Why People Get Divorced

Posted by on Jun 20, 2019 in Family | 0 comments

Divorces can be messy. In fact, the overwhelming majority of most divorces are at least in some way painful to the parties seeking the divorce. And if the divorce includes litigation around child custody, it is likely that you will need a great lawyer to guide you through the process.

Without adequate representation, you will be thrust into a whirlwind of:

  • finances
  • paperwork
  • and emotional labor.

In California, however, these situations can become even more confusing. In California divorce law, there are two types of divorces: uncontested and contested. Contested divorces are what we typically associate when really dramatic or contentious issues are the reason behind a couple wanting to separate or end their marriage.

Additionally, contested issues are either contested because one of the parties does not agree to the conditions of the divorce (for example, how the husband wanting the divorce plans to separate the joint assets) or does not agree to the divorce more broadly and wants to work through issues.

Uncontested divorces are the exact opposite. They are divorce situations in which both parties agree to the need or desire to separate legally while also agreeing to the conditions of the divorce like custody and property arrangements.

Uncontested divorces still require a lawyer to truly make sure that everyone receives what they deserve from the arrangement. However, many uncontested divorces are settled out of court and do not have to involve contentious court cases, since both parties largely agree.

You should also know that a person can initially agree to an uncontested divorce but after development or disagreement in the process, can transition to a contested divorce. You can speak with your lawyer about your options to escalate the process and receive the arrangements you are entitled to!

However, as the Law Offices of Baden V. Mansfield explain, if you want to undergo a contested divorce, you will have to file specific reasons as to why you want to separate from your spouse. A qualified lawyer will be able to walk you through the reasons at a greater depth than I can, but I wanted to provide you with some brief information about the reasons why a contested divorce can be pursued:


As you can expect, if your spouse is abusive or cruel to you, these are grounds to pursue a contested divorce. Do remember that simple arguments or even your spouse being mean-spirited to you is not the same as cruel. Your lawyer will have to prove that arguments or interactions you have with your spouse make it so that being around or living with your spouse poses a threat to your mental and physical safety.


This reason is perhaps not the most surprising. If your spouse abandons you, then you have grounds for a contested divorce. Abandonment is seen as either the other spouse leaving the house without returning to live in it again for over a year, or by the spouse not being intimate with you under any circumstances.

This is such a sad situation but if you find yourself in something similar, then you can pursue justice by hiring a competent lawyer to guide you through the process.

Read More

How to Know If You’re Going to Be Paying Alimony

Posted by on Sep 10, 2018 in Family | 0 comments

If there’s one thing that can otherwise spoil the relief you feel as you’re about to get divorced, it’s alimony. Alimony, or spousal support, is a topic that is loved or hated virulently depending on which side of the exchange you’re on. Those who pay it claim it shouldn’t exist, and those who receive it say they couldn’t live without it.

This article isn’t here to debate the merits of alimony. The fact is, it’s out there, and there’s a chance your divorce will require you to pay it. Or, alternatively, there’s a chance you may get the help you need to restart your life.

One way or the other, it’s better to know if that’s coming now, so you can plan accordingly and be prepared. So, how do you know if you’re going to be paying or receiving alimony? Well, consider how a judge determines alimony and see how your case stacks up.

The judge on your divorce case will look at a number of factors before making a decision. Those will include the financial situation for both individuals, the length of the marriage, the level of education for both individuals, the standard of living both individuals are accustomed to, the age of the individuals in the marriage, and the ability of either individual to pay alimony. Fault is also considered in many states.

How this comes together really depends on the specifics of the case. If both of you work, for instance, and make similar levels of income, spousal support seems unlikely. If neither of you make enough to afford alimony while also maintaining your standard of living, that also makes it unlikely.

However, in a case of serious imbalance, in which a couple married for a significant amount of time has one spouse that has made and continues to make a significant amount while the other hasn’t worked or has not developed a career or the skills to make that kind of income once the divorce is completed, alimony is fairly likely.

Once again, exactly how much and for how long will depend on the case. Alimony can last for a relatively short amount of time, or it can be indefinite. To a certain extent, if the required factors are in place, this will all depend on how the case is argued before the judge, and whose argument the judge ends up siding with.

If this seems unfair, your best option is to argue against it forcefully and with a thorough use of the law before a decision is made. To do that, you’ll most likely need a spousal support attorney if you want to have any kind of success. Whether you are looking to receive more alimony or you’re trying to reduce your alimony commitments, a spousal support lawyer is probably the only way you will be able to achieve that.

So, if your case looks like one where alimony is likely, your decision now is whether you want to try to agree to something fair before the divorce gets underway, or whether you want to start looking for a spousal support lawyer now.

Read More

Common Issues in Child Custody

Posted by on Mar 1, 2017 in Family | 0 comments

Divorce is already a stressful thing, but it can even be more stressful when children are already involved. Determining custody of children is often the most highly contentious part of a divorce.

Of course, all the contention can result into physical, emotional, and psychological exhaustion. To limit the toll of the legal process of child custody, it is important to know the most common issues associated with it.

Child’s best interest

It is a misconception that child custody is always granted to the mother. In fact, the courts have no gender bias and consider the best interest of the child. Best interest has no clear scope, but it may include the child’s age and his or her development process, such as in health, education, and security. The parent who can give the better development for the child is the one granted custody. Since there is no clear threshold for best interest, it is often an issue in child custody, as arguments arise on who really gives the best interest to the child.

Child’s preference

It is true that when the child reaches a certain age, he or she may have a voice to choose which parent he or she wishes to be with, but it is important to note that this choice is not absolute. The court may be able to use it as a factor in determining custody, but the best interest of the child is still the primary factor. The weight of the child’s choice depends on the child’s age, maturity level, and reason for the choice.

Physical and Legal Custody

Custody can be classified as physical and legal. Physical custody refers to the right to have the child reside with him or her, while legal custody refers to the right to make decisions regarding the child’s development, such as in health, education, and religion.

Sometimes, sole custody is awarded to a parent, where he or she will have physical and legal custody over the child. Sometimes, physical custody is awarded to a parent and legal custody to the other. There may also be instances where joint custody is awarded to the parents, where physical and legal custody are divided between them.

Read More

Easy Mistakes That Lead to Swimming Pool Injuries in Children

Posted by on Jun 16, 2016 in Family | 0 comments

Most parents know the basics of swimming pool safety. The child must wear a life jacket, be supervised, and swim in safe water. However, there are plenty of seemingly small mistakes that a parent can make that can injure the child. According to The Sheboygan Personal Injury Attorneys of Habush Habush & Rottier S.C., swimming pool injuries affect “More than three thousand children and adults.”

According to the CDC, “About one in five people who die from drowning are children 14 and younger.” With swimming pool injuries being such an issue, especially for children, it is important that parents pay attention to the little things. A young child should always have a life jacket, and not be allowed just an inflatable device. The parent may not see this as an issue at first, but the device may deflate while the child is in deep water or they may slide off unintentionally.

According to the Seegmiller Law Firm, it is “advisable to take extra precaution and only swim in the presence of someone who is lifeguard certified.” But sometimes a lifeguard is not available and the parents are responsible for supervising. If the adults are under the influence of alcohol, they will greatly increase the risk of their child’s safety. Additionally, the parent must be in close proximity of the child at all times to ensure quick rescue if something does go wrong.

Parents may think that just because the pool water is shallow that their child won’t drown. But hot tubs especially are a hazard area for young children who will overheat easily. Inadequate safety precautions can cause injuries to the brain, muscles, and emotional health. Therefore, it is important for a parent to take notice of the tiny mistakes which could save their children from swimming injuries or death.

Read More

Marijuana in a Broken Marriage

Posted by on Jun 15, 2016 in Family | 0 comments

Marijuana is one of the most popular recreational drugs in America and is used by millions of Americans every day. Despite this, the use of marijuana can affect many aspects of a divorce, especially child support and custody. In Colorado both recreational and medicinal use of marijuana is legalized. But according to the Family Law and Cannabis Alliance, the law contained no specific provision to protect parents from CPS intervention. The severity of the effect on the divorce, whether the user is being divorced for an addiction or battling custody, lies at the hands of the judge.

One of the contributing factors concerning substance abuse in a divorce is the conduct of the user. The court usually looks at when and where the marijuana is consumed. For example, if the spouse uses marijuana in a more conspicuous place like a car as opposed to the public area of the home, the severity of the charge can decrease. The frequency of use is also investigated to determine the degree of abuse. According to Westchester drug crime attorney, a spouse can file for divorce based on factors such as possession, sale, cultivation, and paraphernalia.

If a child is involved in a divorce involving a drug charge, the difficulty for the user to be granted custody increases significantly. Toddlers and adolescents are assumed to be at a greater influence of the use of marijuana. Also, like any child custody case, the financial and professional lives of the spouses are evaluated. According to BB Law Group PLLC, “Generally, the parent with whom the child resides most often receives child support payments…but this, and the amount of payments, might vary.” Overall, a drug charge complicates the nature of the divorce and financial future of the user.

Read More