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CA divorce attorneyWhen parents decide to end their marriage, they will likely put a great deal of thought into how their minor children will be affected. In addition to determining how the issues of child custody and visitation will be resolved during divorce, parents often work together to provide their children with emotional support and reassurance, helping them adjust to their new reality of splitting time between two separate households.

Parents of adult children who no longer live at home may not have as many legal issues to resolve during divorce, but they should still be aware of the impact that the end of their marriage will have on the members of their family. Adult children of divorce are often affected in the following ways:

  • Emotional reactions - Parents may believe that children who have established themselves as adults will be less affected by their divorce, but it is important to understand that they will still be likely to feel a great deal of anger and sadness, and they may need some time to adjust to their parents’ new situation.
  • Commitment issues - Children whose parents have divorced are often hesitant to enter new relationships, or they may remain in a bad relationship because they are afraid to repeat their parents’ mistakes.
  • Taking sides - Parents of minor children often work to keep kids from being involved in conflict, but parents of adult children may feel they can be more open about the reasons their marriage failed. This can cause children to feel like they need to choose one parent over the other, which can damage their relationship with both parents.
  • Acting as a confidant - Parents may feel that they can confide in their adult children and lean on them for support. However, a lack of clear boundaries can result in a great deal of stress and anxiety for children.
  • Concerns about the future - The instability that results from divorce will likely cause children to worry about their parents’ ability to financially support themselves, who will care for them as they get older, and how inheritance issues will be handled.

Contact a Los Gatos Divorce Lawyer

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California family lawyerThe Tax Cuts and Jobs Act was passed by the States Congress last December, resulting in the most major federal tax reform of the last 30 years. This law affects nearly everyone in the U.S., and discussion of some of its changes, such as a lowered corporate tax rate and an increased standard deduction, have filled the news as financial experts examine its impact. However, one lesser-known aspect of the law is important for divorcing couples to understand, since it will affect how spousal support (which is traditionally called alimony) will be taxed.

How Alimony Is Taxed

Previously, when a spouse who earned a larger income paid spousal support to their former partner, they would be able to deduct this amount from their taxable income, and the payments would be considered taxable income for the spouse receiving them. However, the Tax Cuts and Jobs Act changes this, so that alimony will now be treated like child support. For divorces finalized after December 31, 2018, spousal support will not be tax-deductible for the payor or taxable for the payee.

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Posted on in Mediation

California divorce lawyerDivorce is rarely an easy decision, but when couples take steps to end their marriage, they are likely ready to leave a relationship that is not working and move on to the next stage of their lives. However, the process of divorce can be incredibly complex, and people are often unprepared for the costs involved in the legal process of dissolving their marriage. However, if couples are willing to work together to reach a resolution, they may be able to use mediation, which can allow them to complete the process more quickly, efficiently, and effectively. Divorce mediation provides the following benefits:

  1. Cost savings - Litigating a divorce in court can be incredibly costly. Each spouse will typically need to hire an attorney, and they will be required to pay for the time their lawyer spends preparing documents, communicating with the other spouse’s lawyer, discussing the case with them, and attending court. When using a mediator, however, the couple will typically split the fees for mediation sessions or any other services the mediator provides (such as preparing documents), and mediation can result in savings of 40-60% over the costs a divorce completed through litigation.

  2. Time savings - A litigated divorce can be a lengthy process, requiring multiple court dates that depend on the availability of the spouses, their attorneys, and the judge. In contrast, mediation allows a couple to resolve the outstanding issues in their divorce (including the division of property and decisions regarding child custody and visitation schedules) in a much faster and more efficient manner.

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California mediation lawyer, California divorce attorneyPerhaps you are in the middle of divorce conversations. Maybe you were just served divorce papers out of the blue when you thought everything in your marriage was normal. Maybe you finally have had enough and are ready to call it quits but have not dropped that bomb on your significant other. In any of these situations, it is very likely that you have questions and are out exploring information. Even if you have gone through a divorce before, the culture and the divorce experience itself have changed and become something of a healing process. Yes, the marriage is over, but the split does not have to be emotionally scarring. Many couples that choose divorce are opting to go with the “friendly” divorce option, known as divorce mediation.

What Is Divorce Mediation?

Divorce mediation is a divorce option where, instead of going in front of a judge to have them iron out the details of your divorce, you and your spouse, together with your mediator, sit down in a room together and decide what works best for you and your situation.

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Posted on in Property Division

California divorce lawyer, California family law attorneyDuring a divorce, everything that constitutes a marriage must split into two separate lives. While this is a natural process for some couples and even for select assets, for others, the disunion is much more complicated. Occasionally, the bond that ties the two may not ever be entirely separated, such as those with children. In other scenarios, the large assets of property division are where contentions arise. The most common question asked by couples struggling with the last scenario pertains directly to the most significant investment many couples make: who gets to keep the house?

What Is the Purchase Date of the Home?

Believe it or not, the purchase date, or closing date, of a home, can make a large difference as to who gets to keep the home. Consider that California is a community property state, meaning all items purchased and investments made during the marital union all belong to both parties equally as “community property.” Anything owned before the marriage began, after filing the divorce papers, or any items earned outside of the marriage, all are “separate property.” Separate property stays with the owner after the finalization of the divorce. However, this is not a certainty as other factors may play a factor, such as mortgage payments, improvements, and maintenance. Occasionally, a separate property home becomes community property with the right investments.

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