Westlake Village Legal Blog

When marriages break down and end in divorce, it's common for the split to be adversarial. Many California divorces are framed as a debate between who 'won" and 'lost" the division of property. But when a divorce devolves into a battle, more often than not both sides lose. However, it is possible to prevent a divorce turning into a war by working together. Here are a few tips that can help.

First, consider the history of your marriage. The things that lead to conflict during your marriage may also cause issues during your divorce. You may be able to avoid conflicts by navigating sensitive issues carefully.

The College Board reports that costs for college go up at least 3 percent every year. Despite these rising costs, most couples do not have a financial plan in case one dies or the two get divorced. California parents generally cannot be required to pay for a child's college education after divorce, but it may be an issue parents wish to address in the divorce agreement.

Maintaining two households can create a significant financial strain that makes it difficult to continue saving for college. Spousal and child support payments must be prioritized over paying for college, but parents may already have a 529 plan at the time of the divorce. There are no taxes on funds withdrawn from a 529 plan that go toward education, so it can be an excellent option for college savings. However, since it is usually owned by one parent and the owner can change the beneficiary or owner, parents may want to address its use in the divorce agreement. They could also split the 529 plan, or each could be given the ability to monitor it.

Couples tying the knot in California generally have a mutual desire to stick by one another no matter what life together brings. However, when serious health-related issues affect women, research suggests that their marriages may be more likely to come to an end. Multiple clinical studies have found that women diagnosed with cancer are at a higher risk for divorce than men with cancer. Results from another study show that women with stroke and heart problems are also more likely to see their marriages end than men with similar conditions.

As for why men tend to be more likely to seek out a family law attorney to discuss divorce than women when a spouse is ill, one theory is that women typically provide more support and care for their significant others. When a wife is no longer able to provide such benefits, some men prefer to walk away from a marriage. Also, women are more likely to have a wider support circle of friends and family members than men, who often rely on their wives to fill this role.

Fathers in California who want to take an active role in their children's lives may sometimes need to file a petition in state court to assert their visitation rights or fight for primary custody. Courts are increasingly recognizing the important role that fathers play in their children's lives.

Many children end up living primarily with their mothers, but there is a lot that fathers can do to protect their rights and have a better chance of getting more parenting time with their children. One thing that parents should keep in mind is the amount of time that they can actually spend with their children. If another relative would need to spend time watching a child during an allotted visitation time, it might be best to consider allowing the child to spend time with the other parent instead.