De Ita, Lowe & Wald, LLP

Phone: 650-918-4999

San Mateo Family Law And Workers' Compensation Blog

Dangerous mistakes that can make divorce even worse

When a person decides to divorce their spouse in California, they are often distracted by the emotional trauma that they are left to endure as the result of their newly-ended relationship. As a result, some people make critical mistakes that may not even be noticeable at first but can have a lasting effect on divorce. Some missteps have the potential to prolong the process, compromise a person's assets and create more stress than was necessary. 

One misstep that many procrastinate because they do not realize how risky it is, is to maintain joint accounts despite their separation from their spouse. If a couple makes an informal agreement about who will assume which debts during their divorce, but fail to close their joint account, both names will remain on the account and both will be bound to the debt payments. If the spouse who agreed to make payments does not uphold their end of the agreement, their former partner will suffer the consequences of delinquent payments. 

Are you hurting your custody case?

If you and your spouse are in the midst of a custody battle in California, you may wish to better understand what you can and should not do to increase your odds of obtaining a favorable outcome. It is good that you are asking this question. Too many parents wrongly assume that the courts will simply look at whether or not a person is a good parent. This is not the case. The courts review several factors to make a custody determination. Verywell outlines just a few of them.

One factor the courts weigh heavily is a parent's ability and/or willingness to work with the other parent. The courts want to know you and your spouse can communicate effectively when necessary and that you and he or she can work together to advance the wellbeing of your child. If you show an unwillingness to cooperate, the courts may award the other parent more custody.

Seeing the danger: Common hazards in the workplace

The best way to avoid workplace injuries is to see the dangers in advance and learn how to avoid them. All too often, people overlook clear hazards and put themselves or others in dangerous positions.

As a worker, this may not even mean that you personally make a mistake. It could be a supervisor or a coworker who overlooks the risk, but they may still cause an accident that leaves you with serious injuries. No matter how it happens, you're looking at time out of work and serious medical bills.

Understanding the value of participating in workplace training

If you have just been hired for a new job in California, chances are you will be required to undergo workplace safety training to some extent. The intensity and duration of the training you are required to complete will vary depending on your job responsibilities, the industry you are working in and the employer who hired you. At De Ita, Lowe & Wald, LLP, we have helped many people who have received injuries in a job-related accident. 

While you may be less-than-enthused at the thought of participating in safety training when you are confident in your abilities to responsibly complete your job requirements, there is an excellent value in this type of instruction. When you actively seek opportunities to learn about how to mitigate the hazards of your job, you may be able to react more confidently in situations where your safety may be compromised. 

What will happen to your job while you are injured?

If you have been injured at your job in California, you may have filed a claim with your employer to begin receiving workers' compensation benefits. If you were approved, chances are you are receiving supplemental assistance until you can resume your position at your job. However, what happens to your job while you are injured and unable to work? Understanding what may happen can give you insight into how to handle your situation so you can protect your job security as best as you can. 

When the time comes for you to return to work, your employer will probably require some type of medical clearance that your health care provider has signed. Such documentation will be an acknowledgment that you are healed and able to resume your responsibilities. If this type of clearance is not immediate based on your injury, your employer may allow you to telecommute or they may be willing to modify your job so you can comfortably and safely work your way back into your usual tasks. 

Dealing with a home and mortgage during a divorce

Residents in California who own their primary residence and are getting divorced will have to make the decision about what to do with their home once their marriage is over. For many people, a home represents their single largest asset so this decision has the potential to play a big part in the ultimate divorce settlement. From an emotional perspective, people often have deep ties to their family homes which may lead them to want to try and keep their home.

As explained by The Mortgage Reports, if one spouse wants to keep the house after the divorce is finalized, it is recommended that they seek a new loan in their name only. This is truly the only way to absolve the other person of financial responsibility for the property. Even if a divorce decree assigns responsibility to one spouse, a lender may seek payment from both spouses if both names remain on the loan.

Encouraging good parental relationships despite divorce

When a couple decides to get divorced in California, the upcoming changes can create significant anxiety and uneasiness for their children. While each child copes differently with divorce, younger children are usually at a higher risk of suffering emotional distress when their parents separate. Fortunately, parents can help their children cope with the changes in a productive way, but it will require them to be flexible with each other and respectful in developing a custody arrangement that allows their children to continue a healthy relationship with both parents. 

According to Parents.com, children will be curious about what is happening and why their parents are no longer living together. Explaining this situation is difficult for a lot of parents who struggle with being able to honestly describe what has happened without harming their children or creating opinions that may not be true. Parents should encourage their children to ask questions and communicate their concerns and then listen intently. They should provide enough detail to give clarification, but refrain from sharing information that may be inappropriate for their age or maturity level. 

Divorce: 7 things not to do

Whenever you tell people about your upcoming divorce, they always give you advice about what you should do. One friend tells you to try to get a postnuptial agreement first. Another tells you to make sure your spouse does not clean out the bank accounts. Another says that you should make sure you are together when you break the news to your children.

As helpful as advice can be, it's also important to know what mistakes to avoid. To help you, here are seven things not to do:

Overdosing on painkillers not uncommon among injured workers

When people are injured on the job in California, they have to follow a specific process to begin receiving workers' compensation benefits. Often, they are required to disclose the timeline of their injuries with their employer, seek the medical attention of a health care provider that is in the network with their employer and carefully follow all of the recommendations from their doctor to return to work with confidence and full health. 

Researchers in Maryland have conducted an interesting study that revealed that drug abuse is not an uncommon issue among workers who have received a job-related injury. While the research was conducted with a general group of injured workers, attention was paid primarily to those who were considered to be at risk. Among them were people who were the victims of a crush or sprain injury, as well as those who were aged 60 years or older. People who made at least $60,000 were also considered to be more likely to request continual refills of their prescription medication. 

Depression and child custody cases

There are many issues to consider with regard to child custody cases, from how courts decide what is in a child’s best interests to the type of parenting plan that will work out best for a particular couple. The emotional side of child custody cases should not be overlooked, and some people may struggle with depression in the wake of a custody decision that is unfavorable, from their perspective. Moreover, some children may experience depression after a custody dispute and it is crucial for parents to help them handle these feelings properly.

Whether a parent is upset that they will not be able to spend time with their child or they are sad for some other reason, these negative emotions are not uncommon following a tough family law case such as a dispute over how a custody plan will work out. There may be a number of options for parents to improve their circumstances, however, both before and after a custody ruling. If you are struggling with these matters, it may help you immensely to go over your different options.

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Phone: 650-918-4999
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