California Divorce Blawg

Divorce Classes To Help You Get Through

Many people today have gone through a divorce or have been affected by the process in one way or another. It only seems appropriate that in today’s society, there are classes to help people make it through this long, emotional process.

Adults and children alike may suffer from the affects of divorce . It splits a home in two, and everyone searches for answers to what happened in the past. Children do not always understand the situation and might feel like they are the cause of the divorce.

It may be hard to know where to begin and how to adapt to all the surrounding changes. Divorce proceedings focus on separation of financial assets, as well as with the emotional well being of both parents and children.

Parents may want to be aware of their children’s behavior during the divorce. Children may show aggressive behaviors and may not cooperate. The American Academy of Child and Adolescent Psychiatry suggests being open with the children and letting them know even though the marriage is ending, both parents will still be a part of their lives.

Classes can teach the adult parties involved how to parent together- even though their relationship is dissolving. These classes can teach families how to cope through this difficult process.

Classes might be small lecture groups or on the internet where online parenting classes, designed to meet requirements for mandatory parenting education. Online classes might be convenient for the working parents who can review and take the classes in the comfort of their home or on the move.

According to Associate Press, 27 states make parenting programs mandatory and in other states, judges can order parents to take classes. Some cities and districts may require classes by state divorce laws.

The emotional well being of families going through divorce may depend on cooperation from both parents, and classes might be an option that can help families move forward.

Please click here for the original article from The Divorce Blog.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Software to help calendar and track child visitation

The folks at Custody X Change keep making their timeshare and child visitation software better!  They have just released version 2.5.  This is a very exciting release that includes the ability to track actual visitation time and keep a log (notes).  Click here to check it out.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Interpol, kidnapping, death threats, covert ops. Here's a child custody case for you!

Husband and wife got married in Pakistan.  They took up residence in Fremont, California and a child was born in California.  Wife then took child to Pakistan for a vacation, and decided not to come back.  For the next six years the parties battled it out in the courts and around the world.  Let the fireworks begin!

According to the Court of Appeals:

This case graphically confirms what we said long ago:  “ ‘controversies over custody are oftentimes long drawn out and bitter. . . .’ ''  This one involves an acrimonious six-year international custody battle, in which lawyers on two continents seemingly have left no stone unturned, while the parties themselves have left no rock unhurled.  The accusations and counter-accusations include kidnapping, fraud, and domestic violence, all set against a backdrop of INTERPOL  warrants, armed gunmen, and flights from justice.  In both California and Pakistan, mud has been slung, court orders flouted, and reputations challenged.

The actual legal questions in the opinion prove to be straightforward. The issue on appeal [is] one of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).  (Fam. Code, § 3400 et seq.)  The court concludes the well reasoned decision of the trial court was correct:  the California court that dissolved the marriage had initial home state jurisdiction.  California was the original forum to resolve custody and visitation disputes because the child was born in California, and was a resident of California.  The California court issued an order giving custody to Husband, and California never lost jurisdiction.  Its order granting custody to Husband was valid when entered and remains valid despite Wife's globe-trotting with the child.

This case is a clear demonstration of the old adage "the means don't justify the end."  Click here for a whopper of a child custody tale.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Planning For Divorce

"How do I plan for divorce?"  That is a question that I am asked time and time and time again.  You would think it would be easy to answer?  It is not.  There are too many facets on the stone.  Emotional preparation, parental preparation, financial preparation. . .  It is almost as challenging as "what came first, the chicken or the egg?"

Here are some answers to the financial planning question:

• Organize important records. Important documents such as your will, birth certificate, passport, 401(k) retirement savings plan and tax returns should be filed neatly and safely in a secure place, such as a safe.

• Allocate a spending budget. Once that finances and assets are split, you can asses and allocate a spending budget as well as a savings plan. Document daily, weekly and monthly spending. Dawn Cardi, a divorce lawyer in Manhattan, suggests that you “write down from your checkbook and credit card statements what you actually spend and not what you estimate you spend.” She finds that “most people are shocked by what they discover.

• Eliminate extraneous spending. By documenting what you spend, you will be able to identify how much you spend on essential items such as housing, utilities and food. You will be able to identify, cut down and perhaps eliminate extraneous spending by dining out less and spending less on entertainment and nonessential clothing purchases. Financial experts suggest that you pay cash for nonessential items; therefore, you’re less likely to spend on them. Costs can be cut by minimizing your lifestyle.

• Reduce debt. By saving in other areas and eliminating nonessential spending, you can begin to tackle debt by diligently paying credit card bills in full every month on time. If you are already facing credit card debt, consolidate to one credit card with a low percentage rate and a no or low annual fee.

• Reserve 6 months of savings. Financial experts such as Suze Orman suggest having 6 months of living expenses reserved for unforeseen difficult financial times.

• Plan for retirement. It is sometimes difficult to plan for yourself if you have children and potential college costs on the future horizon. Never cash in your 401(k) plan. Cashing out draws penalties and taxes that may outweigh the immediate cash benefit. Consider rolling your 401(k) into an Individual Retirement Account (IRA).

• Always have a backup plan. A 6 month reserve plan eases a transition time. Organizing and knowing your finances enables you to make smart, informed decisions on what you can and cannot afford in creating a manageable budget to ease the divorce process.

Source: Sun Herald  Please click here for the totaldivorce blog post.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.