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Oakland CA Divorce Law Blog

Divorce rate for older adults on the rise

Young California couples who marry may be less likely to divorce than their older counterparts, but experts say it is still too soon to tell. Baby boomers have kept the divorce rate high. In fact, people over 65 are now getting divorced at three times the rate they did in 1990. Among people 55 to 64, the rate has more than doubled. The overall divorce rate is down, but due to the high rate of baby boomer divorces, just over 50 percent of marriages still end in divorce.

Millennials are marrying later or not marrying at all, and this might contribute to fewer potential divorces in this age group. People are also less likely to remarry, and this may also drive the divorce rate down since second marriages are more likely to end in divorce. However, the median length of first marriages is 12 years, and many of those millennial marriages may not have reached this point yet.

4 Tips for avoiding publicity during a divorce

The very public divorces of celebrities are popular material for gossip websites and magazines. But they are still very real and emotionally complicated events for those involved. Known in the legal world as "high asset divorces," these situations can easily spin out of control, leaving the divorced couple scrambling for help.

Custody battle ahead for reality show stars

California fans of the TV show "Southern Charm" may have followed the relationship of co-stars Thomas Ravenel and Kathryn Dennis. They have a 2-year-old and a 7-month-old, and Ravenel has filed a suit against Dennis for custody and visitation rights.

Dennis claims that Ravenel has not contacted her or seen the children in months and has offered her no support. However, Ravenel has countered those claims. He has accused Dennis of blocking his access to the children. He also says that he pays her rent of $3,100 per month and that her six-figure salary means that she is not having financial problems.

Are the kids going to be ok?

When undergoing the divorce process, parents often feel anxious about potential long-term effects on their children. They may think of adults they know who come from so-called "broken" homes, who are now all grown up and resentful about their own parents' divorces. It's natural to be anxious about the long-term effects of divorce on children. But if you fear that your anxiety has spun out of control, know that recent research tells us the kids will be alright.

Child support and private school education

Divorced parents who believe that a private school education will help their children achieve their highest potential may be interested in knowing how the ourts might consider allocation of child support payments for this purpose. Child support that is targeted specifically as payment for private school tuition is usually ordered as a supplement to basic support. In California, basic child support is calculated in accordance with guidelines that have been established by the state.

When parents divorce, the non-custodial parent is almost always ordered to pay basic child support. A court might order the non-custodial parent to pay or contribute to tuition payments in the event that the parents had agreed while they were married to send the children to private school, the children have been attending private school for a period of time, and then the non-custodial parent raised objections to the decision only when asked to provide support for the continuation of the children's education.

Defining virtual visitation and how it works

Virtual visitation could be changing how California children communicate with their parents following a divorce. This type of visitation involves the parties using email, instant messaging, photo-sharing sites, social media sites, video conferencing or mail, and other technology to interact with each other. The forms of technology that they use are usually part of the child custody or visitation order.

The noncustodial parent is generally the one who requests virtual visitation when the custodial parent plans to relocate the child, which would interfere with the noncustodial parent's visitation rights. However, unmarried parents might also request a virtual visitation order when they want to make changes to a child custody agreement or want to be more involved in their children's lives.

California court expected to deny Ciara sole custody

The breakup between Ciara and Future has resulted in a custody battle and a defamation lawsuit against Future. Celebrity news outlet TMZ reported that a California judge will likely assign joint legal custody to both parents.

When Ciara initially asked for sole custody of their son, who turned 2 years old in May, she allegedly told the court that Future showed little interest in being a father. She claimed that he was largely absent from the boy's life. Sources close to the family reported that she made additional negative remarks about the father in court.

Problems that arise around child custody

California parents who are divorcing should keep the well-being of their children in mind. As they work out custody and visitation, a number of problems can arise. One is that parents may struggle to set aside conflicts. Unfortunately, not being able to work with the other parent can result in an inability to establish a functional coparenting relationship. One parent may begin to ignore custody, visitation and support agreements, and it might be necessary to return to court.

Another issue is that one parent may let the other child down by not turning up for visitation. This can be confusing and upsetting for children because consistency is important to them in a time of such turmoil. Parents need to balance the demands of their own schedules with time for their children.

Costs of divorce can quickly add up

California couples who have been through one know divorces aren't cheap. Not only are the emotional costs high, but so are the financial costs. The average divorce can cost $15,000 to $20,000 in legal and other professional costs alone, and when it is bitterly contested it can cost quite a bit more.

When they're contemplating a divorce, many people do not consider the costs of starting over, of setting up a new household. Those who are moving out of their family homes may be able to negotiate a property division that includes some furnishings and household goods. If not, they are going to have to buy it to set up their new household. Buying everything at once is a lot more expensive than buying a few things at a time over the life of a marriage. Plus, a divorced person will need money for other costs, such as mortgage payments or rent and child care.

What to know about the divorce process

The end of a marriage can be a source of both emotional and financial stress for many California couples. One of the first steps to take is filling out an asset inventory sheet. This will help each side get a full picture of what assets the couple has and how much they are worth. Getting on the same page regarding assets and valuations may lead to a timelier resolution of the divorce itself.

Completing the divorce process as quickly as possible can save money and possibly preserve relationships. If a couple had a primary residence, it may be worthwhile to sell that property immediately following the divorce. An alternate solution is to have just one person on the mortgage, ideally the person who is living in the home. This ensures that the resident doesn't experience negative consequences if the other fails to make mortgage payments.