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Riverside Family Law Blog

What's so different about a military divorce?

Married couples where one or both spouses are members of the U.S. military are pretty much like most civilian couples in that they are married, often have children and go through similar ups and downs in their journeys like everyone else. However, as a military spouse, you know that there are certain issues you may deal with at one time or another that a civilian married couple will likely never experience, such as deployment.  

In fact, such issues can wear heavily on a marriage and, in some cases, create problems that one or both spouses find unresolvable. Just as daily life presents unique challenges when you are a military spouse, so too does divorce. The more you learn ahead of time regarding child custody, spousal support and even things like pension pay, the better informed and able you will be to achieve a fair and agreeable settlement.  

The aftermath of domestic violence can take its toll

Singer Charlie Rich may have said it best with the lyrics, "No one knows what goes on behind closed doors" in the 1973 song "Behind Closed Doors." Victims of domestic violence would probably agree with this sentiment since families here in California or elsewhere in which such abuse takes place often hide it from the world as much as they can. When it finally comes out and the victims get away, most people pay attention for a short while, but then go back to their lives without considering the aftermath.

Domestic violence is about far more than just physical wounds, which often heal. It is about psychological recovery as well. Victims should have access to the help they need in order to heal their minds and souls. Moving on after experiencing such trauma is not easy. Co-workers, friends and even family members may not truly understand the toll the situation took on the victim.

Numerous financial matters require attention in a divorce

Some California residents leave the money worries to their partners during their marriages. This may work during the marriage, but if a couple faces divorce, then the party who has not been involved in the finances will have some catching up to do. Financial matters take up a significant portion of divorce proceedings, and knowing what to look for and what issues require attention may provide a place to start.

California residents about to enter the divorce process will need to take the time to gain an understanding of the current financial situation. An assessment of what the marital estate constitutes is often the first step. An inventory of the community assets often includes identifying any property that could belong to one party alone. Separate property will be removed from the equation once it is verified as separate.

Military divorce and the USFSPA

Members of the U.S. Armed Forces enjoy numerous benefits due to their service to the country. Their spouses may also enjoy many of those benefits, at least during the marriage. Whether they get to keep those benefits after a military divorce depends on how the Uniformed Services Former Spouse Protection Act applies to the situation.

The USFSPA allows courts here in California and elsewhere to make a determination regarding the division of military retirement pay. This keeps military families from having to go through a separate process in order for a former spouse to receive this benefit. Under certain circumstances, the former civilian spouse may even be able to receive payments for his or her portion of the service member's retirement directly from the government.

Researchers claim link between animal abuse and domestic violence

The reasons behind why a person becomes an abusive partner remain largely undetermined. However, research has demonstrated a link between those who abuse animals and those who go on to commit acts of domestic violence. Many California families have been permanently affected by this serious problem.

Over the past two decades, researchers have made progress in establishing a definitive link between animal and human violence. During this time, those who work in this field have confirmed certain facts that show the correlation between these two violent behaviors. Some of those facts include the statistic that between 49 and 71 percent of domestic abuse victims have reported that their pets have been abused or threatened with violence by their abusive partner. Nationwide, advocates report that an estimated 85 percent of those who seek shelter from abuse indicated that pets had also been abused.

Why will I have to pay spousal support?

Misconceptions about divorce are nothing new, but pervasive myths and half-truths can be confusing if you are ready to end your marriage and unsure of what to expect. This is especially difficult when it comes to alimony. Commonly referred to as spousal support, this sometimes-controversial topic is an important part of California family law. 

If you are ordered to pay spousal support, you did not "lose." Judges take many factors into account before ordering support, and familiarizing yourself with them might make it easier to anticipate whether you will end up paying. 

Rapper Fabolous facing domestic violence charges

A well-known rapper has been accused of threatening a woman with a pair of scissors and punching her in the face. The entertainer, Fabolous, who was in California on business when the alleged incident occurred, has been charged with four felony counts in what authorities are saying meets the definition of domestic violence. He is facing one count of possession of a weapon, two counts of making terroristic threats and one count of aggravated assault to a domestic violence victim.

The incident happened last March when the rapper -- whose legal name is John Jackson -- found out the alleged victim was also in the same area. He allegedly hit the woman seven times, knocking out her two front teeth and supposedly further threatened her and her father. After the alleged assault, the woman contacted her father to remove firearms from a residence she and the accused apparently shared. When the accused arrived at the residence, the woman said he did go looking for the guns which her father got rid of.

Signs that a divorce may be the best option

Every married person knows that a healthy relationship takes a great deal of time and effort. When the desire to continue to work at it has long since evaporated, it may be an indication that a divorce would be the best option. California residents who may be uncertain as to whether this is the right solution may benefit from discerning whether certain indications are present in their marriages.

One of the first indications that it may be time to end an unhappy marriage is the fact that one no longer desires to work things out. This feeling may come about after years of attempting to work out problems, or continual efforts at compromises that never seem to pay off. Once the spouses no longer wish to maintain even a friendship, it may be a sign to move on. In addition, if there are long-standing issues in a marriage, such as infidelity or an addiction, it may be better for both parties to end the relationship.

Facing false allegations? Family law attorney key part of defense

Most people likely never consider the possibility that their life could be turned upside down in the face of false allegations of child abuse. Sadly, misunderstandings or even malicious intent on the part of another could lead to anyone facing a nightmare situation, including damaged relationships with one's children. California residents who find themselves in these disturbing circumstances need the help of the right family law professional who can make all of the difference.

One of the first things most people tend to do when falsely accused is to attempt to cooperate with child protective workers in the belief that the matter can be quickly settled. Unfortunately, many officials tend to believe that most allegations have merit and will seek to aggressively close cases under the guise of protecting children. During interrogations, efforts may be made to mislead in order to get a person to admit to abusive behavior. It may be advantageous to have experienced representation before agreeing to meet with officials.

Study points to professions that may increase risk of divorce

There have been many studies that seek to answer the question behind why some marriages do not survive. In the United States, it is estimated that approximately 20 percent of marriages will end in divorce within the first five years while 48 percent will end within 20 years. There are many factors behind why California residents may seek a divorce, though one recent study is pointing to one possible contributing reason.

Researchers note that divorce filings among those with a college education are lower than among those who have a high school diploma. In addition, those who marry at a younger age may be more likely to end a marriage than those who marry when they're older. The most recent study suggests one's profession may increase the chances of a divorce.

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