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June 2018 Archives

Divorce can have long-term retirement impact

When people of any age choose to divorce in California, there can be a range of expected and unexpected financial consequences, especially ones related to retirement. These consequences can be particularly significant for people going through a "gray divorce," which is a term that refers to individuals aged 50 years and older ending their marriages. While the divorce rate for Americans as a whole has flattened and remained stable, the same cannot be said for people in this demographic group. Between 1990 and 2010, the divorce rate for people over 50 years old doubled.

How to determine custody when only the mother is known

If a child is born in California without a father's name on his or her birth certificate, it may be unclear who has custody. As a general rule, custody will be determined in the state by looking at what is in the best interest of the child. However, other states may have different rules relating to who gets custody of a child born when the parents aren't married and no father is on the birth certificate.

Dads need to stand up for their custodial rights in divorce

Some people believe the common divorce myth that judges always prefer giving custody to the mother in divorces. In reality, the gender of the parents should not factor into how the courts allocate parental rights and responsibilities. Both parents often get to play an active role in the life of their children and share parenting time and decision-making power.

Divorce proceedings may limit financial, parental rights

California is one state that places a number of restrictions on parenting rights and finances when a couple files for divorce. The specifics of these laws vary by location, but in general, people should keep the guidelines below in mind and may want to consult an attorney for further information.

Gender-neutral spousal support laws surprise female breadwinners

When there's an income disparity among a married California couple, a divorce could lead to an alimony settlement. Although spousal support originally arose during a time when wives lacked the financial means to support themselves, modern laws look at spousal income instead of spousal gender. In 1979, the Supreme Court of the United States ruled that family law would view alimony decisions in a gender-neutral light. The result has been that ex-wives now sometimes pay ex-husbands alimony. Given the historical context, women often do not expect this financial burden when ending a marriage.

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