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San Diego Divorce Law Blog

Splitting up the house in divorce

Dividing assets in the event of a divorce is tricky business. In most cases, it's easy for both partners to agree on living separately, but what about key assets such as the family residence? With sentimentality and memories attached to a home, dividing it or determining who gets to stay or not is one of the most complicated parts of a divorce settlement.

Selling the home

Under California's community property divorce laws, if both parties agree on selling the home and splitting profits, the process is pretty straightforward. Before you can begin negotiations on divisions, you first must figure out the property value. There is an entire industry of property valuation experts available to turn to. In fact, agreeing on the one you will use is often a key part of the settlement negotiations. The expert will then determine a price based on your local market. That seems simple enough, but it is just the first step in what may become a complex component of the final divorce property settlement.

Re-Homing: When your kid wants to live with the other parent

Child custody can be one of the most difficult things to handle during a divorce proceeding, and it can become even more complicated when after custody has been decided, the child later wishes that they could live with the other, non-custodial parent. In the article "Dealing With A Child Who Wants To Change Residency," by the Separated Parenting Access & Resource Center, it is said that the cause for a child to want to change custody is often due to emotional conflict between the child and custodial parent.

"When a child's needs and desires to be with the non-custodial parent are stronger than the desire to be with the custodial parent, this is a clear sign that the child is having emotional conflict and that something is not right in the relationship with the custodial parent."

Making custody work without a legal battle

New custody trends with working moms

With women getting a strong foothold in the workforce and often becoming the primary breadwinners in some families, traditional child custody outcomes have begun to shift. The "tender years" doctrine that provided for favor towards mothers during custody battles was abolished by most states by 1994, and now working women are finding it a liability to be career focused when they enter into a custody battle.

As your kids return to school, be the adults in the room

For most school districts in California, the end of August means the beginning of the school year. Schedules need to be re-adjusted and special room made on family calendars to make room for school activities. The first weeks of September can be challenging for any family. When divorced parents are trying to stay on a strict parenting schedule, the special considerations at this time of year can seem overwhelming.