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Vista California Family Law Blog

Victoria Azarenka will miss the U.S. Open during custody dispute

Imagine being unable to leave the state during a custody battle. For most people, it wouldn't matter, but what if your job required you to travel? That's the problem in Victoria Azarenka's situation. She'll have to miss the U.S. Open as a result of the ongoing custody battle between her and her ex-boyfriend.

The man filed documents in Los Angeles seeking custody. Azarenka lives there, and she has been told she is unable to leave the state of California with her infant son, an 8-month-old child, as long as this dispute is ongoing. The case isn't expected to end until October, so she has decided to opt out of the U.S. Open instead of leaving her child with her ex-boyfriend.

Which state has jurisdiction in a military divorce?

You've been with your spouse for several years, but the strain of being in the military, moving and trying to start a family has proven to be too much. You've drifted apart, and you believe it's a good idea to part ways.

A military divorce has its own set of challenges. There are special requirements and rules that you'll need to follow.

A parenting agreement can help with child custody disputes

Even if you and your ex-spouse have the best intentions, there are times when a child custody case makes its way to court.

However, before this happens, you should take the time to learn more about your other options. For example, you may be able to work through your differences through mediation and the creation of a parenting agreement.

A dissolution is an easy divorce for some parties

You and your spouse have lived together for a while, but you never really obtained assets or decided to start a family. Something just never felt right, and now, you know you want to get a divorce.

If you want to get divorced and have a simple case, you may be able to get a summary dissolution. This is an easy way to get a divorce. Most people won't qualify for this type of divorce, but if you do, it's a faster, simpler method to do so.

Here's when you can get military divorce benefits

A divorce is always difficult, whether you're in the military or are a civilian. One of the things you may be concerned about is whether or not you qualify for continued military benefits.

If you get a divorce from your spouse who is in the military, your right to military benefits is determined by the 20/20/20 rule. This rule states that you will not have military divorce benefits unless you have been married for at least 20 years. In addition to that, your spouse should have been in the military for at least 20 years at the time of the divorce and your marriage should overlap that military time by the same number of years.

Your job can raise the risk of a divorce

If you knew that your job could potentially lead you to divorce, would you change fields? It's an interesting question that often can't be answered, because people are already set in their careers. However, a study has been able to highlight the fields most likely to result in divorce for those under 30 years old.

Divorce rates are fairly high in the United States, and part of the reason can be due to the jobs couples work. For example, first-line enlisted military supervisors who are 30 or younger have a 30 percent chance of divorce. That's high enough to make being in the military the greatest job-related factor in divorces.

Are legal and physical custody different?

There are two types of child custody recognized in California. The first is legal custody. This allows you to make decisions on your child's behalf. For example, you can decide where your child goes to school or where he or she goes to the doctor.

If you have physical custody, then that means that you are the parent your child lives with. You can have both legal and physical custody. You may share legal custody with the other parent in a joint custody arrangement, or you may have sole physical custody.

If you fear for your life, you need a protective order

There are many times in life where things don't go as planned. If your marriage is one of those things, then you may be leaning toward a divorce. If you're concerned that telling your spouse you want a divorce may turn violent, you should learn more about a protective order.

A protective order is a court order that bans one person from coming into contact with the other. These orders, also called restraining orders, can protect you, your children and your family members while you go through a divorce.

Debts and divorce: You could still be liable despite court orders

When you're going through a divorce, you may already be focused on the assets you want to obtain. One thing you should not overlook is the amount of debt you could be left with. If you share debts with your spouse, it's in your best interest to find a way to reduce what you owe, so you can walk away from your divorce without debts to pay.

One thing you need to know is that you can make an agreement during your divorce that isn't recognized by a loan agent. To make something legal, you'll need to contact the lender to make sure you file the correct paperwork to have your divorce, and your removal from liability, recognized.

What can you do for a better division of your marital property?

It's always hard to decide that you want a divorce, and the realization of everything you need to do to finalize it can be overwhelming. Your attorney is there to help you through your divorce, but there are also some things you should know about protecting your assets.

One of the things you need to think about is how quickly you want to resolve your divorce. Some people will do anything it takes to get out of the situation quickly, but that can be costly in the long term. It's a better idea to slow down the process and to take time to talk to your attorney, financial advisers and others familiar with divorces and asset division.