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Nelson | Kirkman Lawyers Formerly Paul J Nelson and Associates
Providing divorce and family law representation to Newport Beach and the surrounding area

Newport Beach Family Law Blog

What should business owners do when their spouse files a divorce?

If you rely on the income that you get paid from running your own company, then you may be concerned about what will happen with perhaps your biggest asset when you go to settle your divorce.

In a situation such as this, it's ideal if you started the company before you met your ex, have a partnership agreement in place restricting ownership, or you were smart enough to get a pre- or postnup when you got married. If this happened, then you may be better off than others. If none of these factors are at play, you may have to prepare yourself for either sharing or selling your business.

When may child support or custody modifications be granted?

If you divorce when your children are young, then it's likely that circumstances may change over the years that may necessitate you seeking a modification of a divorce settlement.

The cost of living may increase, thus making it where you need more in child support in order to adequately raise your kids. You or your ex may become ill or disabled and be unable to care for your children as the primary custodian. Or, your kids may become involved in extracurricular activities that makes the visitation schedule that you have been following unworkable.

Could mediation alleviate the strain of divorce on children?

One of the most upsetting things about the process of divorce is often the impact it has on the minor children of the family. Children can experience a host of negative social and emotional consequences from a divorce. From the strain of seeing both parents unhappy to the anger and fear associated with the loss of a parent, divorce takes a toll on children and teens of all ages.

Chances are that one of the few things you and your spouse agree on is that you don't want your children to end up damaged because of the divorce. Even if you don't currently agree on the terms of your divorce, you may want to consider mediation. Mediation can do more than help you find an agreeable way to split your assets. It can also help you shield your children from the potentially devastating process of obtaining a divorce through the courts.

How parenting time may be interfered with

Parenting time refers a time frame in which a child's two parents agree to allow the child to spend time with the other, non-custodial parent. This is typically done in accordance with a parenting or visitation schedule. When a parent fails to adhere to this schedule, it may be referred to as either direct or indirect interference.

A parent may be deemed to have directly interfered with their child's parenting time if they neglect to facilitate transfer of the child to the other parent for the purpose of visitation. If a parent withholds the child, refuses to share him or her, travels or relocates with him or her without the necessary court order being in place, then he or she may be found to have directly interfered with parenting time.

How travel is handled in California child custody cases

Couples who collaborate in drafting a custody agreement generally only need to consult it to find out what they've agreed to do when they wish to take their child on vacation. In more contentious cases, parents may struggle to agree on virtually everything. In divorces like that, the couple may need to have a judge step in and render a decision as to whether vacation plans can move forward or not.

If a judge is asked to render a decision about vacations in a custody case, it's likely he or she will restrict the child's parents from traveling outside of a general geographic area. Most often travel cannot occur outside of the state or the court's jurisdiction.

How often men do request spousal support of their ex-wives?

The rate of men requesting spousal support of their wives is reportedly on the increase across the United States. It's believed that much of the increase has to do with more women becoming high wage earning breadwinners in the past few years.

Some of the most recent data compiled in 2010 by the U.S. Census Bureau shows that over 400,000 Americans received spousal support that year. A mere 3 percent of those who reported receiving alimony were men.

When child support can be permanently versus temporarily modified

When a child support order is first issued, it may seem like something you're able to budget for it. Over time though, circumstances may change, making it difficult you to afford the same amount that was originally ordered. You'll be happy to know that, in certain situations, you can petition a judge to reduce the child support that you're required to pay.

Although it's ideal if both you and your ex can negotiate a support modification between yourselves without a judge having to render a decision him or herself, it's not always possible to do so. Regardless of whether you and your ex can reach an agreement or you need to have a judge decide that for you, either way, you'll be required to attend a hearing in the matter.

Do you need the help of a forensic accountant during divorce?

In most divorces, the two most difficult areas to resolve are child custody and asset division. The more marital assets a couple has accrued over the years, the more difficult it can become to fairly divide those assets. Certain assets may prove more difficult to locate or place a value on, while confusion about marital versus separate property could result in incomplete asset inventories going to the courts.

If you have any reason to think that your spouse may have hidden assets in the weeks or months leading up to your divorce filing, you need to protect yourself. Hiding assets in an attempt to prevent splitting them with a spouse is a very common practice. Due to their nature, it can be quite difficult to track down hidden assets. For many, working with a forensic accountant is the best option when there's potential for hidden assets in a divorce.

Benefits of accepting certain assets over others when you divorce

When your marriage starts to crumble, it's normal to be concerned about what's going to become of your assets once you divorce. This is especially the case if you run a successful business, are nearing retirement or have some other types of valuable assets.

One mistake divorcing spouses make, though, is assuming that all marital property is worth what its face value is. If spouses go with what its value on paper is, they're likely to later feel less confident that they received an equal split of the marital assets.

Cases in which supervised visitation is ordered in California

When a judge makes decisions about custody, he or she is supposed to do so with the best interests of the child in mind. Studies have long shown that having both parents present in their children's lives is ideal for their development. As a result, a judge will often find a way to ensure that both parents have an opportunity to be involved in raising their child.

If there are any lingering concerns about the ability of a mom or dad to parent, then a judge will order that visitation be supervised.

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