The New Year is bringing some good news to California pet owners going through a divorce by giving them a legal leg to stand on when disputing the pet's ownership in court. Previously, pets had been treated like property in divorce cases, similar to vehicles, and orders had been given to sell pets and divvy up the proceeds between the divorcing couple. But as pet owners very well know, pets are not like property-they are more like children and divorce is stressful for them as well.
While couples usually wait until the end of holiday season in January to file for divorce, allowing families spend the festive season together, new laws have pushed couples to hurry to file for divorce before the end of 2018. California residents might be aware that the Tax Cuts and Jobs Act change the way payments between ex-partners are taxed.
Home is where the heart is, which is why it is often a major sticking point when it comes to property division in a divorce. Spouses in California may both want to keep the family home post-divorce, or perhaps neither wants it. What is important is that spouses understand all their legal options when it comes to dividing the marital home in a divorce, so they can make informed decisions that are in their best interests.
No couple saying their wedding vows anticipates that their marriage might not last. After all, they are pledging to stay together, "'til death do us part." However, the reality is that many couples in San Mateo will find that as the years go by, their relationship is no longer tenable, and they are best-off getting a divorce.
Unlike child support, there is no statutory formula for calculating spousal support. When a judge is issuing a final order for spousal support, under California Family Code, Section 4320, he or she may take the following factors into account.
Home may be where the heart is, but when a couple divorces, the home is not just a place with sentimental value -- it is often one of the couple's most financially valuable marital assets. Some spouses in California may be eager to leave what was a place filled with unhappy memories, while other spouses may be itching to stay established in the home they have been in for years, especially if they have custody of the children. However, there are important things to consider when it comes to the family home and divorce.
When a couple in California is planning to marry, they may envision sharing not just their lives, but also their property. Perhaps one party owns the house that they both will live in. Or, perhaps they will open a joint bank account, in which both their paychecks will be deposited. When a couple shares their financial lives, however, discord can occur that might lead to divorce and the subsequent division of assets. Couples can plan for this possibility by executing a prenuptial agreement before marrying.
Even the best of parents in California may find that, after years of being married, they are best off ending their union. When parents in California divorce, it is only natural that they both want to spend as much time with their child as possible. However, sometimes it is in a child's best interests to live primarily with one parent. When a child spends less than 50 percent of their time with a parent, that parent will have visitation rights. In general, there are three types of visitation that could be ordered.
When it comes to dividing property in a divorce, there is a lot at stake. Couples in California will have to make decisions that could affect them for many years to come, such as what to do with the family home or how to divide retirement accounts. So, it pays to have an understanding of how California law addresses the issue of property division.
It is a tough reality to face. With the rate close to 50 percent, married couples are aware that divorce is a possibility. When it becomes clear that ending the relationship is best for them, this may seem like it will be a cooperative process, as the couple has agreed to initiate the divorce process. Unfortunately, this is not always the case. The divorce process has the tendency to stir up emotions, making it impossible to be optimistic and keep a smile on your face.