Fullerton Family Law Blog

Couples in California who decide to get a divorce are likely to find that the process can be long and complicated, resulting in number of practical, financial and emotional issues for everyone involved. Even though divorce can take a stressful toll, it is important that both spouses do not ignore insurance coverage. They should make sure to reevaluate all of their insurance policies to understand how their coverage may change after the finalization of the divorce and how to prepare for those changes.

One important type of insurance that has to be addressed is health insurance. In many cases, one spouse is covered under the other spouse, typically the spouse with the higher income and who has a health plan sponsored by an employer. According to the Consolidated Omnibus Budget Reconciliation Act, or COBRA, spouses who do not earn an income can remain under their ex-spouse's employer plan for as long as three years after a divorce.

California residents may be interested in learning about a couple of silent relationship killers. Many people know that traits like sarcasm, contempt and criticism can predict divorce. Relationship ruiners can be difficult to spot, so being aware of them could help some couples before it is too late.

Some find that it is easier to avoid a conflict than it is to deal with it right away. Unfortunately, this allows negativity to fester and can ruin a relationship. Some have found that getting over the discomfort that comes from addressing conflict leads to harmony in the relationship.

For much of the 20th century, fathers in California and across the United States were usually not granted sole child custody rights. Judges usually granted full rights to mothers. Today, courts are more likely to award shared parental custody. Courts currently presume that divorced parents have joint legal custody of their children. Legal custody involves a child's school and educational opportunities, religious upbringing and health care issues. In addition, the court encourages both mothers and fathers to raise their children in dual residences.

Courts have been awarding more frequent sole custody rights to fathers for the past four decades. Since 2008, courts awarded rights to fathers about 58% of the time. Dads previously received sole custody rights only 20% of the time. Judges followed the popular assumption that moms were more capable of caring for younger children. However, some politicians began to promote the concept of fathers raising their children with the approval of the court.

Parents in California who get a divorce are likely to have to co-parent with their ex-spouse. In addition to two biological parents, co-parenting situations can also apply to grandparent guardians or adoptive parents. No matter what type of co-parent situation is in place, it is important the all parties involved take the necessary steps to ensure that the welfare of the children is the priority.

Co-parents should make decisions based on what is in the best interests of the children. Divorced parents should realize that the end of their marriage does not mean the end of the parent-child relationship, and while they may rather not spend time with their ex-spouse, the presence of the children's other parent in their lives is very important. There are circumstances in the presence of the other parent in the children's lives may not be for the best, such as if there has been abusive behavior exhibited by that parent toward the children.