning of “Abuse?”
Domestic violence is defined as abuse perpetrated against another person. But what exactly is “abuse?” The California Domestic Violence Protective Act (DVPA) defines this term broadly. According to the law, abuse includes;
- Molesting
- Striking
- Sexually assaulting
- Harassing
- Stalking
- Battering
- Threatening
- Disturbing the peace of the other party
The definition under the DVPA also includes non-physical forms of abuse that cause emotional distress to the victim.
If any of the above actions are making you or your child feel unsafe, you have the right to seek protection by filing a restraining order.
What is a Domestic Violence Restraining Order?
A Domestic Violence Restraining Order is an order issued by the court that is meant to protect you from abuse or threats of abuse from someone close to you.
Under California law, a DVRO can be granted against several family and household members, including;
- Child(ren)
- Parent
- Sibling
- Grandparent
- Domestic partner
- A current or former spouse
- The parent of your child
In other words, a DVRO is against someone,
- You have dated
- You have been intimate with
- You are married to
- You live with or have lived with
- You share a child with
- You are closely related to
Types of Restraining Orders in California
There are three types of Domestic Violence Restraining Orders in California.
- Emergency Protective Order (EPO)
This type of DVRO is available 24/7 and is requested by a law enforcement officer at the scene of the incident. If a judge believes there is an immediate and present danger, they will issue an EPO, which goes into effect immediately. Usually, an EPO lasts for about 5 to 7 days.
- Temporary Restraining Order (TRO)
You must file paperwork and request a Temporary Restraining Order. Once you turn in your request to the court, a judge will decide quickly whether to grant the order. Then a future hearing will be set to determine if you need a long-term restraining order. A TRO lasts until the hearing is held.
- Final Restraining Order/Permanent Restraining Order
Despite the name, this order is not actually permanent. A Final Restraining Order (FRO) can last up to five years. However, if necessary, it can be renewed. Usually, this order is granted after a formal court hearing in which both sides present their cases.
What Protections Do DVROs Provide?
A Domestic Violence Restraining Order can provide a wide range of protections, including the following;
- Ordering the abuser to stay away from your home, workplace, or school
- Prohibiting the abuser from committing acts of violence or making threats
- Prohibiting all forms of contact, including calls or texts
- Ordering the abuser to move out of the house
- Ordering the abuser to turn in any weapons
A DVRO can also provide you with temporary custody and support for your minor children.
The Process of Obtaining a DVRO in California
Navigating the process of seeking a DVRO can feel overwhelming. Below, we break down this process in a simple way.
- Document the Abuse
Start by documenting the abuse. Keep all the texts, emails, pictures, medical records, or police reports. Even a personal journal with dates and details of what happened can help support your case.
- Complete and File the Necessary Paperwork
Your next step is to fill out court forms like the DV-100 (Request for Domestic Violence Restraining Order), which tells the judge which order you are seeking and the form of abuse suffered, and file them.
- Review of the Petition
A judge will review your TRO request quickly and decide whether or not to issue the order. A TRO can be issued “ex parte,” meaning the other party does not have to be notified or present.
- Serve the Other Party
Once the order has been granted, the restrained party must be formally served with a copy of all court papers, including notice of the full hearing. This is a crucial step that must be properly documented.
- Court Hearing
After around three weeks, the final hearing will be held. At the hearing, the judge will review the evidence presented by both sides and determine whether or not to grant a Final Retraining Order.
Having a skilled protective order attorney by your side is vital. An attorney can ensure your forms are completed correctly, organize evidence, and help present your case effectively.
Take the First Step Toward Safety Today
Deciding to seek a Domestic Violence Restraining Order is a very courageous step. We understand the challenges victims face, such as fear of retaliation, and commend you for being brave. While you are not legally required to have an attorney to seek a DVRO in California, it is highly advisable that you retain legal counsel. Remember, the other party might have a lawyer, and it is only right that you have someone to advocate for you, too. Also, an attorney can prevent you from making mistakes that can jeopardize the protection you need. Our Los Angeles Protective Order attorney at Okwuosa Pulliam Law Group can help you navigate this journey with empathy and strong legal support. We are here to listen, support you, and advocate for the protection you need. Contact us today for a case evaluation.
Why Do So Many Couples File for Divorce in January?
Here in California, we typically see a spike in divorce filings that begin in January and peak in the month of March. It’s not unusual to see 30% more divorces filed at this time than during the rest of the year. There are several reasons for this so let’s spend a few minutes on both why this tends to be the case along with discussing some of the potential benefits and drawbacks of divorcing in January.
TRYING TO SAVE THE HOLIDAY SEASON
The holiday season brings with it lots of expectations, family get-togethers and emotions, so it’s easy to understand why many married couples don’t want to add the stress of a divorce during that time. Even if both members of the couple agree that a divorce is the right choice, having to explain that to extended family and friends during what is normally a time for celebration is something many people prefer to avoid.
Add to that if there are children in the marriage, preserving as much holiday joy as possible for them may be something the parents consider. Children also tend to extend the holiday season, as Halloween can be just as fun and exciting for the kids as any other holiday on the calendar. (pro-tip: it’s a good idea to include Halloween as one of the alternating “holidays” in your custody order.)
Another reason people choose to wait until after the holidays is that the holiday season is important to everyone else that will be assisting you in your divorce case. From the attorneys and paralegals like us to the judges and court clerks. Starting a case in the middle of December can result in several delays because multiple people in the chain will be taking time off for the holidays, in addition to the days the courts are closed.
HOPING THE HOLIDAY SEASON SAVES THE MARRIAGE
Even in a great marriage, the holidays can bring enormous stress. Travelling, being stuck with in-laws, and buying gifts can put an already shaky marriage over the edge. There are also times when one or both of the people in a marriage decide to “give it one more try” over the holidays, hoping the cheerful and thankful spirit of the holidays brings a return of the good feeling they used to have in their marriage. When that feeling doesn’t return, or when the stress of the holidays brings out the worst parts of the marriage, that can be when the couple decides that divorce is the correct option for their situation.
FINANCIAL CONSIDERATIONS
The end of the year means the arrival of a lot of the financial documents that’s needed for the dissolution of a marriage. W2s, pay stubs, investment account statements, mortgage statements, etc. Having these in hand makes the process that much easier. In addition, one or both of the spouses may be in an occupation where they receive year end bonuses. It may be best if the date of separation comes after a financial event of that nature if they want the bonus to be considered community property.
And let’s not forget taxes! If a couple has been filing jointly, still being married for even part of the new year may let them file jointly one more time, easing the tax burden for the first year of being divorced.
AND FOR 2021, A POSSIBLE RETURN TO NORMALCY
For all of us, 2020 was a strange and difficult year. Because of COVID-19 concerns, many people felt financial strain as one or both partners in the marriage suffered through layoffs or slowdowns at work. Even for the fortunate couples whose incomes were not affected, the corona-virus pandemic changed the expectation of how much a home could be sold or purchased for, altered the local rental market, opened up new considerations on where one might live or even the best ways to safely share custody of the children. I’ve spoken to many couples that put a pause on their decision to part ways as they waited for the world to return to something close to the stability they were used to,
With several vaccines about to be approved, many experts are anticipating a return to normalcy around the middle of 2021. Since California divorces tend to take 6 months or more to finalize, we expect many couples to start moving forward on the filings they put off last year, with the hope of realizing a more positive future than their current circumstances.
Whatever one’s reasons for waiting until the new year to begin a divorce proceeding, speaking to an experienced Family Law attorney will be beneficial. From help determining the right timeline for your situation, to knowing which financial documents you’ll need copies of (hint: all of them), to making sure the custody, visitation schedule, and division of assets are both fair and account for your specific situation and concerns, planning your next steps with an Los Angeles Divorce Lawyer should be something you strongly consider. Call us at 310-935-9635 for a free consultation or click here.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
