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June 2017 Archives

Different ways of calculating the divorce rate

Some San Jose couples may have heard varying statistics about the risk of divorce. There are different ways of measuring divorce risk. For example, the crude annual divorce rate simply looks at the number for an entire population. It is about 3.6 per 1,000 people, and adjusted for age 15 and older, it goes up to 13 per 1,000. However, these numbers take the entire population into account, so it is not very revealing since it includes children and unmarried adults who are at no risk of divorce.

Shared parenting slowly becoming more popular

Although California courts are increasingly favoring joint physical custody when it comes to child custody disputes, there are still many cases where a court may give the mother sole custody. This may be in part due to antiquated gender roles. However, research shows that it is in the children's best interest to have both parents in their lives. As such, fathers should continue to fight to have an active role in raising their children.

When a sibling wants custody

There are a variety of reasons children might find themselves involved in a custody battle. One of these might be when an older sibling wants custody of a younger one. In California, there are particular rules related to this, and for the process to be successful, the adult sibling should be familiar with these laws and be prepared for the process.

Alimony must be in divorce documents to be deductible

A 2017 U.S. Tax Court ruling involving an estranged California couple held that any spousal support payments made from one spouse to the other as part of a divorce must be included in a divorce agreement in order to be tax deductible. In the case, a man found that he was not able to claim the bonus he split with his ex-wife on his taxes. He was not able to claim it because it had not been documented in the divorce papers.

How to resolve child support matters amicably

California couples whose marriages are ending and who have minor children often come to a child support agreement on their own. They may also come to an agreement by using alternate dispute resolution methods. If neither of those options are effective, a court may determine how much financial support a parent must provide to a child. However, when parents are able to come to an agreement on their own, it may still need to be approved by a judge.

Options for reaching an agreement about child support

When San Jose parents of young children get a divorce, one will likely be obligated to pay child support to the other. However, this decision is not necessarily one that is made by a judge. Parents might enter informal negotiations with the help of their attorneys to reach an agreement about child support. In some cases, parents might actively participate in this negotiation while in other cases their attorneys might take the lead.

Divorce and finances: how to prepare

For California couples who are ending their marriage, property division negotiations can become complicated, and when one or both parties are unsure of what their financial situation will look like after the divorce, they can become crucial. There are ways for people to prepare for this before the process begins, however.

A novel arrangement for co-parenting

California parents who are beginning the separation and divorce process know that one of the most complicated aspects of the situation is how to provide their children with stability during a time of great upheaval. One method that is generating interest is the concept of nesting.

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