The Koblin Family Law Center

Pleasanton Family Law Blog

Virtual visitation: When you can't be there in person

Any separation from your children after a divorce may be difficult on you and your children. You and your former spouse may have decided to co-parent, but that does not mean that you will get to see the children in person as often as you would like.

Fortunately, we live in a time when technology brings people closer together and makes the world seem smaller. Virtual visitation is becoming a real thing, and you may want to negotiate it into your parenting plan.

If your assets go up in value, you may appreciate a lawyer's help

Everyone hopes that the assets he or she possesses will increase in value over time. Whether it's real estate, art, collectables, a business venture or stock portfolio, everyone hopes to see a return on his or her investment. In this way, one can hope to increase one's net worth and enjoy the fruits of wise and/or fortunate acquisitions.

If you're going through a divorce, suddenly those increased values can become an incredibly important aspect of the proceedings. You may be wondering who will get to keep the assets and what role an increased value might play in determining the division of assets. Property division in California is an iceberg of which most people only see the tip. Here is a look that probes a little further below the surface.

Can divorce mediation help with addressing disputes?

Divorce can be tough even in the most amicable of situations. This is especially the case when there is a lot on the line in the way of assets and property. Fortunately, mediation for divorcing couples can be a helpful solution for addressing divorce disputes in the state of California.

Can I Afford To Leave Him?

You may have felt like your marriage has been over for quite some time, but there's one thing stopping you from making the move: you don't think you can afford to make it on your own.

If there are kids involved, the financial woes seem even worse. Not only are you worried about the financial impact ten years down the road, but what about the time between today and a finalized divorce?

Using a prenup to protect assets after marriage

As Californians who are contemplating marriage may know, practical considerations might come into play before the nuptials are legalized. This may include deciding if a prenuptial agreement might be a good idea.

Because California is a community property state, all property accrued during a marriage is subject to division in divorce proceedings. However, the issue might become complicated in regards to what constitutes separate property and other factors that can influence how much each partner can keep. Having a prenuptial agreement in place may help avoid such complications.

Concerns for retirement-age divorcees

California couples may be surprised to learn that the rate of divorce for individuals between the age of 50 and 64 doubled from 1990 to 2014. Perhaps even more alarming is that the divorce rate tripled for people older than 65 during the same time period. Many of these older divorcees are facing challenges regarding their retirements.

Despite who a retirement account belongs to, each spouse could be entitled to half the account if it was acquired during a marriage. One should make sure to change the beneficiaries for accounts if a former spouse is listed.

Helping children through a divorce

When parents end their marriage, many changes are ahead for their kids whether the process is contentious or not. Children often feel insecure and afraid during a divorce, but it is possible for estranged California couples to make dissolving a marriage easier on their offspring.

Divorce brings change but does not have to be traumatic when communicating and focusing on a child's needs. Parents should start planning for how to talk to their kids before the divorce process begins so that they have time to prepare them for future events. One of the biggest fears children face is not having both their parents around, which means that parents should attempt to make getting along a priority. This involves interacting with each other in front of the kids without arguing or creating a tense environment.

Moving after a divorce

It's not unusual for people in California or anywhere else in the United States to decide to move to another state. However, such moves have actually become less common over the past 50 years. This change in behavior has bewildered academics who simply can't understand why modern adults are less likely to move. Some researchers now believe that they have an answer: divorce and child custody agreements.

When couples divorce, they almost always end up moving into separate homes. Some may even desire to put a fair amount of space between themselves and their former spouses. Couples who have children, however, often remain connected to each other through their offspring. Parents, mental health professionals and courts all agree that in most cases, it is essential for children to have a relationship with both parents.

How gender roles impact marriage in California

On average, women do about 70 percent of the household chores. However, research indicates that women who decide to dedicate more time to their careers are no more likely than other women to get a divorce. However, research shows that if a man does not work outside the house, it may put more strain on a marriage. It is believed that this may be because men are generally not unemployed by choice.

Furthermore, it is acknowledged that research should be done into households where a couple decided the woman would be the breadwinner. In addition to retaining their traditional role as the main money maker of the household, men are also expected to do more around the house than they were in previous decades.

The importance of divorce settlement agreements

Some divorcees in California develop amicable and productive relationships with their former spouses. Unfortunately, many others eventually find themselves back in court arguing matters that should have been put to rest by their divorce agreements. When divorced couples become involved in legal disputes, judges make their decisions based on an interpretation of the divorce settlement agreement in place rather than the specifics of the issue at hand.

Divorce settlement agreements are legally binding contracts that are designed to protect the rights of both spouses. Disputes over divorce agreements are treated by the courts in the same way that contract disputes are handled. Judges tend to concern themselves with the specific language of the documents involved and the obligations of those who signed them rather than notions of fairness, foreseeability or intent.

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  • “Kennedy helped me with my legal issue and was just amazing throughout the whole process. He was always available to explain everything to me and really put my mind at ease. I am not an easy person to work with and Kennedy really helped me calm down and guided me through my issue. I could not have obtained the result I did without Kennedy's expert assistance. His command of the law is truly impressive. —” Jeff
  • "Even though Kennedy looks like a 17 year old, he is impressive in his knowledge of law, his intuition of the case and his strategies for settlement. He seems equally capable and comfortable in the courtroom or at the settlement table. He helped me weigh the facts, consider the emotions and evaluate the cost of my case. He leans toward the collaborative style of divorce and I believe wants the best for his clients. In partnership with Cristin Lowe, they make an impressive team. — "William
  • “Kennedy also helped me relax as much as possible. The emotional cost in such cases is extremely high. Kennedy would help manage this and understood the struggle I faced. He acted with great professionalism and with compassion to help me work through the case...” Robert

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5700 Stoneridge Mall Road Suite 230 Pleasanton, CA 94588

The Koblin Family Law Center
5700 Stoneridge Mall Road, Suite 230
Pleasanton, CA 94588

Phone: 925-298-2961
Fax: 925-203-9797
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