There are many reasons people divorce. With as many as fifty percent of first marriages ending in divorce and sixty percent of second marriages succumbing to the same fate, it is important to understand exactly what issues couples feel can not be resolved. While nobody could effectively predict, let alone list, all the reasons that have been given for divorcing, here are the top ten reasons people divorce.

1. Lack of communication – Too often people keep little annoyances inside and allow them to build into large problems. The people in the marriage many times expect their partner to know what they need or want without being told.

2. Money – Lack of money creates stress in the best of situations. When one partner is a free spender and the other a saver, this can create additional stress and blame for financial problems.

3. Sexual incompatibility – Two people who do not think of sex the same way in terms of what and how often soon find this a major roadblock.

4. Lack of trust – Before an infidelity even occurs, there is often a lack of trust in at least one partner. This can make the other partner feel trapped. A lack of trust always indicates a lack of love.

5. Unfulfilled needs – This goes back to a lack of communication. Too often we expect our partner to know and fulfill all our needs but that is too much to expect from one other person. The pressure can become too much.

6. Personal growth – This happens most often when the couple marries young. As we age, some people grow emotionally. Some people find they want a different direction in life. When one partner grows and the other doesn’t, or they grow in different directions, the marriage falls apart.

7. Family interference – Many couples spend too much time involving friends and family in their disagreements. Instead of working on things themselves, they allow family and friends to exert too much influence on their decisions.

8. Lifestyle differences – This often happens when there is an addiction involved. One partner may be a heavy drinker and the other doesn’t drink. One may become addicted to either prescription or illegal drugs and the other partner can no longer deal with the fallout.

9. Arguing – Some couples thrive on arguing constantly, but most get to a point where they don’t want the constant drama and upset. When every little thing sets off an argument, life becomes unhappy and divorce normally follows.

10. Abuse – This can be either psychological verbal or physical abuse. Either partner can be the abuser. As more people are becoming aware of what abuse can do even generations later, couples are splitting up and the abused partner getting to safety sooner.

Regardless of the reason given for divorcing, many boil down to not really knowing the person you are marrying. The ease of divorce makes it easier to jump into marriage. Taking the time to really know the person you are seeking to spend a lifetime with will help make that lifetime not only possible but also enjoyable.

Divorce is frequently, but not always, a fraught topic for many couples. The reason is that divorces bring into play a number of complicated issues like child custody and visitation rights, potential alimony payments, and often the division of assets and debts post-divorce.

So, how exactly does the court view property within the context of marriage and divorce? Just considering some of the things involved and how those, even theoretically, should be divvied up can be daunting. How does someone get half of a car, for instance, or how should pensions and stock options be handled and equitably divided?

Those are great questions, but first, let’s consider what assets are typically involved in divorce proceedings. One of the most common material assets brought up within the context of family law is physical property like homes as well as rental properties and vehicles. Financial assets like stock options, retirement plans and pensions, certain businesses and brokerage accounts might also come into play.

Equitable Distribution and Community Property 

The law in some states maintains that all property acquired after a marriage should be split 50-50 following a divorce (community property state) whereas other states say that the division doesn’t need to be a 50-50 split but merely equitable.

California – along with states like Arizona, New Mexico, and Washington -are community property states where any property that is acquired after your marriage date is divided equally following a divorce. Believe it or not, though, California is one of the exceptions and not the rule in America since most other states are equitable distribution (a.k.a., common law property) states in which judges have more latitude in how they divvy up property.

The interesting thing is that in community property states like California both spouses are said to have equal rights to all material and financial assets acquired after the marriage date. This means that if for instance, only one spouse had steady employment throughout the marriage or earned considerable more than the other spouse, assets are divided up equally between spouses in a divorce proceeding in states like California.

The flip side is that both spouses are considered liable for debts in the same 50-50 manner. In equitable distribution states family law judges would have the legal latitude to give the higher earning spouse more of the debt burden during divorce proceedings, but in a community property state like California, the judge should be applying the “equal ownership” concept to assets and debts alike. This includes credit card debt, interest, car loans and even home mortgages you might be struggling to pay down.

Are There Limits to Community Property? 

Simply put, yes. These limits are dictated by one overriding factor: time. Assets acquired before the marriage and/or after couples have separated with the intention of terminating the marriage are considered separate property owned by each individual spouse. The title to a home or title to a car, as well as other physical property, owned by one spouse prior to the marriage, should be owned by that same spouse post-divorce.

The interesting wrinkle to all this is that sometimes individual property and community property mix during the course of a marriage.

What happens then? If one spouse works at a high-income job throughout the marriage and uses that income to purchase a car or home, then in a community property state like California that car (or more likely, it’s blue book value) would be split post-divorce between spouses. Value appraisals for other material assets like homes, antiques or even retirement assets will typically be valued by relevant authorities like accountants, financial experts and judges themselves.

Divorce is angst-ridden enough without the fiscal complications, but you’ll make it through the financial year more smoothly if you get to know the tax laws. The IRS generally thinks of you as married until the end of the tax year, so even if you divorce on New Year ’s Eve, your marital status won’t change when it comes to what you owe the government. Nothing is ever quite that simple, though. There are more tricks to filing that you need to consider.

Filing Status

The IRS doesn’t always use federal law to determine your marital status. You will have to check the laws of your state. Some let you separate under a decree of separate maintenance, which means you’re considered married until the last day of your divorce. The U.S. hasn’t caught up when it comes to registered domestic partners, who can’t file joint returns under any circumstances.

• If you’re under a decree of divorce, you must file as the head of your household or as a single person.
• If you’re still married, you can file your taxes as a couple or separately under ‘married filing separately.’ Filing jointly is usually easier on the pocket.
• Federal taxes are usually lower if you file together.
• Head of household status can be used if you have children. It comes with extra tax benefits and lower tax payments. If you have custody and will be unmarried by the end of the year, you qualify for this benefit as long as the children are your legal dependents. The IRS redefines custody frequently.

Exemptions

If you divorced last year and have custody of children, you might qualify for childcare and education tax credits. Child support payments aren’t deductible, but they’re not considered income either. Alimony is taxable income, and if you’re the one paying it, it’s fully deductible, too. However, if you receive it as a lump sum payment, it won’t be taxable or deductible.

Tax Returns During Your Marriage

Even if you file separately, you’re responsible for your prior tax returns from years when you filed together. Joint tax returns come with enough complications to make your head spin, so make sure you handle them well in advance and keep yourself safe with an indemnification agreement. This way, if your spouse has due taxes, you won’t be held responsible for them. Any overpayments should be allocated in the divorce proceedings. If your spouse added your name to their returns during your marriage, consent must be formally revoked.

Assets

If you have assets that will be transferred to you during your divorce, they will count as capital gains. When married, you’re not taxed on your home if it’s under $500 000, but when single, you’re only exempt up to $250,000. If you sell the house as a part of the divorce, you might qualify for a reduced exclusion, depending on whether you’ve lived in the home for at least two years of the last five. Retirement assets can be cashed out, but you will have to pay tax on them. The only way to avoid this particular payment is by transferring the funds to your ex-spouse under a Qualified Domestic Relations order.

If your spouse agreed to a joint return and refused later, you’re unlikely to get a court order to force them.

Divorce comes with its fair share of chaos and confusion, and tax law is constantly evolving, which could push you into a different tax bracket. It’s critical to check current state and federal law or, even better, hire a competent professional to advise you.

Divorce at any age is difficult, both emotionally and financially and a late-life divorce can be even more devastating. As the population in general ages, we are seeing more divorces occurring in couples who have been together for decades. These “gray divorces” pose additional issues that are often not present in a divorce between younger couples.

A Late-Life Divorce: Going From We To Me

Many couples over fifty may be on their second or third marriage. Others have been together for thirty years or more. They have bought a home, raised a family and prepared for retirement. Determining who gets what is more complicated than I’ll take the house and you can have the car. The longer the  couple has functioned as one unit, the more difficult the financial aspects, in particular, can be to sort out.

Your Home

Determining who gets your home isn’t simply a matter of handing over the deed. The person who keeps the house will need to take into account the taxes they need to pay every year, the cost of any repairs and if the home is to become rental property, the income that may be generated from it over the coming years. This can all have an impact on alimony payments, the division of other property and even how retirement benefits are divided. If you sell your home, living expenses change regarding needing to pay rent and utilities.

Retirement Benefits

Retirement benefits are even more complicated to divide in a late-life divorce. You may have contributed equally to any retirement plans or one partner may have been the sole contributor. In either case, the benefits will need to be divided so that each person has something to live on during those years. Division of retirement benefits will depend greatly on other financial factors. How will the divorce affect social security payments if the original receiver dies?

Health And Life Insurance

Aging couples often have to deal with decreasing health in addition to other issues. Who is responsible for the health insurance, and how much, becomes a factor. Life insurance policies often have each half of the couple listed as the beneficiary. It will need to be determined whether this is to remain the same or if the beneficiary information will change. It is possible that if either party remarries, financial information will differ and you need to take this into account.

Estate Planning

Wills need to be re-examined in light of the changing relationship. As a couple, you may have written wills to reflect your partner as the sole recipient of your property and other assets. You may have left that partner in charge of carrying out your final wishes. Now, you will both have to determine if this arrangement is actually the best for both of you. Often, it will be better to revise each of your wills to reflect the changed status of your marriage.

Seeking Assistance

Later-life divorces have so many financial nuances that going it alone can make it confusing and make an already chaotic time overwhelming. Seeking the aid of an experienced divorce lawyer who has knowledge of all the special financial considerations unique to late-life divorce. Seeking assistance can make a major difference between being able to survive this split with enough to get through the remaining years of your life or being destitute and feeling like you are completely starting over financially. In the end, you have enough to deal with emotionally that you don’t need the stress of trying to untangle the financial aspects alone.

The process of legally separating from somebody with whom you’ve been previously tied, perhaps for many years, sounds like a complicated process. That’s why most people don’t think getting a divorce is going to be fast and pain-free. However, the lengths many people go to during a divorce can make the process so complicated that even the cynics among us find it miraculous.

Why are divorces really so complicated though? While it depends on the couple, and every situation is different, there are some common reasons why a divorce can be a long, drawn-out affair.

Real Estate And Assets

When a couple owns a home together, trying to decide who stays in the house can be a major issue. If the couple used joint funds to buy the home, determining who will stay and how funds will be paid to the person relocating can be very tricky. It can also make tempers flare since many situations lead to both partners feeling like they’re entitled to stay in the home.

Other joint assets like investment and retirement accounts complicate the divorce process further. Splitting investments isn’t always as easy as cashing out an investment plan, and in many cases, dividing them is the best choice for both partners.

Figuring out who gets what and why can be a serious problem however, especially when both partners want to retain the same assets.

Spousal Support

Spousal support, or one partner paying to help the other support themselves after a split, can be troublesome for many couples. The most common problem when it comes to spousal support is the amount one partner pays the other.

Often, the individual that has to pay spousal support may feel like they no longer should have to pay for their partner since they’re no longer connected to them. At the same time, the person looking to receive financial support may feel they’re owed payment because of money earned in the relationship when they were an equal partner.

When couples can’t resolve this issue on their own it is often up to the courts to determine what is fair. That makes the issue of spousal support one that could take months or years to completely hammer out.

Do You Have Children?

One of the biggest reasons divorces can become complicated affairs is trying to figure out who will take care of the children and when. Many parents want equal custody, but in some cases, one partner may want that while the other wants full rights to care for their children.

In some cases, you’ll also find that parents argue over when they get to have their children at the home. If both partners work for example, weekends are going to be when parents want to spend time with their kids.

Cases where one parent things the other is an unfit caretaker also may divorce very complicated. These divorces can drag on for months and often turn nasty very quickly.

Hiring The Right Attorney

Getting a divorce isn’t always going to be a simple task. Even when young couples with few assets and no children get divorced, the process can take months.

Hiring a skilled attorney to help you negotiate divorce is something you need to do. Even if you don’t want a contentious divorce – and nobody really does – you need somebody on your side to make sure whatever arrangements are made are fair to you.

Hiring the right attorney can also keep conversation between you and a former partner from turning into screaming matches. If you’d like a free telephone consultation, please contact us at (510) 521-9500 for our East Bay office, or (415) 482-7800 at our San Rafael office.

There is no question that divorce is a time of stress and can bring out the worst in us for a period of time. There aren’t many people alive who don’t have the ability to respond negatively to divorce.

But sometimes the negativity and stress go beyond normal and develop into what is now being called a “malignant divorce.” It’s one way of describing a divorce that involves high-conflict and often toxic behavior. Fortunately, most divorces don’t descend into the kind of hostility and potential danger that malignant divorces do.

What Are Characteristics of a Malignant Divorce?

Hostility perhaps best defines a malignant divorce. Instead of legal negotiation when it comes to issues such as child custody and how to divide marital assets, a couple resorts to hostile confrontation. Malignant, high-conflict divorces typically involve the following personality types and the resultant behaviors which come with each:

The Victim.  When one of the parties in the divorce is obsessed with the idea that they’re wronged – as well as the certainty of it – then they’re acting in the role of the victim. He or she believe that they’ve wasted years of their life being with you, or that you’re now unfit to take care of your children.

Control Freak.  He or she may have been a control freak during the marriage and is now taking it to a new extreme during the divorce. He’s now planning every detail, such as documenting your incompetence, so he cannot lose in court.

Narcissist.  This is a common type of behavior type when it comes to malignant divorces. The person is completely self-centered and self-serving, and even more so now during your divorce. He or she will completely dismiss your needs and all of the history of devotion and companionship you once had.

Avenger.  This is the most dangerous type of participant in a malignant divorce and the behavior can be a natural extension of the traits listed above. The avenger is not just interested in winning, but is obsessed with you losing and, hopefully, losing in a miserable way.

What Else Characterizes a Malignant Divorce?

The speed at which it occurs, as well as the ferocity, are two common characteristics of a malignant divorce. What was once an ordinary, functioning couple, is now two people at each other’s throat in what seems like the blink of an eye. Resentments that have festered over the years are suddenly out in the open, and with a vengeance. Pent-up anger comes pouring out and what was once love turns quickly to hate. A person that you were once sexually attracted to now seems repulsive.

As previously mentioned, the ferocity of a malignant divorce is enough for both parties to renounce the good history they had together, including the family you nurtured, to be swept away in anger and victimization, and an obsession with being the one who ‘wins’ when the divorce goes to court. Normal communication dissolves into accusations, blames and threats. Everything, from the house, to the kids, to dividing of the assets becomes an issue.

A reasonable divorce, on the hand, occurs when the couple value what they had and mourn the loss while recognizing that the relationship has ended. But one of the ironies of divorce is that the force needed to blow apart what was a close-knit family is enough to bring on the ferocity of a malignant divorce.

If you’d like a free telephone consultation, please contact us at (510) 521-9500 for our East Bay office, or (415) 482-7800 at our San Rafael office.

Going through a divorce is not an enjoyable experience to say the least. It is one of the most stressful things that two people will ever have to go through in their lives. When a couple decides that it is time to go their separate ways, they have a lot to think about, a lot of decisions to make. They have to think about their kids and where they will go, what to do about their house, their pets, other assets and so on. One other thing that has to be taken into account is the tax implications that come into play when you are talking about a divorce.

Taking care of things on the tax side is pivotal:

Settling on Property

One of the tax implications that goes along with a divorce is that of figuring out what to do with property from a tax perspective. It is far more difficult to figure out tax implications relating to property than it is dividing up the property in the first place. Certain assets, such as a home with a mortgage, are going to have tax liabilities or benefits, while others may have no tax implications at all.

Child Support

Child support payments are not deductible on your personal income tax return, no matter what other people may actually tell you. So when you are paying child support, do not do so thinking that you are going to be able to get a deduction as a result of it. This can cause issues with the IRS when you try and use these things to take away from your taxable income.

Tax Exemptions

When you have children you have the ability to get tax benefits and exemptions. A child can get you an exemption of thousands of dollars and figuring out who is going to be able to claim the children and the exemption or exemptions is very important. Generally whoever has custody of the children is going to be able to include them on their tax return.

Alimony Payments

Alimony payments, contrary to child support payments, are something that is tax deductible. If you are the person that is paying out the alimony payments, you get to deduct these to reduce your taxable income.

Tax implications relating to a marriage are important to pay attention to. There are just so many different areas where taxes can come into play. When you are talking about property, alimony, child support, understanding how to file your return and what you can deduct and not deduct is pivotal to accurately settling with the Internal Revenue Service.

Divorce will always be the end of something to which your child or children are accustomed, but this transition often brings plenty of positive changes. With a little help from the countless experts devoting their studies to helping everyone involved in this kind of situation, you can showcase the good coming from this change and diminish its more worrisome effects. Following these tips should improve you and your children’s abilities to stay positive through the trying times to come.

Inspire straightforward, positive and open communication

Solid communication between everyone involved is the key to making the best of this situation. Experts agree that the level of hostility between parents is one of the most influential factors for children coping with divorce. Regardless of how things ended with you and your ex, you both need to put work into keeping your relationship strong and honest.

Your child or children must also be given a voice. Encouraging children to talk it out with someone empowers them, which is vital for them when facing such a potentially stressful future. Not listening to them incurs the opposite effect, and any loving parent can see why essentially taking away the child’s voice at this time would be plain awful.

This includes both parents’ ability to avoid “sugarcoating” anything. You cannot make excuses for your ex or the situation, but you also don’t want to blame or insult your ex, either. “Badmouthing” your ex is a lose-lose-lose situation. Your child will think less of one, if not both of their parents, and possibly feel worse about themselves in turn. Both “badmouthing” and “sugarcoating” can put your child or children in situations where they feel like they have to choose a side. This should be avoided at all costs, as the comfort of any children in these moments relies greatly on their ability to feel supported by both sides.

Give everyone involved their opportunity to speak with a psychologist

Sometimes we could all use a professional listener, which is a key component to the psychologist’s duty. The ability to speak with someone outside of the family and uninvolved with the divorce lets kids speak their mind freely. This can be vital to their coping ability and overall comfort with what’s going on, and it also gives them a chance to speak with a professional about any other personal matters that could be troubling them.

If you and your ex are having trouble coping with one another without hostility, you should both reach out for psychological support as well. As mentioned before, the level of hostility between you and your ex plays a huge role in the children’s ability to flourish through this trying time. The ability to talk with an unbiased professional goes hand-in-hand with the previously mentioned strategies of openness and proper communication.

Learn to say “hello” and “goodbye” properly

Sending the kids off for their time with the ex can be very difficult, especially at first, but your strength in these times affects your child’s strength. Leave with a smile when you drop them off, and never let them feel like you’re upset about leaving them with your ex. Make transitions as positive and peaceful as you can, and find a way to leave that works well for you, your ex and your children. Allow your child feel as little tension about these drop-offs and pick-ups as possible.

With some hard work from you and your ex, your two new families can thrive instead of just survive through these tense times.

Hiring a divorce attorney and proceeding through the divorce process does not have to be the horrific endeavor that is commonly portrayed in pop culture and media. While it is true that during a divorce, emotions do run high, what is important is getting the right attorney to help you with the process. There is a lot of information available but critically, not all this information is accurate or helpful in making a determination if a specific attorney is right for your case. Knowing what to ask a prospective divorce attorney is important to your situation and circumstances. Therefore it is vital to ask right questions of any attorney you are considering.

Eight Important Questions To Ask A Prospective Attorney

Due to the fact that speaking with an attorney about your pending divorce involves discussing personal aspects of your life, it is crucial that you feel comfortable discussing with your divorce attorney all the relevant information necessary. To help ascertain how your potential attorney can help you, here are the eight important questions to ask.

• Is Family Law a specialty for you and how many years of experience do you have in Family Law?
• Who will be working on my case? Will there also be associates or junior attorneys assigned to my case?
• What steps are involved in the divorce process?
• Are you familiar with the local Family Law Judges and how they tend to rule?
• Are their any resources you recommend for clients?
• Will we sign a written retainer agreement?
• Will the invoice be itemized?
• How will you communicate with me and how often?

It is important for your situation to find the most qualified attorney possible. Family Law is an ever changing construct of different laws, rulings or precedents and societal norms based on a wide range of variables and will differ from state to state. However, the basic questions above allow you to evaluate a potential attorney and their ability to assist you with your specific case and circumstances. Other aspects such as children in the relationship and property will and can have an effect on your specific case and in some situations the scope of the case could be widened to encompass other attorneys as part of the process. However, these questions are still valid for those rare circumstances where this situation occurs.

Your attorney is your trusted partner in handling your divorce case. When engaging a prospective attorney, be sure to provide the attorney with as much initial information as possible so the attorney can determine how best to help you. Remember, the attorney is your representative and therefore should have the same information that you do concerning your individual circumstances.

Divorce includes many pressing issues like child custody and alimony, it is often easy to overlook some of the smaller long-term decisions you need to make. Changing your name is a decision you should consider carefully before finishing your request for a final judgment.

Some things to consider as you decide if you want to keep your married name or change it.

The Process.  The process of changing your legal name during a divorce in California is simple. You simply need to request that a name change order be included as part of the final judgment in your divorce. This is the easiest way to take care of changing your name if you are certain you want to. However, if you are unsure, there is also a provision in California law that will allow you to request an alteration of your final decree at a later time. You can also have your name changed to something other than your maiden name, but this requires you to follow the process for a standard Petition for Change of name, and is a separate process from your divorce proceeding.

Impact on Children.  There is often a strong emotional reaction to names for people. Wives and husbands often feel the need to have the outward sign of a name change to signify the end of their relationship. But, parents are often concerned that their children may suffer from having a different name from their mom. In most instances, the courts will not change the name of minor children as part of a divorce proceeding, even if their parent has a name change. The good news is that children having different names from their parents is not nearly as stigmatized as it once was in society, nor is it confusing for things like school records. If you desire to go back to your maiden name, be sure to talk with your kids about the situation and let them know the change in name does not change your relationship with them. Lay the groundwork for them to be able to come to you with any concerns that might come up about having a different name than yours.

Updating Your Information.  If you have no particular feeling toward your last name, and there is no overriding need to change it, the biggest factor in your decision may be whether or not you want the hassle of updating all of your accounts and documents to reflect a new name. Take time to make a list of all the various items and accounts you will need to update. The most important are:

• Driver’s License
• Social Security Card
• Bank Accounts & Credit Cards
• Passport
• Loans or Mortgages
• Investment Accounts

Most other items can be updated as you run across them, but having a list of everything does help make the process easier.

Impact on Your Business or Profession.  If you are a professional, or own your own business and it is associated with your name, it may serve you better to keep your current name. Often times after being married for many years, people will choose to keep their married name, or hyphenate back to their maiden name, to maintain the name recognition they have worked so hard to earn over the years.

If you have questions or aren’t sure about whether or not you want to change your name, your attorney can help you list out and weight the pros and cons.