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Stockton CA Divorce Law Blog

Keeping retirement on track by taking financial steps in divorce

The end of a marriage can be a stressful and emotional period, regardless of the age of those involved. However, if you are approaching the golden years, you could have additional concerns regarding the process and how it might affect your plans for retirement.

While divorce will inherently have an impact on your finances, it doesn't necessarily have to change your retirement plans. There may also be certain financial steps you can take during divorce that could prove beneficial to seeking a favorable outcome and keeping your current plans on track.

Uncovering and properly valuing hidden assets in divorce

Property division is one of the most commonly contested issues in a divorce, and in an effort to better control what happens to marital property, one spouse may be tempted to hide certain assets. If you suspect that your soon-to-be ex-spouse is attempting to conceal assets in order to rob you of your fair share of assets and money, you can take certain steps to protect your financial interests.

When it comes to finding and properly valuing assets, you would benefit greatly from the help of a California attorney who can protect your interests and advocate for you throughout the entire divorce process. Misappropriating, hiding or retitling assets is unacceptable, but you can fight back.

What are the differences between physical and legal custody?

When going through divorce as a parent, your main concern undoubtedly falls on the well-being of your children. Child custody can have considerable impacts on your life and the lives of your children, and therefore, you may wish to understand the various aspects of custody and how they could play into your particular situation. Without the proper information, you could agree to terms that do not fit the best interests of everyone involved.

First, you may wish to better understand how physical and legal custody differ and how each parent could play a role in these types of custody.

Should your dog be treated like a child or a toaster during divorce?

When it comes to the division of marital property during divorce, some things are easy. He gets the TV, she gets the antique furniture. But deciding who gets to keep the beloved family pets isn't always so simple.

In fact, the way we treat our pets is often more akin to the way we treat our children - so does a custody and visitation agreement make more sense than a property division settlement?

Child support provides kids with necessary financial care

Child support is an important way that parents provide for their kids, though a number of factors can complicate the process of meeting a child's needs. The law firm of Dianne Drew Butler & Associates, conveniently located in Stockton, provides complete legal services for individuals struggling with their child support obligations.

For example, a change in a parent's financial circumstances can drastically alter his or her ability to provide support to a child. Often when a parent loses a job or is forced to take employment that does not provide him or her with a stable income, a parent is unable to meet the financial commitment mandated in a child support order.

Older individuals may face money challenges after divorce

A young California couple that decides to divorce before they have children and significant assets may experience a very different divorce process from a couple that divorces with kids, a home and shared investments. Further, a couple that has been married for a significant period of time may go through an even more distinct divorce process when they choose to end their marriage.

For example, couples that divorce in their thirties and forties or so may find that their divorces are primarily centered on maintaining balanced lives for their kids. However, older couples whose children have moved out of the house often discover that money and assets are the subjects over which concern is focused. Alimony, the division of retirement accounts and investments and the separation of business interests are all financial matters older couples often must settle during their divorces.

Alimony can affect a recipient's income tax liability

Each April, Stockton residents must tabulate their earnings and submit their tax returns to the state and federal governments. Though many individuals are most concerned about whether they will owe more money in taxes or whether they will receive a refund, others may have questions about what income they must actually report in order to provide accurate records. Some forms of payments between current and former family members must be reported as income on an individual's tax returns, and spousal support is one of those types of payments.

Spousal support or alimony is the payment of financial support from one former spouse to the other. Prior posts on this California family law blog have discussed the different ways that alimony may be paid; lump sum payments or period payments may satisfy the terms of an alimony order. However, when a party receives money from a former spouse through a support arrangement, that individual is usually responsible for paying taxes on the money he or she receives.

Why have I been granted supervised visitation with my kids?

It is important for readers of this Stockton and San Joaquin County family law blog to remember that no two child custody cases will present the same facts and circumstances. For this reason it is impossible to state exactly why one person receives supervised visitation with his children and another receives unsupervised time; such questions should be directed to an individual's personal attorney for deeper explanation.

However, generally there are several reasons that a parent may be awarded restricted or supervised visitation with his or her kids. One reason may depend upon a parent's criminal history. If a parent has struggled with substance abuse, violence, or other behaviors that may pose threats to his children then he may see his visitation time with his children limited to when a third party may be present.

Mediators help sort out financial aspects of divorce

A Stockton resident who chooses to divorce his spouse may place the well-being of himself and his children above all other considerations when it comes to bringing about the end of his marriage. However, despite the serious emotional challenges that divorces can impose on individuals and their families, divorces also can place heavy financial burdens on people who must untangle their lives from those of their partners. In California, divorcing parties can use mediation to work out the personal and monetary angles of their marital dissolutions.

In particular, divorce mediation may be used to settle negotiations about child and spousal support. It can also be used to divide up a couple's property in a property division agreement as well as establish a division of marital debts. In some situations, mediation can help keep divorce costs down as it is often possible for the parties to completely settle their divorce without having to resort to litigation.

Celebrity couple separates but does not file divorce papers

Previous posts on this Stockton family law blog have discussed the process that a couple must follow in order to legally end a marriage through divorce. Generally, after deciding to initiate divorce, one or both of the parties to the marriage will file paperwork with the California courts that will involve the judiciary in the termination of their union. If a couple chooses not to file this paperwork then they remain legally married.

Just over a year ago, two popular celebrities appeared to be heading for divorce court. Jennifer Garner and Ben Affleck separated, indicating that their decade-long union was coming to an end. However, neither Garner nor Affleck has elected to file divorce papers with the court and they remain married despite their prior actions.

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Stockton, CA 95219

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