[Study] The State of Divorce in the U.S.
At Fernandez & Karney, we help families with the divorce process every day. Therefore we wanted to find out just how much divorce rates have changed across the country and in which states people are divorced the most and least often. To this end, we compared U.S. Census American Community Survey results from 2010- 2021 (the latest year available) to examine the issue. Below is the “State of Divorce”…
Read MoreHow To Keep Your Pension in a Divorce
Whether retirement is around the corner or decades away, one of the highest valued assets to negotiate during a divorce settlement is a pension or retirement plan from your 401K, IRA, or FERS (Federal Employees Retirement System) package. Pensions are also among the most complex assets to divide during the divorce process in California, where the state’s equal distribution of marital assets law applies to employee pensions. It can be…
Read MoreCan a Divorce Be Reversed?
Almost no one walks down the marriage aisle expecting it to be a pathway to divorce, but when people change, goals change, or life gets in the way, California courts offer a dissolution of marriage agreement (divorce) as a remedy. By the time the multi-step procedure becomes final, most spouses are relieved to see the ink dry on the paperwork so they can move forward from the distressing process. However,…
Read MoreSpying on a Spouse During a Divorce
According to California’s no-fault divorce law, neither spouse in a marriage needs to show the court that the other did anything wrong in order to achieve a decree of divorce. Unlike decades past, when spouses had to prove that the other committed deep wrongs against the marriage like adultery or abandonment, today’s divorcing spouses only require one party to claim that they have irreconcilable differences and that the marriage is…
Read MoreChild Custody for a Child with Special Needs
Matters of child custody are both legally complex and fraught with emotion, but when a child in a custody dispute has special needs, decisions on custody become an even more demanding challenge to resolve. Deciding on child custody and finding common ground on a parenting schedule for a child who may have a complicated weekly routine for therapies or medical appointments, or who may require a great deal of equipment,…
Read MoreCyberstalking in California Divorce
Most people in today’s world enjoy the way online platforms and electronic resources help to keep us connected to friends and family, but what happens when those same social media platforms, GPS devices, and other electronic tools make it possible for an ex-spouse to stay connected to the other spouse against their will, or in a way that causes them fear? Today’s age of social media apps, AirTag trackers, and…
Read MoreDerivative Benefits and Child Support
Divorced parents who receive social security or disability benefits may have questions about how this source of income affects their child support orders. Beginning in 2014, an appellate court ruling in California ruled that the derivative benefits a child receives through social security do not make up part of the parents’ incomes for purposes of child support. In other words, if you’ve retired or become disabled and your child receives…
Read MoreCalifornia Child Custody and Parents Who are Registered Sex Offenders
The objective of California family court in custody cases is always to rule in the best interests of the child. Making decisions on child custody is a weighty and complex matter, with much consideration given to factors including physical custody, legal custody, and parenting time schedules. But when one parent is a registered sex offender, the usual methods of deciding on matters of child custody are no longer relevant. Instead,…
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