Divorce Statistics in 2024

You may have heard from friends or family that half of marriages end in divorce, but is it true? This article digs a little deeper into the divorce statistics in the United States with data and conclusions sourced from a Forbes article, which can be found here: https://www.forbes.com/advisor/legal/divorce/divorce-statistics/

What is the marriage rate in the U.S.?

  • According to the Forbes article, the stats show that the marriage rate is about 6 in every thousand people, and about twice as many people get married each year as get divorced.

So what about that “common sense” stat, that 50% of marriages end in divorce?

  • Yes, it is true that about half of first marriages end in divorce.
  • Unfortunately, the stats show a twist: with second and third marriages, the divorce rate is even higher than half. While this data does not indicate why, many attribute the higher divorce rate in subsequent marriages to pressures of blending families, family pressures, a selection bias of people who find marriage challenging, etc.

How quickly do couples divorce?

  • The average time is about eight years into the marriage.

Do divorced couples still believe in marriage?

  • The statistics show that about half of divorced individuals retain their hope or belief in marriage as an institution.
  • About 64% of men and 52% of women get married again.

Contact an Experienced Attorney for Your Family Law Needs

At the Law Office of David Knecht, we have extensive experience in all aspects of family law. We can help you with divorce, prenuptial agreements, postnuptial agreements, custody issues, and any other family law matter. We all have many years of practice in family law and can help you succeed. Contact us today at 707-451-4502.

Filed Under: Divorce Attorney

Divorce in California and Children with Special Needs

Divorce for parents who have children with special needs can be challenging because issues of child custody, visitation, support and property division can be more complex to negotiate. This article will discuss some important considerations for divorce when children with special needs are involved.

 

 Special needs child custody.  

  • The custody arrangement may need to differ from those of a typical case because children with special needs often require more specialized care and attention. 

 

  • Special needs will likely impact the parenting plan and visitation schedule.

 

  • The non-custodial parent may need to provide additional financial support to cover the costs of any therapy or medical treatments. 

 

Legal custody for special needs children. 

  • Finding the right legal custody plan may be more challenging with a child with special needs because the special needs child may never grow into an ability to make decisions for themselves. 

 

  • For this reason, the legal ability to make decisions for the child’s welfare, such as medical, educational and religious choices may be much longer lasting for a child with special needs than for a typical child. 

 

 Challenges with special needs adults living at home. 

  • Divorcing couples may need to think through how potential challenges will be handled, such as a special needs child being aggressive or noncompliant with taking medications. 

 

  • If the special needs child is high functioning, divorcing parents may want to discuss future issues such as working, driving, access to money, etc.

 

  • Another issue that needs to be considered is how to handle respite care if one parent is taking regular care of the special needs adult, and how to pay for that care. 

 

 Estate planning. 

  • Special needs children may outlive both parents and still need care, so life insurance for the parents and other financial planning for the support of the special needs child is an important consideration in divorce. 

Contact an Experienced Divorce Attorney

At the Law Office of David Knecht, we have extensive experience with both family law and estate planning, so we can help ensure that all the issues are covered for a divorce involving special needs children. Contact us today at 707-451-4502. 



Filed Under: Divorce Advice, Divorce Attorney

The Importance of Full Disclosure in California Divorce Cases

A June 2023 unpublished opinion from Los Angeles County reaffirms the importance of full disclosure in divorce cases. This article will summarize the case and highlight the takeaways for divorce law in California.

What were the basic facts of Frausto v. Frausto?

  • Although this was an unpublished case, it provides an interesting case study on the issue of undisclosed assets in a divorce. 
  • Over 20 years after the court entered a final judgment, the ex-wife filed a petition to adjudicate the ex-husband’s pension, which had not been disclosed. 
  • As per the California Family Code, there is no time limit on the court’s jurisdiction to adjudicate assets that were not disclosed.
  • The court affirmed the order granting the ex-wife an interest in the pension. 

What are the takeaways from this case for a California divorce? 

  • Failure to fully disclose assets in a California divorce will not prevent an ex-spouse from later winning a claim against the undisclosed assets. 
  • The court will not impose a time limit on a former spouse’s claim to undisclosed assets. 
  • The family court has continuing jurisdiction of undisclosed assets, and that continuing jurisdiction can last a long time (20 years in the Frausto case!).  

What are my options if I think that my spouse his assets, but my divorce is final?

  • This case shows that one option if you think an ex-spouse has hidden assets is to petition the court for a share of the asset.
  • An important consideration is to bring your claim as soon as possible. As this case shows, a delay in pursing a claim against an undisclosed assets is not fatal to your claim (the court held that it was not compelled to consider the defense of laches in the Frausto case). However, you can anticipate that your ex-spouse may raise equity as a defense if there is an unreasonable delay in pursing your claim against the undisclosed asset.  

Contact an Experienced Divorce Attorney

Whether you are just beginning your divorce, in the middle, or have post-judgment issues to resolve, at the Law Office of David Knecht, we are here to help you! We have extensive experience with family law which includes all matters concerning divorce in California.  Contact us at 707-451-4502. 



Filed Under: Divorce Attorney, Divorce Lawyer, Divorce Planning

Divorce Mediation Success Rate

According to a recent article published by mediate.com, divorce mediation has an 80% success rate for resolving divorces amicably. Many California couples find that they can use divorce mediation to end the marriage more amicably and faster than battling through the litigation process. This article explores the purpose and benefits of mediation as well as the factors influencing the success of mediation with information sourced from mediate.com.  

The purpose of mediation. 

  • Mediation is voluntary. 
  • Mediation encourages open communication and compromise.
  • The mediator is a neutral third party whose goal is to facilitate a resolution that is acceptable to both parties. 
  • The mediator can give parties unbiased opinions about the strengths and weaknesses of their legal arguments. 
  • The mediator is typically very experienced and can suggest various options to questions involving custody and/or property division.

 Factors influencing success of mediation. 

  • The presence of a neutral mediator balances power and facilitates productive discussions. 
  • The voluntary nature of mediation encourages commitment to finding solutions that work for both parties.
  • The flexibility of mediation allows couples to address concerns and options that are unique to their family and circumstances, which would be more customized than the solutions a court would generally impose. 

 

 Benefits of mediation. 

  • Cost-effectiveness.
  • Speed.
  • A healthier, more constructive transition to post-divorce life.
  • Promotes amicable resolutions, which can help reduce the stress and anxiety of children caught in the divorce process. 
  • Creativity in solution finding is much easier through mediation.

Contact an Experienced Divorce Attorney

The statistics show that mediation can be an effective tool for divorcing couples, and having a knowledgeable and experienced attorney by your side during the mediation process can further facilitate the success of the process.  At the Law Office of David Knecht, we have extensive experience with divorce all other family law matters. Contact us at 707-451-4502. 



Filed Under: Divorce Advice, Divorce Attorney, Divorce Lawyer

Name Change After Divorce in California

According to a 2022 CNN article, about 80% of women in the U.S. change their surname when they get married and a small percentage of men change their name with marriage. 

If you are getting divorced in California, you may also be considering changing your name. Some people want a name change to mark a new identity and others may want to return to a name that was better known professionally or socially. This article will summarize the various processes for name change in California, with information sourced from the California courts self-help resources.

Changing your name back to a former legal name during a California divorce. 

  • There are two different forms to use, depending on whether you are changing your name when you finish your divorce or after your divorce.
  • The forms are FL-395 or FL-180. 

 If you want to change your name to something completely new. 

  • If you want to create a new name, then the process and forms are different than the ones used for divorce. 
  • You would use a petition for change of name. NC-100

 Steps to complete after your name is changed. 

  • Complete an Application for a Social Security Card with the Social Security Administration.
  • Contact the California Division of Motor Vehicles.
  • Contact the California Department of Health to obtain a new birth certificate with your amended name. 

Contact an Experienced Divorce Attorney

Changing your name can be a positive step for some people in starting a new life after the divorce. At the Law Office of David Knecht, we have extensive experience with all matters related to divorce and can assist you in changing your name and following through on the steps to complete after the name change is accomplished. For help with divorce and all other family law matters, please contact us at 707-451-4502. 

Filed Under: Divorce Attorney

How to Survive Living Together During the Divorce

Many couples remain living in the same home during the divorce process, and it is very challenging. This article will summarize best practices suggested by a website devoted to providing support and solutions for thriving beyond divorce, with the source here: https://sasforwomen.com/women-share-how-to-survive-living-together-during-divorce/.

Talk with your children. 

  • It is important for both you and your spouse to explain what is happening and to reassure children that although things are changing, you both love them and are committed to making sure that they are supported and cared for. 

 Take the roommate approach and establish boundaries.

  • Discuss how your home will be divided so that each person has privacy. 
  • Get your own room.
  • Respect boundaries and demand respect for yours. 

 Create a parenting schedule. 

  • Even though you are all under one roof, you are now coparents and need to determine what the parenting schedule is and stick to it. 

Embrace a new normal. 

  • Living together gives you and the children the opportunity to adjust slowly to a new normal. You can model for your children resilience to change and adaptability that may help them adjust positively to their new normal. 

 Practice self-care. 

  • Your physical, emotional, social and professional well-being are paramount for you to navigate the divorce process and be a leader to help your children successfully navigate their new normal also. Do not be afraid to focus on yourself and do what you need to do, whether that be therapy, exercise, relaxation, etc. to take care of your own well-being.

Contact an Experienced Divorce Attorney

The divorce process can be challenging, but finding great legal counsel you can trust can help reduce the stress.  At the Law Office of David Knecht, we have extensive experience with divorce all other family law matters. Contact us at 707-451-4502. 

Filed Under: Divorce Attorney

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

How Should I Tell My School Aged Children About Divorce?

One of the most important and challenging conversations a parent can have with their children is telling them about a divorce. It’s a discussion that will likely always be remembered, so handling this topic is of utmost importance. This article summarizes content from divorcemag.com and provides a checklist for parents to guide them in breaking the news to their children in a positive way. The full article can be found here: 

Affirmation. 

  • Begin by affirming your love for the children and assuring them that you will always be their parent. Tell them that you will always be there for them, but there will be some changes in the family. 

Acknowledge Problems but Don’t Detail Them.

  • Acknowledge that there were problems in the marriage and that you tried to fix them, but do not go into detail about what you think your spouse did wrong. Those are adult issues and too complex and heavy or children, and also you do not want to place your children in a situation where they feel they have to take sides. Be clear with the children that they were in no way at fault and consider apologizing to them for impacting their lives with this new change. 

Consider Your Words. 

  • Consider your children and carefully choose your words. For example, the word “divorce” can be extremely triggering to some children, so you may want to start by calling it a separation. For other children, they may want or need a more direct explanation from you. Make a decision ahead of the conversation about the words you will use. 

Convey Security and Confidence. 

  • Your children need to know that both you and then will be ok. Avoid expressing insecurity about what will happen or how you will get by financially. Try to express confidence and security to your children so that they will feel safe to weather the changes. If one parent is moving out, it is helpful if they already have those arrangements in place so that they can tell the children where they will be and confirm to them that they will still be available and accessible. 

Have the Conversation Together with Your CoParent. 

  • Although emotions may be running high with your coparent, it is often beneficial to work jointly to deliver the message to the children. This can provide confidence to the children that both parents love them and will work together. Emphasize that you will both try to do your best to make the changes as easy on the children as possible. 

Contact an Experienced Family Lawyer

Even if you are just contemplating a divorce, but not certain that you want to go forward, contacting an experienced divorce attorney can be helpful. You can make a plan and know your options. At the Law Office of David Knecht, we have extensive experience helping clients with a California divorce, and we are happy to answer your family law questions. Contact us at 707-451-4502. 



Filed Under: Divorce Advice, Divorce Attorney, Divorce Lawyer, Divorce Planning

3 Myths and Misconceptions about Postnuptial Agreements in California

If you are planning to get married, you may be getting advice from family or friends encouraging you to get a “prenup.” A prenuptial agreement is contract entered into prior to marriage that often contains provisions for property and debt division in the event of a divorce. This article addresses some of the common myths and misconceptions regarding prenup agreements.  

  A prenup dooms your marriage. 

  • Asking your loved one to sign a prenup is not very romantic, but often marriage involves challenges where thoughtful planning and communication can trump the romance and assumptions that come in the courtship stage, which is why loving relatives and friends urge couples to keep the romance alive later in the marriage by tackling tough topics before conflicts arise. 
  • Asking for a prenup is not bucking a trend, but rather following it. As reported on mediate.com, 44% of singles think a prenup is a good idea and 15% of divorcing couples wish they had signed a prenup. 

Prenups are expensive to get or are just for rich people

  • Truth is, not matter how much or little money you have, everyone at some level cares about money because it is the way we survive. 
  • You may have student loans or credit card debts or may plan to incur those during the marriage. 
  • You may inherit money during the marriage. 
  • You may want a safety net against your future spouse’s unhealthy behaviors (money toward addictions, uncontrolled spending, etc. )

Prenups are unfair 

  • The most widely publicized prenup cases are often those that are unfair to one spouse, but the norm is to create a balanced and fair agreement that effectuates the goals of both spouses. 
  • Both parties should be represented each by their own lawyer to ensure fairness in the prenup process. 

Contact an Experienced Family Lawyer

Many couples want a simple prenup that doesn’t break the bank and others want a complex contract that deals with significant assets and future income. Regardless of where you fall on the spectrum of cost and complexity, here at the Law Office of David Knecht, we have extensive experience in prenuptial agreements in California and can help you successfully prepare a contract within your budget that meets your goals. Contact us at 707-451-4502. 

 

Filed Under: Divorce Advice, Divorce Attorney

How Can Prenuptial and Postnuptial Agreements Strengthen Marriages?

Many people are reluctant to broach the topic of a prenuptial or postnuptial agreement to their fiancée or spouse with the concern that it may be seen as a hostile or distrusting gesture, but in an article published at Forbes.com, the author (who is a wealth advisor and divorced parent herself) asserts that these types of agreements can actually strengthen marriage and can avoid disastrous consequences in divorce. 

Why talk about prenuptial agreements and postnuptial agreements before things go sour?

  • Life is unpredictable and marriage is difficult
  • Talking about challenging topics while the marriage is still good is better than waiting until the typically adversarial construct of a divorce
  • Money and communication are the two top reasons why people get divorced,

What is a prenup or postnup and why do you need one?

  • A prenup is a contract entered prior to marriage
  • A postnuptial agreement is similar to a prenup except that it is executed after a couple is already married. 
  • It commonly addresses spousal support and provisions of assets in a divorce
  • It’s not just for the rich and famous. Everyone has something worth protecting.
  • It can address property, debt, future inheritances and earnings. 
  • Information or documents that show assets and debts.

What are topics to consider in a prenup/postnup?

  • Division of assets and debts
  • Amount and duration of maintenance/alimony upon divorce
  • Ownership and use of property 
  • Trusts or wills

Can a prenup or postnup determine child custody or support?

  • No, parental responsibilities and child support are based on the best interest of the children, so they cannot be negotiated in advance of a marriage or divorce.

Contact an Experienced Family Lawyer

An experienced family lawyer can help you with a prenuptial or postnuptial agreement that can save time and anxiety in the future. At the Law Office of David Knecht we have extensive experience with family law in California and can help you successfully prepare these agreements. We look forward to assisting you.  Contact us at 707-451-4502. 

 

Filed Under: Divorce Advice, Divorce Attorney, Divorce Lawyer
Next Page »