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San Jose Family Law Blog

The impact of divorce on depression

The link between divorce and mental health issues are unfortunately strongly linked. Often, mental health issues can be a catalyst for a divorce, but divorce can also spark mental health problems for a spouse. Therefore, it is important to understand how to deal with divorce in a way that will not further worsen any mental health issues that you or your divorcing spouse has.

Everyone takes time to adjust to a divorce. Whether you chose to file for divorce or not, it is likely that you will have gone through a grieving process for your failed marriage. When a divorce feels traumatic in one way or another, it can cause a period of situational depression for many people. In many cases, this can be a very temporary period in which the person grows through it. However, some people find it difficult to overcome this difficult period.

How to maximize spousal support

When you are going through a divorce, one of your primary concerns will likely be whether you will be able to maintain the standard of living that you are accustomed to. This will be a particularly valid concern if you are not the primary earner in your family unit.

It is important in this situation to conduct thorough research so that you are prepared for the likely outcome of a California divorce. There are many things that you can do in order to maximize the spousal support that you could be awarded, so it is important that you understand the factors that can affect this.

Is there any reason not to ask for a prenuptial agreement?

If you want to create a prenuptial agreement before you get married, it is important that you spend an adequate amount of time understanding the full implications of what you are considering -- before you ask your intended spouse to sign one. Prenuptial agreements are not automatically successful, and they need to be written out in a way that's fair to both parties.

While it is likely that you are aware of the obvious benefits of a prenuptial agreement, it is important that you are also aware of the potential disadvantages of having one before you take action. Most people can benefit from a prenup. However, you can't really tell if you're among "most people" until you look at all the potential consequences.

Can my kid still attend private school after divorce?

Divorcing parents can have an especially difficult time in the courtroom because of potential disagreements on how to raise the child after separation. Parenting will not be the same after you two split, and conflicts will arise on what changes are necessary for your kid’s future.

One of the most hotly debated topics for a parental divorce court is the child’s education. If you were sending them to a private school prior to the divorce, your spouse may not think it’s the best option to keep them there. They may think that it is better to send them to a less expensive public school or try to get them to a facility closer to them. This is not an easy debate for any Californian parent to win, so you need to know what factors will influence the court’s decision on this topic.

Can I still get joint custody if I have a demanding job?

Many parents going through a divorce in California want joint custody so that they feel they have an equal part in raising their children. However, having joint custody can be very demanding on a parent's schedule and is likely to include frequent pick-ups and drop-offs to school and extra-curricular activities.

If you are a parent with a demanding work schedule, you may be unsure about how the child custody courts will assess your situation. It is important that you understand how the law applies to child custody issues in California and how you can work to overcome scheduling difficulties.

Getting the child support you deserve from a high-earning parent

If you have gone through a divorce as a parent in the state of California, it is likely that you now have a child custody order, and consequentially, a child support order in place. The child support order will have been made in order to ensure that both parents are contributing toward giving their child the best possible quality of life based on their incomes.

If you are the custodial parent and are currently receiving child support payments from the other parent, this payment will have been determined based upon the other parent's income at the time the order was made. If you believe that the other parent should be paying more, it is important that you take the time to understand how the law works in the state of California so that you know what you can do to improve your situation.

Why are high asset divorces so complex?

If you are going through a divorce as a high asset household, it is likely that the process of asset division will be notably more complex than the average divorce. The more there is to gain in a divorce, the more there is to lose, and this is why high asset divorces tend to be quite competitive. This does not need to be the case, however.

There are many reasons why high asset divorces tend to be more complex than average. By understanding the factors that complicate a divorce, you can take action now to organize your records and accounts, and plan ahead of time. The following are some of the key factors that you should be aware of.

Will my bonus count in alimony calculations?

If you are going through a divorce in the state of California, it is likely that you will need to pay your former spouse alimony for a certain amount of time after the divorce has been finalized. Alimony, otherwise known as spousal support, is generally counted based on each spouse's income.

If you are concerned about being subject to high alimony obligations in the state of California, it is important that you begin to research how the court process usually works. By doing so, you will be more prepared to argue your case and to get a fair result.

Dividing investment accounts during divorce: unrealized gains

If you are considering divorce, property division will likely be on your mind. Perhaps you have been married many years and have a large amount of assets tied up in retirement and investment accounts. When you and your spouse are reviewing and negotiating your respective share of the marital estate, you need to be aware of unrealized gains on stock in your shared investment portfolio.

Property division that looks equal or equitable on paper may not be when it comes time to file taxes. The type of asset matters, and not all property receives similar treatment in the eyes of the tax code.

What are the financial risks of a prenuptial agreement?

While they may not be the most romantic of declarations, prenuptial agreements are becoming gradually more socially acceptable in the United States. They can be beneficial for both parties, allowing for peace of mind in any eventuality. Additionally, they are beginning to be viewed as a way to prove that love is the real reason for the marriage, not material gain. From this perspective, prenuptial agreements may, in fact, be more romantic than they initially seem.

Another misguided perception of prenuptial agreements is that they are reserved for the rich and famous. This is simply not the case, and those with relatively modest assets can be set to benefit from a prenuptial agreement. If you are getting married in the state of California and you are concerned about the protection of your assets, it is important that you consider the different options available to you.

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Daprile-Bell Family Law Offices

Daprile-Bell Family Law Offices
1224 Lincoln Avenue
San Jose, CA 95125

Phone: 408-918-0920
Fax: 408-918-0925
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