Redwood City Family Law Blog

It's 2019, and nearly 40% of married women earn more than their husbands do, according to the U.S. Bureau of Labor Statistics. Unfortunately, research shows that this financial situation puts a strain on many heterosexual marriages and pushes some couples in California and elsewhere to file for divorce.

A 2016 study by a Harvard University professor found that straight couples are 33% more likely to divorce if the husband doesn't have a full-time job. Meanwhile, a 2017 Pew Research Center report found that men continue to be the primary breadwinners in around two-thirds of marriages. Further, approximately 40% of Americans think it's very important for men to earn income for their children while only 25% think it's very important for women to bring in money to support their kids. Pew researchers also found that 75% of Americans believe raising children is harder now that more women have found employment outside the home.

Actions such as stonewalling, avoiding conflict or invalidating a partner's feelings can often lead to divorce, according to relationship experts. However, many spouses in California do not realize that they are engaging in these behaviors that could destroy a marriage.

Stonewalling happens when one partner refuses to discuss an issue. It might be because the person is overwhelmed with emotion, but the longterm effect remains harmful. Conflict avoidance could seem like a positive thing, but it means couples will never work out their differences. Invalidating a partner's feelings can refer to a series of small but consistent comments, such as contradicting a partner who feels the temperature is too warm or too cold. All of these are problems that can breed resentment and harm a relationship.

If California fathers obtained a divorce in the 20th century and sought to share child custody after their divorce, it is highly likely that they were disappointed. During that time, the family courts tended to side with mothers and would award them full child custody. However, during the last 30 years, there has been a significant change in how family courts are handling child custody: They have been increasingly pushing for mutual agreements that favor shared custody.

One of the two types of child custody is legal custody, which gives parents complete autonomy regarding the decisions made about their children's religion, healthcare, education and any other part of their general well-being. The other type of child custody is residential or physical custody, which is primarily refers to where the children reside at night.

A California resident who has won the family home in a divorce settlement may be considering their options when it comes to handling the mortgage. Common options include both spouses continuing to pay on a joint mortgage, one spouse refinancing the mortgage in their name or one spouse assuming the loan. The first two options are pretty straightforward. However, when it comes to the third option, a lot of misconceptions need to cleared up prior to proceeding.

When a spouse assumes a loan, they are basically removing the other spouse from the loan and naming themselves as the only borrower. They're doing this without needing to refinance the existing loan. There are some potential benefits to doing this. For example, the joint loan may have favorable terms, such as a low interest rate. Assuming a loan allows an individual to maintain those favorable rates. In some instances, a spouse can assume a loan for less than $1,000 in fees.