Preparing for Divorce: A Comprehensive Guide to Navigating the Financial and Emotional Challenges7/10/2024 Divorce is a life-altering event that necessitates meticulous planning and preparation. The following guide is designed to help you navigate the financial, emotional, and practical aspects of divorce, ensuring you emerge from the process as strong and stable as possible. 1. Financial Preparation: A Reality Check
I advise my client based on the facts and the law, with a discussion of the cost benefit analysis. Call today to schedule a consultation with my office. © Law Offices of Kristine Fowler Cirby. Any information you obtain from this article is not legal advice. Legal counsel should be sought for the answers to specific legal questions. This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code.
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As a family law attorney in California, I often advise clients to consider a prenuptial agreement before getting married. Here are some reasons why:
1. Protect separate property: A prenup can define and protect assets that each spouse owns separately before the marriage, such as inheritance, gifts, or business interests. Without a prenup, these assets may become community property and subject to division in case of divorce. 2. Clarify financial expectations: A prenup can outline how the couple will handle finances during the marriage, such as income, expenses, debts, and savings. This can help prevent misunderstandings or conflicts later on, especially if one spouse earns significantly more or has different financial priorities. 3. Minimize legal costs: A prenup can streamline the divorce process by resolving some of the key issues in advance, such as property division, spousal support, or attorney's fees. This can save both time and money, as well as reduce emotional stress. 4. Protect family relationships: A prenup can also address non-financial matters that may affect the couple's relationship or their families, such as custody, visitation, relocation, or inheritance rights. By clarifying these issues beforehand, a prenup can help prevent future disputes or court battles. Of course, a prenup is not for everyone, and it may not cover all possible scenarios or changes that may occur during the marriage. However, for those who have significant assets, liabilities, or concerns, a prenup can offer peace of mind and legal protection. If you are considering a prenup in California, I am happy to help you navigate the legal requirements and implications. I advise my client based on the facts and the law, with a discussion of the cost benefit analysis. Call today to schedule a consultation with my office. © Law Offices of Kristine Fowler Cirby Any information you obtain from this article is not legal advice. Legal counsel should be sought for the answers to specific legal questions. This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code. As a California attorney, I'm often asked about child support laws in our state. Here's what you need to know:
*California courts use a formula to determine child support payments, based on factors such as each parent's income, custody arrangement, and the child's needs. *Both parents are responsible for financially supporting their child, regardless of whether they were married. *Child support payments typically continue until the child turns 18 or graduates from high school, whichever is later. *If a parent fails to pay child support, they may face penalties such as loss of a driver's license, loss of a passport, tax refund intercepts, and even jail time. *Childcare and uninsured medical expenses are typically shared, in addition to monthly child support. It's important to remember that child support is intended to provide for the needs of the child, and it's not optional. I advise my client based on the facts and the law, with a discussion of the cost benefit analysis. Call today to schedule a consultation with my office. I advise my client based on the facts and the law, with a discussion of the cost benefit analysis. Call today to schedule a consultation with my office. © Law Offices of Kristine Fowler Cirby Any information you obtain from this article is not legal advice. Legal counsel should be sought for the answers to specific legal questions. This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code. If you are considering filing for divorce in California, here are some important steps to take before starting the legal process:
1. Consult with a divorce attorney: A divorce can involve complex legal, financial, and emotional issues that require professional guidance. A divorce attorney can help you understand your rights, obligations, and options under California law, as well as provide you with practical advice on how to protect your interests and achieve your goals. 2. Gather financial documents: A divorce will require you to disclose your income, expenses, assets, and debts to your spouse and the court. To prepare for this, you should gather as much financial information as possible, including tax returns, bank statements, credit reports, retirement accounts, and property titles. 3. Consider your living arrangements: Depending on your situation, you may need to make temporary or permanent living arrangements before, during, and after the divorce. This may involve finding a new home, sharing custody of children, or negotiating a separation agreement with your spouse. 4. Plan for your children's well-being: If you have children, your divorce will affect their lives in many ways. You should consider their needs and preferences, as well as the legal standards for child custody, visitation, and support in California. You may also want to explore mediation or collaborative divorce options to minimize the impact of the divorce on your children. 5. Protect your privacy and security: A divorce can be a sensitive and stressful time, and you may want to take steps to protect your privacy and security. This may involve changing passwords, securing your social media accounts, and keeping confidential documents in a safe place. Of course, every divorce is unique, and you may have additional or different concerns depending on your circumstances. However, by taking these steps and working with an experienced divorce attorney, you can better prepare yourself for the divorce process and increase your chances of a positive outcome. I advise my client based on the facts and the law, with a discussion of the cost benefit analysis. Call today to schedule a consultation with my office. © Law Offices of Kristine Fowler Cirby Any information you obtain from this article is not legal advice. Legal counsel should be sought for the answers to specific legal questions. This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code. If you're going through a divorce or legal separation in California and have children, one of the most important issues to consider is child custody. In California, child custody is determined based on what is in the best interests of the child.
There are two types of child custody in California: legal custody and physical custody. Legal custody refers to the right to make important decisions about a child's upbringing, such as education, healthcare, and religion. Physical custody refers to where the child will live and who will be responsible for their day-to-day care. California courts prefer to award joint custody whenever possible, meaning both parents share in the decision-making and physical custody of the child. However, if one parent is deemed unfit or unable to care for the child, the other parent may be awarded sole custody. When making a decision about child custody, California courts consider a variety of factors, including the child's age, health, and welfare, the relationship between the child and each parent, and each parent's ability to provide for the child's physical and emotional needs. If you're going through a divorce or legal separation in California and have questions about child custody, it's important to consult with an experienced family law attorney who can provide guidance and help protect your rights as a parent. I advise my client based on the facts and the law, with a discussion of the cost benefit analysis. Call today to schedule a consultation with my office. © Law Offices of Kristine Fowler Cirby Any information you obtain from this article is not legal advice. Legal counsel should be sought for the answers to specific legal questions. This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code. |