Law Office of Lily L. Huang
More Than A Decade Of Family Law Experience

San Jose Family Law Blog

Can you date before your divorce is final?

You may have many questions about your San Jose divorce. You may worry about your actions and how they could affect the proceedings. One thing that comes up often is your right to date. Do you have to wait until the divorce is final to begin dating or is it okay to do it while things are still in progress? This is common to ask because once a couple reaches the point of divorce, the relationship has often been over for quite some time. It is normal to want to look for new companionship.

According to Zoosk, dating during a divorce is not illegal, but it is often discouraged by attorneys and other experts. Despite this, it is not an uncommon thing. If you do decide to begin dating while still going through your divorce, there are some things to keep in mind to prevent having your dating life interfere with the divorce process.

Assessing the advantages of mediation

Divorce proceedings can certainly become messy affairs if those participating in them in San Jose allow them to be. Often, the contention in such cases may arise from one spouse not wanting to end a marriage. His or her thinking may be that if he or she refuses the comply, the case cannot go forward. Unfortunately, according to the website for state's Judicial Branch, California is among those that classify themselves as "no-fault" states when it comes to divorce. What this means is that one spouse does not need to have grounds for divorce (other than irreconcilable differences) in order to seek for the immediate end of a marriage. In such cases, proceedings are held regardless of whether or not a dissenting spouse participates. 

This fact may serve as motivation for divorcing couples to seek an amicable divorce through alternative dispute resolution methods. Among the most popular of these is mediation. In mediation, an impartial third party serves as mediator between the two sides to resolve issues such as child custody and support, property division and alimony without going to trial. Both sides must consent to mediation, the decisions made during such proceedings, and to accept whatever agreement that comes from it as legally binding. 

Lesser-known benefits of joint-custody arrangements

Going through a California divorce is rarely easy, but things can prove even more traumatic and painful when there are children involved in the breakup. Many parents who share joint custody can attest that is can be hard to adjust to not having your children home with you at all times, but there are actually some key benefits to having such an arrangement. At the Law Office of Lily L. Huang, we have helped many parents work through joint-custody arrangements and the special considerations involved in creating and maintaining them.

According to The Spruce, there are a number of lesser-known benefits that come with having joint-custody arrangements, in addition to the obvious fact that you will have more free time to yourself to pursue your own interests. For example, having joint-custody may allow you and your child’s other parent to share the costs of everyday expenses, which can range from sports equipment for after-school activities to haircuts, field trip fees and the like.

A few things to keep in mind when going through a divorce

If you are thinking of divorcing your spouse in San Jose, this may be one of the most important decisions you will ever make in your life. It is not easy to shut the door on a chapter of your life that involves a person you once held dear and close to your heart. However, in order for you to move on with your life and provide a healthy atmosphere for you and your kids, you must gather the strength and courage to plan your exit strategy so your divorce is an amicable one. 

Procrastination may seem like a welcome distraction because it keeps you from having to figure out all the financial and legal ramifications of your decision. But the more you procrastinate, the harder and more complicated things may become. You certainly should not rush through the process either. Here are some things for you to consider as you strategize your exit from your marriage. 

Are my retirement assets being tampered with during my divorce?

Due to the increasing trend of older people getting a divorce, or “gray divorces” as they are popularly called, older California residents are becoming increasingly concerned that divorce can impact their retirement accounts. Some fear that an ex-spouse might have hidden or moved assets at some point during or before the divorce. Fortunately, there is a way to find out if your retirement assets have been altered by a former spouse.

According to Forbes, in the event you believe you are not receiving enough from your savings over the years with your former spouse in a divorce settlement, checking out the paper trail can reveal possible discrepancies. Many retirement account distributions, such as IRAs, are disclosed on a 1099-R form. If an ex-spouse withdraws money from an IRA to reduce or even wipe out the account balance, the bank or financial institution that maintains the account would send a 1099-R to the party that withdrawed the money and the IRS.

Complex property division issues explained

California law is relatively specific when it comes to the division of property, but decisions often require significant accounting and investigation. A brief review of the how the courts might classify and divide post-marital property often alleviates the frustrations associated with the process. These topics also provide the basis for insight into potential divorce outcomes, as the court tends to treat community property differently than it does pre-marital holdings.

Generally speaking, divorce litigants hoping to establish an asset as nonmarital property must trace the asset back in order to prove ownership. In Community Property in California, Grace Ganz Blumberg outlines the two major California tracing methods:

  • Direct tracing of funds to pre-marital holdings in the account
  • Indirect balancing of family expenses against marital property in the account

Know the ins and outs of dividing retirement accounts

A couple that is going through a divorce may understand the difficulty of finding a mutually satisfying divorce agreement while remaining amicable. This can be particularly true when it comes to dividing retirement funds.

Retirement accounts are frequently among a couple’s most valuable assets. It is therefore crucial to take particular care when dividing them divorce arrangement. There could be major consequences—such as tax penalties, high fees and legal complications—if not done correctly.

Finding common ground in divorce

No one likes the idea of divorce, and that is because, too often, divorce becomes a war between people who at one time cared deeply about one another. Not many things are sadder than that.

At the Law Office of Lily L Huang, we know what our job is during divorce. It is to achieve the client's main objectives - whether they are in property division, child support or custody of the child or children of the marriage.

Is it possible to have an amicable divorce?

When people think of divorce, they typically picture spouses fighting tooth and nail for houses, money and child custody. In some cases, divorce does deteriorate into a fight. But animosity is not always necessary, and it may be in your best interest to work together.

During divorce, spouses separate their lives. It takes a lot of time and energy as parties divide assets, bank accounts and determine child visitation schedules. Why should you consider taking an amicable approach during the divorce process?

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