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Riverside California Family Law And Criminal Defense Blog

People 50 and older are increasingly choosing to divorce

Californians of any age might decide that their marriage is no longer working and choose to get a divorce. However, researchers assess statistics to determine which age groups are more prone to divorce. The age of the couple could have a significant impact on a variety of issues such as spousal support and property division.

A demographic that is increasingly getting divorced is people 50 and older. This is commonly known as a 'gray divorce". Between 1990 and 2010, the number of people over 50 who got a divorce doubled. Experts in relationship analysis and counselors say there are more variables in a gray divorce. One says that divorce has two separate peaks. One happens within seven years after the couple gets married. The second is after the marriage has lasted for at least 20 years.

Top reasons why women seek to end their marriages

Women in California and throughout the country are more likely to initiate a divorce compared to their husbands. According to research from the American Sociological Association, there are several reasons why this is this case. One key one is that a woman's role in the business world is evolving faster than a woman's role in the home. This means that women are more likely than their spouses to both work full-time and do the majority of the household chores.

Women today are also less likely to accept poor behavior from a spouse than they would have in past generations. Therefore, if a spouse is not faithful, is emotionally abusive or is controlling in any way, it could mean that the marriage will not work out. Research has shown that this can be true in both heterosexual and same-sex relationships.

Parental alienation and child custody rights

California parents could lose custody of their children even if they present evidence that they were victims of spousal or partner abuse. In many cases, it is because the other parent claims that he or she is a victim of attempted parental alienation. In other words, that individual is saying that the abuse allegation is nothing more than an attempt to keep that person away from a son or daughter.

It is important to note that there is no widely accepted evidence that parental alienation is a real phenomenon. However, research has also found that parents who make an alienation claim could be more likely to receive custody of their children. This is true even after facing allegations of abusing their spouse. A study funded by the Department of Justice (DOJ) looked at 4,388 custody cases throughout the country that took place between 2005 and 2014.

Tips for successful co-parenting

California parents who have decided to part ways will need to continue working together to raise their children. While this might be challenging, professionals have some tips that parents can follow to co-parent their children in a positive manner.

Co-parenting has the best interest of the child as its source. Having both parents involved in raising the children, even after divorce, is usually best for a child's emotional health and stability. But it does take effort, dedication and commitment from both parents to make it successful. Flexibility is important. Even though parents will work out a parenting plan that includes time allotted to each parent, they should both be willing to show a degree of flexibility if the other parent, for example, wants to take the kids on an activity they will enjoy when it's not technically their day.

What to do about early IRA distributions in a divorce

"Grey divorce" is the name given to the phenomenon of divorce among older people, and it is on the rise as the rate among younger people is falling. Retirement accounts may be a particularly valuable asset for older couples in California, and they may need to be split in a divorce. This is usually a fairly straightforward process with an IRA, requiring only a divorce decree. With a 401(k) and some other types of accounts, a complicated document known as a qualified domestic relations order is needed.

A potential problem could arise with an IRA if the owner has begun taking distributions before the age of 59 1/2. Normally, distributions before this time are subject to a 10% penalty, but this is not the case under certain circumstances unless there is a modification to the account. The problem is that it is unclear whether dividing the account in a divorce constitutes a modification.

Why some couples sign postnuptial agreements

Couples in California may be interested in learning about postnuptial agreements. These legal documents are similar to prenuptial agreements, but they are signed after a couple is already married. The goal is to protect any assets that are acquired during the marriage in case a future divorce occurs.

This document is sometimes signed when a couple wants to add some clarity to their finances. It could be that one partner is good at saving and investing and the other is not good at handling money. In addition to helping a couple establish new financial routines while married, it could protect the partner who has saved and invested money in case of divorce.

False claims of child abuse common trick in custody battles

If your relationship with your ex has been volatile, you may be dealing with a difficult custody battle. An angry or bitter ex may be willing to try anything to gain custody of a child, even if it is only to keep you from winning the fight. Unfortunately, some of the tactics a parent may use to gain the upper hand in a custody battle can end up creating a world of hurt for everyone involved.

One of the most common tricks an ex may use is to accuse the other parent of child abuse. This allegation can cause a devastating ripple effect that will not only damage the custody efforts of both parents but may place the well-being of the child at risk. If you are facing accusations of having abused your child, you have a right to be concerned about the consequences.

Creating a parenting plan for children of different ages

Divorced parents in California may feel uncertain when it comes to deciding on the best way to divide custody. The primary goal should be to determine what is best for the children. The following basic guidelines are helpful and take into consideration the needs of kids at different stages during their life.

It is usually recommended that babies and toddlers have a consistent parenting schedule to avoid putting them in a state of distress. In some cases, it will be better for them to have one primary caretaker and the other co-parent visit several times a week.

Tips for getting through a divorce

Divorce can be one of the most stressful things a person goes through in life. For some people, it can be like a death. People need to allow themselves to mourn. Afterward, it is possible to heal from a divorce and come out happy on the other side.

Some people may struggle to accept the divorce, particularly if they did not initiate it. It is important to work through this, especially when there are children who still need parents to take care of them financially and emotionally. People should allow themselves to feel negative emotions without getting mired in the mourning stage. It is important to move on from this. People should also be careful at work. Divorce can lead to people underperforming in the workplace. It may be necessary to use vacation time to work through some of the emotions.

How to talk about and create a fair prenup

Signing a prenuptial agreement can be an important step for some California couples. A prenup can offer financial protection in case of a divorce and make the process of property division less painful. However, it is important that both individuals are involved in creating the agreement and that it satisfies both of them.

One woman was surprised when her boyfriend gave her a cohabitation agreement to sign before they moved in together. They had already agreed that she would pay a reduced amount of rent on the home that he had bought with the help of his mother, who made half of the down payment and cosigned for the home loan. However, the woman objected to parts of the agreement, including some provisions for when they were married. It said that if they divorced, she would not be entitled to any spousal support. She would also not receive any financial compensation for the home regardless of what contributions she made to it.

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Law Offices of Catherine A. Schwartz
6877 Magnolia Avenue
Riverside, CA 92506

Phone: 951-335-0510
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