Something that you didn’t expect, though, was to find out that your ex-spouse had not mentioned that she got engaged. She didn’t tell you that she had moved in with her partner or that there was wedding date set. In your mind, these things should have ended the support requirement, because she was no longer living alone.
You can seek a spousal support modification
If you find out that your ex-spouse no longer needs support or is not making a good effort toward being self-supporting, then it’s worth having a conversation with your attorney about modifying your support order. You cannot stop paying without a post-judgment modification, so you need to seek one.
If you you plan to seek a post-judgment modification, you need to do so as soon as possible. These orders are not retroactive, so they will only change on the date of the judge’s approval.
Your attorney will help you put together your modification request and appeal to the court to have your spousal support payments stopped or reduced based on the new circumstances. You should supply supporting documents, such as a declaration of your income or a declaration to explain why you’re seeking the modification.
Our website has information on seeking a post-judgment support modification and how doing so can help you reduce or eliminate the spousal support you’ve been paying.
]]>You still want to try to move, though, because the job opportunities in that area are better for you. You have family there, and you’d have more support. Your ex-spouse isn’t keen on having your children travel so far, even though the move could be beneficial.
Can you move after a divorce when you have children?
Yes, you absolutely can move, but whether or not you can move with your children is another matter. You will need to ask permission to move with your children, as the custody agreement that you have in place would likely need to be modified. Additionally, a major move can cause distress for children, so a judge will want to know that the move is necessary and beneficial in the long-term.
The notice you have to give for moving depends on a few factors, such as how far away you’re moving, how the custody arrangements would be affected and the custody schedule you’d like to have in the future. If you want to try to take your children with you, then your ex-spouse may need to agree. If they don’t, then you will have to present your case to a judge to determine if your move has merit. That can be a difficult task, which is why many people who intend to move following a divorce work with attorneys to get clearance to take their children with them.
]]>There are some tips you can follow to start this process and to move forward. Here are some ideas for you and your spouse to consider.
How do you start dividing your marital assets?
You want to determine which of your assets are separate before you begin dividing your marital assets. Once you do that, you can list out all of your marital assets.
Compare your list of assets to the list that your spouse creates. They should, ideally, be identical. If they are not, you should discuss why certain items are missing and if there is confusion about which assets are subject to division.
After you work out which assets you would like to split, you should remember that California does require a 50-50 split. However, if you and your spouse decide on a different way to divide your assets, that can be acceptable as well. For example, if you have two residences, one that is worth $200,000 and another worth $250,000, you may each decide to keep one home and split all other property equally if you wish. It’s up to you to decide how you want to divide your property, but the law does provide for each of you to receive approximately 50% of the value of your marital assets.
Your attorney can help you negotiate if you’re finding it hard to work with your spouse on your property division agreement. You may want support if you cannot communicate well or if your negotiations have come to a standstill over a dispute.
]]>Child support is one item that is often modified following a divorce. For example, if you are paying child support and get a large raise, you may be able to pay more. Your ex-spouse may ask you to increase what you pay, or they could petition the court for a change because of the difference in your circumstances.
Similarly, if you are suddenly without work, you might want to ask for a reduction in what you need to pay and may ask to modify your decree to reflect those changes.
Why is it important to have the court sign off on any agreements you make with the other parent?
It is important because not getting the court’s approval means that you could be on the hook to pay everything you owe if the other parent takes you to court. An agreement made outside court isn’t likely to stand compared to the actual divorce decree and support order.
Most of the time, modifications can be settled without having to go to a trial or hearing. If you and the other parent cannot agree, then there is a potential that you will need to pursue support from the court system, however. Your attorney will be there to help if you do need to modify your support payment in court.
]]>You have photographs and other proof of what happened to end your marriage, but is that really going to affect your case in California? Sadly, the answer is, “probably not.”
California is a no-fault state
To start with, you should remember that California is a no-fault state. That means that the judge will not consider faults when deciding how to divide property or handle other divorce issues. That doesn’t necessarily mean that adultery won’t affect the case, but the cheating itself can’t factor into the judge’s decisions.
On the other hand, the actions of your spouse while cheating could have a negative impact for them. For example, if they spent down your savings account to nothing by doting on another partner, they may end up having to reimburse the estate for those lost funds.
Adultery is not likely to affect child custody, spousal support or other factors, unless it has some kind of severe impact like exposing a child to abuse or your spouse moves in with a partner before being awarded spousal support.
Every case is different, so it’s impossible to say that an affair wouldn’t affect your case at all. However, an affair alone isn’t likely to have a significant impact without other negative factors caused by it, like spending marital funds, taken into consideration. If you would rather not bring up the cheating during your divorce, you may want to consider filing an uncontested divorce instead.
]]>How can you cope with such a frustrating situation with your ex-spouse when your children are involved? It starts with understanding how to communicate better.
To start with, you should set boundaries about communication. You should have set times to communicate, set methods of communication and other rules in place. If you have trouble with arguments and conflicts, you may want to ask for court-monitored communications, which may reduce the likelihood of harassing or aggressive comments.
A custody plan is essential
Another step to take is to have a quality, detailed custody arrangement put into place. You should have every detail you can think of written out, including who is going to pay for medical costs, who picks up or drops off your children and other information that factors into your agreement.
Finally, know that arguing with someone who is narcissistic won’t help you resolve conflicts. Instead, stay calm and collected. Do what is in the best interests of your children, and if a conflict gets out of hand, you can pursue action through the court when necessary.
Our website has more information on coparenting after you divorce. It isn’t always going to be easy to coparent, but if you put your children first, then you can be happy with the steps you’re taking to promote a conflict-free relationship.
]]>Fortunately, you can help yourself achieve these and other goals you may have for your marriage dissolution case. However, it is important to keep in mind that what you may think would be beneficial to you could prove detrimental.
Approaching your case confidently
You undoubtedly want to approach your case with confidence, and one of the best ways to do that is to gain as much information as possible. Gaining reliable information about your divorce options in California, what the process will entail, your rights, and other legal information could prove invaluable. However, it is also important that you assess your personal affairs as well. Know what you want before the case begins and what details you feel willing to compromise on.
Additionally, you may want to take a logical approach to your situation. Even if your marriage dissolved into an unhappy and possibly unhealthy relationship, trying to seek revenge through the court system will likely not work in your favor. Instead, you may want to focus on your needs and how you can work toward coming out of your case with an agreeable divorce order.
Avoid questionable tactics
One of your biggest goals may relate to remaining financially secure and trying to maintain ownership over certain assets. However, it is important that you do not try to hide any assets from your spouse or the court. In the event that someone discovers hidden assets, you could face serious penalties. You may also want to obtain professional valuations of expensive items to ensure that you know their true value in case your spouse tries the questionable tactic of downplaying an asset’s worth.
Of course, when it comes to reaching goals, the journey is almost always easier with help. As a result, you may want to contact an experienced divorce attorney who can help you determine what actions could allow you to best work toward your desired outcomes. Plus, your legal counsel can provide you with reliable and applicable legal insight into your case.
]]>The issue with an emotional affair is that the married individual begins to turn to that affair partner for support. They might be unhappy in their marriage, so they don’t want to bring issues to their spouse. While some people might think that this is just normal, it is a huge deal for some married individuals.
One of the issues that comes up in an emotional affair is that it can easily turn sexual. Having the chemistry and connection are often very strong. While it is possible that some marriages can survive an emotional affair if the person gives up that partner, others won’t last.
In some instances, particularly for women, learning that their spouse had an emotional affair is more disheartening than a physical affair. They liken the emotional connection to love more than what they do physical attraction.
It’s imperative that anyone who’s dealing with an emotional affair carefully consider what’s going to happen to their marriage. If you know that the marriage is over because it was irreparably damaged, you need to take steps to protect yourself during the divorce. It’s unlikely that the affair will have much impact on what happens but you should do what you can to ensure that you walk away with the settlement you deserve.
]]>When you can’t meet the terms of your agreement, it’s important to seek a modification instead of making your own arrangements.
When might you need to go to court to make a post-judgment modification?
Some common reasons to seek a modification include:
You should know that the courts see requests for modifications quite often, so it’s not unusual to request one.
Why can’t you change your schedule without seeking a modification?
You can, but it’s not a good idea. When you change a schedule without legal approval, you are leaving it open to each person’s interpretation and may not have a schedule that is set in stone. If you have a schedule that is approved by the court and the other parent doesn’t stick to it, the court can help you enforce it.
If you’re concerned about your child’s schedule, your attorney can talk to you about seeing a post-judgment modification. While you don’t want to seek modifications too often, now may be a good time to get one if your situation has changed.
]]>Take, for example, a stay-at-home parent who has been home for two years with their children after spending many years supporting their spouse while they were in school. That person may want to seek even more of the shared assets since they were the one who worked hard and paid for their spouse’s education in hopes of having a better financial future.
There is also the kind of situation where one person never works or contributes but hopes to take half of all the shared property. They may even try to have a short-term marriage to get as much as they can in the separation. That’s unfair, and it’s something worth being addressed.
Should you take your case to court or settle the separation of your property outside court?
If you can, it is usually a better idea to separate your property outside court. You can negotiate with one another and take steps to make sure you’re getting a fair amount of your marital assets, not just an equal share.
On top of that, dividing assets outside the courtroom gives you more flexibility. You and your spouse may be able to come up with solutions that a judge wouldn’t. That’s something to discuss with your attorney if you’re considering negotiating and settling before going to trial.
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