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Deciding to file for divorce is among the toughest situations a person can face, as is receiving legal notification of that decision as an unsuspecting spouse. You may feel like your life has been turned upside down, and you may have no idea what tomorrow will bring. When dealing with a family matter such as divorce, move-away, child custody, child support, spousal support, and modifications, it is important to choose an attorney you can rely on. Having the right lawyer can make a big difference in the process and outcome of your divorce. Aloha Divorce strives to secure the outcome you need and to deflect much of the stress, as we provide steadfast legal counsel you can trust throughout your case.
While you are wedding planning in California thing that should be on your checklist is a prenuptial/premarital agreement, commonly referred to as a “prenup.” A prenup is a written contract entered into by a couple engaged to be married, executed before legal marriage, and is effective upon marriage. It typically addresses property and debt each person already owns; their property rights after marriage; property disposition at separation, divorce, death, or another event; choice of law; and spousal support limitation or waiver. There is a common misconception that prenups are only for the wealthy. However, every couple can benefit from having a prenup. If you don’t have a prenup, you essentially agree and submit to the state of California’s prenup upon separation through the CA Family Code and published case law. Without a prenup, you agree to the creation of community property, the obligation to cover all community debts, known or not, and the long-term spousal support framework. By having a prenup, you can avoid opting into an often-misunderstood set of laws without informed consent.
Parents who separate will need to have a plan for deciding how their children will be cared for and where they will live or spend time. A parenting plan, also called a "custody and visitation agreement," is the parents' written agreement about time share and decision-making. With a written plan, you and your children will know what to expect and will have fewer conflicts about shared parenting time. Opting for a parenting plan has several advantages over pursuing a court order for the following reasons: 1. Control and Flexibility: When you and the other parent work together to draft a parenting plan, you have greater control over the terms and conditions of custody, visitation, and child support. This allows you to create arrangements tailored to your specific situation and your children's needs. On the other hand, court orders can be more rigid and may not consider unique circumstances. 2. Cost-Effectiveness: Pursuing court proceedings can be costly in terms of legal fees, court costs, and other associated expenses. Drafting a parenting plan involves fewer expenses, as it generally requires less time and effort from legal professionals. This cost savings can be particularly significant for both parties in the long run. 3. Quicker Resolution: Court cases can be time-consuming and may lead to delays in finalizing child support and visitation modifications. Drafting a parenting plan can expedite the process, allowing you and the other parent to reach an agreement more swiftly and reduce potential conflicts. 4. Maintaining a Positive Co-Parenting Relationship: Collaboratively creating a parenting plan fosters open communication between co-parents and promotes a healthier co-parenting relationship. This can be invaluable for the well-being of your children, as they benefit from reduced tension and increased cooperation between both parents. 5. Privacy and Confidentiality: Court proceedings are public matters, and sensitive family details may become accessible to others. By opting for a parenting plan, you can keep personal matters confidential and avoid unnecessary exposure.