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Vista California Family Law Blog

Will you lose everything if you divorce when you're a senior?

When you reach your senior years, you may not be considering a divorce as something that you'd ever go through with. You've made it this long in your marriage, and you have a solid life built, and intertwined, with your spouse's.

That's why it was a shock when your spouse announced that he or she wanted to get a divorce. It's alarming, as well, because there's not much time left for you to work or change careers to support yourself.

Stocks: What you need when dividing your property

When you're going through a divorce, one of the pieces of property you may need to divide is your stock options or restricted stocks. Many people overlook their stocks, because they forget about them or don't consider their potential worth.

The truth is that dividing all your marital assets is important, regardless of what the stocks may or may not do in the future. Stocks are some of the most difficult things to divide fairly, so here are some things to keep in mind.

Hanging tough during divorce: 3 ways to handle stress

Divorces are hard, and with everything you deal with in your daily life, it might make things extremely stressful. Even if you and your spouse agree to divorce, there are sure to be times when you disagree.

There are some ways that you can make a divorce a bit less stressful. One is to make time for yourself. Another is to be willing to negotiate. Finally, knowing when to call in a mediator is a good piece of information. Here's more on how to get through the stress of divorce.

Child custody and the military: What you should know

There are several key issues in military child custody cases. For instance, both parents have to consider what happens during deployment or if a parent has to move to a new base. They have to consider the child's current living environment and how changing it could affect him or her.

Custody agreements still work in the same way as they would for civilian couples. They face many of the same concerns about visitation and decision-making.

Children's belonging are divided in divorce as well

When you're ready to get a divorce, you know you have to divide your property. What about your child's property, though? You and your spouse are planning to share custody, so where should the bed and other items go? Should they stay in the family home? If you move, should they go with you or your child's other parent?

This is a particularly interesting thing to have to decide, especially if your child is old enough to want to have a say. Normally, if you're staying in the same home, you'd leave your child's things there. However, if you and your spouse are moving, then you may decide to divide up the items, so each of you has less to purchase in duplicate for your child's new rooms. Your child may also have a preference for where the items go, which could influence your case.

Does race play a role in a custody case?

As someone in a mixed-race marriage, you know that your divorce could make things complicated. Not only do you have mixed-race children, but you also have family on both sides to consider. Culturally, you and your spouse may be different, but for your children's sake, you need to make your cultures work together.

Your primary concern at this point is who will obtain primary custody of your children. While most courts do like to see children in shared custody or joint custody, that might not be possible depending on the situation. One thing you should know, though, is that your children won't be assigned to a parent based on skin color alone.

Military divorces: The differences you need to know

When you're in the military, the military tends to take precedent over other parts of your life. You may not want to place your duties over taking care of your family, but it's sometimes your obligation. Unfortunately for some, those military obligations can put a strain on their families and lead to divorces.

Military divorces aren't like civilian divorces in some ways. While the legal process for a divorce is primarily the same, some differences in property division and custody arrangements could impact your case. For instance, if you're living with your spouse and a child, your military experience and risk of deployment could put your right to shared or sole custody at risk.

Divorce and debt: What you need to know

If you are heading for divorce and you have been married for at least seven years, you probably had time to accumulate some assets and some debt. While you are probably aware that you will have to split your marital assets with your soon-to-be ex-wife, do not forget that the debt will play a role in your divorce as well.

Unfortunately, handling the debt aspect can sometimes be more complicated than simply splitting it down the middle. Furthermore, debt collectors typically do not care about your divorce decree, especially if you are still listed as a responsible party on their records. The following can help you manage the way divorce affects your debt.

Man flees with children, custody dispute possible

When you don't have custody rights for your children or you withhold custody from the other parent, you need to know that you could get into trouble with the law. You could end up losing your right to see your child or children, too.

If there's ever a concern about custody, it's important to talk to your attorney about it before you do something rash. Taking your children out of the other parent's custody or keeping them longer than the court order allows could put you in a negative position. You could end up facing charges for abducting your children or be accused of parental kidnapping.

Community property in California defines asset division

California is one of few states with community property laws. Community property laws differ from equitable distribution laws since assets collected during a marriage are split equally between those getting a divorce. Any property obtained during the marriage automatically becomes marital property.

In an equitable distribution state, assets are split in a fair way. For some, that may mean one person leaves the marriage with everything. For others, splitting the property equally is fair. In California, community property is always split 50/50.