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California divorce attorneyRetirement or pension accounts can be the most valuable asset that will need to be divided upon divorce. In some cases, retirement accounts may be worth more than the marital home. Because California is a community property state, it is likely that both spouses have an ownership interest in at least part of the retirement or pension account. Dividing this interest is a complicated task, and likely should be handled by lawyers and financial professionals in order to protect your interests.

Steps in Dividing Retirement Accounts

Some types of retirement accounts such as 401(k)s or IRAs are fairly easy to value as the value of the account is reported in regular account statements. However, defined benefit plans, which are designed to make payments to the beneficiary from the start of retirement until the beneficiary’s death, can be more complicated.

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California divorce lawyer, California alimony lawyerThe availability of temporary spousal support can make a huge difference in the decision to move forward with a divorce in some situations. Where one spouse is dependant on the other spouse’s income, the prospect of having no or less money for day-to-day necessities can limit the spouse’s options.

In such circumstances, temporary spousal support may be an option. Temporary spousal support will be ordered by a court. Payments will continue until the divorce is finalized. Once your divorce is final, the payments will cease unless alimony (or permanent spousal support) is ordered.

What Is the Purpose of Temporary Spousal Support?

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child custody orders, child custody modification,  visitation order, San Jose child custody lawyer,  California family lawIf you have a custody or visitation order in place, you may wonder how the order can be modified by either parent. In practice, child custody orders cannot always be easily modified, especially if they are recent.

However, California law does allow for modifications under certain circumstances. It is best to seek legal counsel to determine if your situation will qualify for a modification.

How Soon Can You Request a Change?

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San Jose father’s rights attorney, American fathers, father’s rights, parenting time, San Jose child custody attorneyA recent study of American dads reveals that a father’s role has greatly expanded over the course of the last few decades. In addition, the study showed that fathers believed that being a parent was central to their identity.

However, the study also reported that many viewed women as being the better-equipped gender to rear children. Studies like this underscore the need for zealous advocacy for father’s rights so that the custody arrangement ordered by the courts is consistent with the reality of how families operate today.

Findings Made by the Study

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children and divorce, San Jose child custody attorney, communication and divorce,   divorce process, San Jose divorceBreaking the news to your children about divorce is a conversation that every parent dreads. There are, however, a few simple things a parent can say and do to help make this talk a little easier.

Consider the following tips when speaking to your child about divorce.

  • Ask what the child already knows. It is critical to start here so that you and your child are on the same page. Children pick up on many things, and they may understand that a divorce is imminent. However, they also may not fully understand what the outcomes of a divorce will be. Children often have misconceptions and misunderstandings. By asking what the child already knows can dispel some of the untruths that your child has.
  • Keep your answers simple. Tailor your responses to the child’s age. If you have several children, you may have to talk to each one individually. Try not to get ahead of yourself, and keep in mind that you may not have all the answers to how a divorce will play out. Keeping the answers simple will avoid unnecessary worry on the part of the children.
  • Understand your child’s main concerns. For smaller children, they are often concerned with their own safety. Make your child feel physically safe at all times during these conversations and when discussing future plans.
  • Ask your child questions. It is important for a child to feel like his or her emotions are heard. Asking “How do you feel?” can convey that you care about your child and that your child is a consideration in the divorce process. 
  • Keep the conversation going. Many children will have continuing concerns. Younger children often ask the same question over and over again. It is important to keep in mind that this is new territory for a child and that getting to a place of understanding can take time. As the conversation progresses, you may be able to add in additional details that you initially left out.

Contact a San Jose Divorce Lawyer

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