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Family Law Blog

Joint custody is a positive option for children of divorce

One of the best types of custody to look into is joint custody. Shared, or joint, custody is normally close to equal, which means that a child spends time with both parents regularly.

Psychologically, joint custody is a major benefit to children. However, parents need to be able to handle the nature of the arrangement. They must be able to work together to decide on how to raise their children, and they need to work to reduce conflict as much as possible.

Should I be offended if offered a prenuptial agreement?

Prenuptial agreements are an important part of many marriages, but despite knowing how they can help, many people don't have them. Why? They may not know the importance of these agreements or not understand how they can help them.

When people think about prenuptial agreements, they often imagine that they are arrangements that put one spouse ahead of the other if they divorce. The arrangement, for instance, might limit how much one spouse can get from the other upon divorce. That's true to an extent, but only if you agree to an unfair prenuptial agreement.

Don't forget about splitting debts during divorce

During your divorce, you probably know that the state requires an equal split of your assets. This applies only if you can't agree on a different arrangement, since the state is a community property state.

In most cases, people who can't agree do end up splitting assets equally, but assets aren't all there is to divide. There are also debts, which could be of a significant amount.

Your journey to parenthood could take various turns

If you want to become a parent, you may go to great lengths to bring a child into the world. While many traditional couples experience a natural birth process, countless others struggle with infertility.

If you are your partner are struggling to conceive, you might consider in vitro fertilization (IVF). But in some cases, you may also consider adopting a child or having another woman carry your baby to term through gestational surrogacy.

How can you adjust work for parenting time?

It isn't always easy to develop a parenting schedule that works for your child and ex-spouse when your job doesn't have traditional hours. You might not have a consistent work schedule and that can lead to custody conflicts, too.

If you ask to adjust your schedule, you're worried about losing hours. You need to keep working as much as possible, so what can you do? The solution may be easier than you think.

How should you handle your emotions during divorce?

Divorces are hard on everyone including friends, family members, children and yourself. It can be hard to manage their expectations along with your own. You may even have to deal with the loss of your marriage alongside the loss of close friends or family members as a result of the breakup.

For many people, the divorce itself is not about the paperwork. It's the untangling of their lives, and they want to do it right. You're right to assume that the documentation of the divorce is necessary legally, but from an emotional aspect, you have to be in the right state of mind to get that work done.

How do you cope with seeing your child less after divorce?

Child custody disputes are some of the most common during divorces. Two parents are likely to want the same amount of time with their children, but even fairly splitting time means seeing their children less.

As a parent, it's important that you find ways to cope with seeing your children less so that the other parent also receives a fair amount of time with them. How can you help yourself during times when your children won't be with you? Here are a few tips:

Understanding community property and your divorce

During a divorce, one of the things you have to talk about is how you plan to divide your property. Normally, people in California follow a 50-50 rule thanks to the state being a community property state. What that means is that any marital property is shared equally among the parties, not divided equitably.

Here's an example. If you and your husband are planning to divorce and own two houses, a boat and two cars all purchased in both your names and during your marriage, then you would want to either split the property as close to equally as possible or sell all the property and divide the profits equally.

Can I help a child get lawful residency in the U.S.?

If you are considering adoption, you likely want nothing more than to make sure a child feels loved and they have a safe and happy home. You may be considering adopting a child who is an immigrant to give a young person better opportunities in the United States than they may have in their home country.

If the child is an immigrant, it can be a bit complicated, as they need to ensure their resident status in the U.S. is secure. One way children can receive permanent residency through adoption is by applying for Special Immigrant Juvenile Status (SIJS).

What is Special Immigrant Juvenile Status?

The United States offers immigration statuses for many different types of individuals, but one of the lesser known options available to applicants specifically helps children in need of a new home.

Special Immigrant Juvenile Status (SIJS) allows immigrant children who are in the state juvenile system to obtain lawful permanent resident status. In SIJS cases, children typically meet certain criteria or are unable to reunify with their parents for one of these three reasons:

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