Fullerton Family Law Blog

The start of a new year may have California residents and others thinking of making changes in their lives. One of these changes may include ending a marriage. January is one of the most popular months for a spouse to either get or seek a divorce. However, it might not be the best idea to rush into getting a divorce. This may be especially true for parents.

An exception can be made for someone who is looking to escape a marriage that puts themselves or their children in immediate danger. Assuming that this is not the case, it can be worth going to counseling or taking other steps to see if the relationship can be salvaged. If it can't, an individual can file for divorce knowing that the marriage simply wasn't meant to last. At a minimum, a spouse should meet with an attorney prior to serving divorce papers. This can give that person time to learn more regarding the separation process and how it's likely to play out in a given case.

Californians who are getting divorced may need to figure out how to handle joint credit cards. Even if the divorce court orders one spouse to pay his or her portion of the credit card debts, both exes could still have problems with the collectors. This is because credit card companies do not have to follow the orders of the family court.

If one ex-spouse fails to pay his or her part of the joint credit card debt, the creditors could go after both exes for repayment. Even if the other spouse goes to court to seek an indemnity order, the credit score may already be harmed.

There is a common misconception that custody rights innately favor the mother in most cases. However, the law regarding custody does not have a gender bias. It is simply the practical experience of having a child that often results in a mother receiving custody by default. When parents are not married, the mother will be the one who gives birth to the child, and, therefore, the mother is the likely one who will take the child home from the hospital.

Sometimes, unmarried mothers are eager to name the father of their child. Doing so helps them connect with child support and ensures that their child grows up knowing who their father is. Other times, the mother may not want to name you as the father.

When parents in California are going through a divorce, they might struggle to communicate and cooperate. Raising children can be difficult in the midst of a high-conflict divorce. However, in most cases, parents either share custody or one has visitation rights. Therefore, these parents need to find a way to make the situation work. Studies show that witnessing parental conflict is among the biggest stressors for children during divorce. Parallel parenting is a solution that allows children to spend time with both households but reduces the need for exes to communicate directly with one another.

To avoid conflict, parallel parents need a detailed plan. They also need a way to get information to each other. Some parents may decide to use email for communication or to share calendars. While traditional co-parents work to respect and support their children's relationship with both households, parallel parents work to stay out of the way. By letting go of control, they further reduce the possibility of conflict.