Ask a Family Attorney – Types of Divorce Cases
Every California divorce case has its own unique set of issues. Some are quick and easy and some drag out for years. The complexity of a divorce case depends not only on the particular issues that need to be addressed in the divorce, but also on the willingness of the parties and the attorneys involved to be reasonable and open to compromise. The following are some examples of circumstances that make one divorce different than the next.
Short Term vs. Long Term Marriages
In California family courts, long terms marriages (marriages lasting longer than 10 years), and short term marriages (marriages lasting less than 10 years) are treated differently when it comes to the duration of court ordered spousal support. Further, in longer term marriages there are often more complex asset and debt division issues as well as rights to various types of financial reimbursement.
Divorces including Minor Children
Divorces including minor children must be treated with care and always with the presence of mind that children know what is going on and are often blame themselves for the separation of their parents. It is very important to insulate children of divorce from the court process and emotional turmoil as much as possible. Litigation regarding the custody of minor children is hands down the hardest part of a family law attorney’s job and most often the most painful experience related to the divorce process for the parents involved.
If we could give one piece of advice over any other to our clients going through a divorce with children it would be to do all that you can to work together as parents despite the personal issues that you may have with one another.
High Asset vs. Low Asset Divorce
Low asset divorces are generally much simpler to resolve considering that not much is at stake from a financial perspective—of course this is all subjective. Often it is better to cut your losses than to pay an attorney more than the fight is worth. On the other hand, the higher value of the marital estate, more is at stake, considering the respective claims of the parties sometimes it makes sense to spend more money and effort fighting for a particular interest. This is not to say that high asset cases don’t ever settle—just that at times it makes sense from a legal and financial perspective that a particular claim should not be conceded for the sake of settlement. You always want to balance the amount you will pay to fight for a claim against the potential outcomes–win, lose or draw. A good family law attorney will give you realistic expectations and advise against throwing good money at a losing battle.
A divorce involving one or both spouses serving on active duty presents many unique challenges and requires a creative problem solving approach—especially for cases involving the custody of minor children. Divorcing military families require co-parenting plans that must consider abnormal work schedules, frequent moves, and deployments. There are also special rules for military divorces regarding health insurance benefits, division of retirement benefits, and procedures for case progress when one party to the action is deployed.
We represent military families (both service members and spouses) at an increasingly high rate considering the concentrated military presence in San Diego County. We also offer a military discounted hourly rate and flat fee services to military members and spouses.
Check out John Griffith’s article on Military Divorce
With the recent evolvement of civil rights and protection of the right to marry for all California residents, gay divorces have come on to the scene for California divorce attorneys. As the federal government continues to afford equal access to martial rights and benefits, gay divorces in California are becoming more and more similar to traditional divorces with respect to property and financial support rights. As this area of law develops the California legislature will have to deal with more complex parental rights issues related to gay divorce as our statutory schema related to resolving parental relationships is largely catered to the traditional marital relationship.
Regardless of the type of divorce or family law issue you are dealing with, the divorce attorneys at Griffith, Young & Lass have considerable experience regarding any issue for which you require representation or counsel. Call our office today for a free consultation at 858-345-1720.