Archives for April 2023

Who Has a Better Chance of Getting Custody of the Kids in a California Divorce?

This article considers statistics relating to the physical custody of children and also the legal factors involved in these decisions.   

What are the statistics on physical custody?

 

These statistics are according to data published in 20202, which can be accessed here, 

  • Nearly 4 in 5 custodial parents were mothers. 
  • However, in more than half of the cases, the parties agree that the mother should have custody. 

Does this mean that there is a bias toward mother’s for physical custody? 

  • The legal standards, which will be described below, do not contain a gender bias. 
  • The statistics do not necessarily support the finding of a gender bias in the law because many of the parties surveyed had a parenting plan that was agreed upon by the parties and not based on a court award of custody. 

 

 What are the legal standards for determining physical custody?

 

Some of the factors that a judge may consider are listed on the self-help website of the California courts which can be accessed here. Factors that can be considered in determining the best interest of the child are the following:

  • Age and health of the child.
  • The emotional ties between the parents and the child.
  • The child’s ties to their school, home and community.
  • The ability of each parent to care for the child. 
  • Any history of family violence. 
  • Any regular and ongoing substance abuse by either parent. 

Contact an Experienced Divorce Firm

Each case is different, and whether you are a mother or father, the purpose of the family laws in California are to protect the best interest of your children. You need an attorney who understands family law and has the requisite experience to help you navigate the system. If you need help with any divorce issue or a other family law legal matter, contact the Law Office of David Knecht.  We have extensive experience with family law will listen to you and fight to achieve your goals. Contact us at 707-451-4502. 

Filed Under: Divorce Advice, Divorce Attorney

Divorce and Healing

In a recent New York Times piece, the author describes how close friends became a parachute for her emotionally when she was left untethered and metaphorically free-falling alone after her divorce. 

If you are in the middle of a California divorce or rebuilding your life after finalizing your divorce, you may wonder how to find yourself again. Healing is possible, with healthy coping skills and time. This article will summarize suggestions from physchologytoday.com for healing during and after a divorce.

What are some key takeaways about divorce and healing?

Remember that you CAN heal from divorce with time and effort. 

  • Divorce involves stages of recovery and it takes time
  • Recovery requires a commitment to positive coping skills
  • Healing can take an average of one to two years

What are the do’s and don’ts in the acute phase of divorce trauma?

The acute phase is when you are in the initial shock of the changes in your life.

  • Do understand that this is a triage time and not the rest of your life. Keeping a perspective will help you cope with the trauma in this initial stage. 
  • Do focus on sleep, good health habits, friends and family. 
  • Don’t fall into bad habits with drugs and alcohol.

What is the acceptance phase of divorce healing?

The acceptance phase of divorce healing is a time of strong and extreme emotions. You may swing from anger to grief to guilt, shame or relief.

  • Remember that all feelings are ok
  • Listen to yourself and allow yourself to experience the emotions fully.
  • Find a close family member, friend or therapist to confide you feelings. Expressing them aloud can help you work through them.

 What is the adjustment phase of divorce healing?

The adjustment phase is when you adapt to your new life. 

  • Begin to create a plan for your new financial situation and parenting
  • Consider joining a support group
  • During this time you’ll notice that you are starting to think more clearly and feel more positive about the future. 

Contact an Experienced Divorce Firm

One way to facilitate the healing process in or after a divorce is to choose experienced legal counsel. A family law attorney who knows the system and is willing to take the time to get to know you and your case will help prevent the trauma that can come from becoming a victim to the legal system. Having excellent representation will take some of the stress of the divorce off your shoulders. For help with any issue relating to divorce or family law, contact the Law Office of David Knecht.  We have extensive experience with family law and can help you feel confident, understood and supported. Contact us at 707-451-4502. 

Filed Under: Divorce Lawyer

Divorce and Depression in California

Divorce can be traumatic and can lead to temporary depression or even clinical severe depression. This article will explain symptoms to look for indicating divorce-related depression and share suggestions on how to move forward and feel better with material sourced from healthline.com.

Divorce Can Be Traumatic, Seeking Help Is Vital

Some statistics put the seriousness of divorce into perspective: A 2015 study of over 13,000 deaths concluded that recent divorce increases the odds of death by suicide by 1.6 times.

If you are dealing with severe depression, whether related to divorce or otherwise, seek professional help. There are many mental health resources with information available.

Signs and Symptoms of Divorce-Related Depression

What are some of the signs of divorce-related depression?

  • Ignoring responsibilities
  • Avoiding family and friends
  • Performing poorly at work

What are some of the symptoms of divorce-related depression?

  • Crying
  • Loss of appetite
  • Loss of interest in hobbies
  • Trouble sleeping
  • Irritability
  • Fatigue
  • Difficulty concentrating

Suicidal thoughts (if you are having suicidal thoughts, call the National Suicide Prevention Lifeline at 1-800-273-TALK (8255)

What are some suggestions for alleviating divorce-related depression?

  • Seek professional counseling
  • Write in a journal
  • Exercise
  • Focus on eating healthy
  • Pamper yourself
  • Socialize
  • Try to sleep

Contact an Experienced Divorce Firm

You will have many feelings and thoughts to process during and after a divorce because change is never easy for anyone, but remember that you can get through it and find a new normal. Finding the right attorney that can help you may alleviate some of the stress of the divorce process. You will feel more confident with an experienced attorney by your side. For help with any issue relating to divorce or family law, contact the Law Office of David Knecht.  We have extensive experience with family law and can help you feel confident, understood and supported. Contact us at 707-451-4502. 

Filed Under: Divorce Advice

Estate Planning in California: Unequal Inheritances

For some who are creating an estate plan, a fair distribution may not be an equal distribution. Reasons for this may vary. Perhaps one child is already wealthy while another is needy, perhaps someone in the family is involved in the family business, perhaps certain assets might be more meaningful to one than another. This article will summarize some of the considerations to take into account when creating an estate plan with unequal inheritances, with ideas sourced from https://www.kiplinger.com/retirement/estate-planning-unequal-inheritances-talking-is-key.

Talking to your beneficiaries while you are still alive is key. 

Communication is highly advisable when you have an estate plan with unequal distributions. 

  • Explaining the reasons why you have decided to distribute your estate unequally will go a long way in helping your beneficiaries accept your decisions. 
  • Communication now is more likely to promote family harmony after you are gone.
  • The relationship between risk and reward is a common balancing act in life, so if you explain your assessment of the risks and rewards of each asset to the beneficiaries, it will help then understand the fair approach behind your unequal gift distribution. 

Addressing differences in need. 

There are many strategies for addressing differences in need, and this section will highlight a few approaches. 

  • You may consider involving your beneficiaries in a discussion before you make your decisions on estate planning to get their input as to what they believe is fair. 
  • You may want to pull the wealthy child aside and let him or her know that you will be giving them unequal inheritances, but you hope that they will choose to share it with the more needy siblings. 
  • If you plan on donating to a charity, you may want to prepare your children with a good explanation of why you believe the charity is in more need of the assets than they are. 

Remember that estate plans are not a cure all. 

An estate plan is about wealth transfer, and that is all it can accomplish. 

  • Don’t expect your beneficiaries to change their natures. If you know someone is selfish or hostile or if there is bad blood between family members, you shouldn’t expect that to change just because you are gone. Plan ahead with the personalities you know in mind. 
  • Consider wealth education. If you have substantial assets, you may want to think about what type of wealth education you can provide to your beneficiaries to allow them to effectively utilize the wealth when you are gone. Many estate planning professional will be happy to include your children in discussions about the pros and cons of different estate planning tools, such as trusts, to help them understand and be involved in what will eventually be their future.

Contact an Experienced Estate Planning Attorney

Estate planning involves many important decisions and involving your family members will likely ensure a smoother transition when you are gone. Here are the Law Office of David Knecht, we have extensive experience with estate planning and would be happy to educate or involve your beneficiaries as you see fit. We can help you feel confident, understood and supported as you plan for the future. Contact us at 707-451-4502.

Filed Under: Estate Planning