San Mateo Family Law And Workers' Compensation Blog

For children, perhaps the hardest part of divorce is how different their lives become after the split. Not only are their parents no longer married, but they have to move to a different home. They may switch schools. If the parents have joint custody, they may bounce back and forth between two homes. They could lose friends and neighbors.

All in all, it feels like the parents' decision to divorce uprooted everything they knew and loved in their lives. Their routines get shattered and it's hard for them to move forward.

Joint ownership of property, often considered a boon to California couples when they marry, can become a burden to a couple if they decide to divorce. If you and your spouse have decided to dissolve your marriage, the court will attempt to divide your common property as fairly as possible. According to the American Psychological Association, however, the division process can be difficult not only because of the emotional aspect of divorce but because couples often do not keep records of which property belongs to which partner.

Further complicating the matter is the fact that, from a psychological point of view, you may feel or perceive ownership over property that does not legally belong to you. Research suggests that you will tend to feel more ownership over an object that you hold, touch or use, regardless of who originally paid for it or who owns it in the eyes of the law. For example, if your spouse owned a tool set prior to your marriage but you used it more often than your spouse for maintenance of your home or automobile during your marriage, you may feel more ownership over the tool set, and therefore value it more, than your spouse does. Conversely, you may feel less ownership over property that is largely intangible, such as a retirement account or a stock portfolio. Therefore, even though your joint retirement account may be worth more money than your spouse's tool set, you may value it less because you feel less ownership over it.

Settling into new schedules and living arrangements in California after a divorce can be challenging. Once the custody proceedings are closed, you may think that you are finished with the courts. At De Ita, Lowe & Wald, LLP., we know that life changes. Instead of struggling with the initial arrangement and dealing with a situation that no longer fits life’s circumstances, you can go back for modifications to the court order.

Renegotiating a custody agreement every two to three years is typical. As children grow, their needs and interests change. Living arrangements and parenting schedules may need to accommodate these changes. If you and your ex can agree on the revisions, a new agreement may be filed, with no intervention by the courts. However, if you cannot decide on the changes, the court can be petitioned for an official modification.

During your divorce in California, the transition from spouse to individual comes with varying degrees of stress and uncertainty. The negotiations regarding spousal support may cause the feelings of losing control and ambiguity. If the court system is involved in the proceedings, there is tension even if all parties involved understand the events unfolding. At De Ita, Lowe & Wald, LLP, we recognize that understanding the factors that judges must consider if one spouse or partner requires financial assistance may help ease the transition.

According to the California Courts, marketable skills, the current job market and the earning capacity of you and your spouse are all elements that influence a judge’s decision. If the spouse receiving support does not have the job skills necessary, the amount awarded may take into consideration the amount of time and training needed to develop skills to find employment.