Fair Cadora San Diego Family Law Attorney Blog
Posted By Fair Cadora, APC
Cohabitation, or living together in a long-term relationship as though you were married, is growing more common. Between the high costs of living and relaxed social stigmas on living together before getting married, many couples often choose to get a place together before tying the knot. As a result, complex lawsuits have arisen which have begun to question whether cohabitation periods can apply to divorce agreement provisions, most notably alimony.
Cohabitation Before a Divorce
If you and your partner decide to move in together for a significant period before getting married, courts have begun to rule that spousal support must be paid after the divorce is finalized for the entire duration of the couple’s living together, including the cohabitation period. This is particularly true of cohabitation periods of several years or more.
Normally during this period, the couple will acquire more assets and wealth, change employment, and have other factors influence their income and quality of life. If the couple then decides to marry and divorce, the judge will most likely rule that the start of the cohabitation period will be the date used to determine alimony payments, not the start of the marriage. This is because the receiving spouse may have made decisions regarding their career and employment as a result of moving in together that can negatively impact them now that they are divorced.
Cohabitation After a Divorce
In California, the law states that if the receiving spouse begins cohabitating after a divorce, then they are presumed to have a decreased need for spousal support. There are ways to prove that your ex is cohabitating as well, including receiving their mail at their new partner’s address, combining bank accounts, having a child with their new partner, and more.
When this is the case and you wish to modify your alimony obligation, you can request a modification or even full termination of your requirement. It’s important that you keep up your obligation until this motion is passed; if your motion is denied you could potentially be found in contempt. Instead, you can request that your modification be applied retroactively to the date that the motion was originally filed.
If you need assistance with a cohabitation or any other family law matter, the San Diego divorce attorneys at Fair Cadora, APC may be able to assist you. We have a passion for people and we strive to put the law on the side of all of our clients using our considerable experience and legal knowledge. Our attorneys have even received some of the industry’s highest accolades; Attorney Fair has been named a Bar Certified Family Law Specialist, and Attorney Cadora has served as a temporary judge in the San Diego Superior Court.
Call Fair Cadora, APC today at (619) 432-3555 and receive a free 30-minute confidential consultation to find out more about cohabitation or any other family law issue.
Posted By Fair Cadora, APC
For some people it seems like the holidays and stress go together like turkey and stuffing. Between the family gatherings, gift shopping, busy work schedules and other time drains, it’s no wonder we often find ourselves exhausted and just looking for a break during the year’s final months. For families who have just finished the divorce process, this season can become even more difficult.
Children often find themselves dealing with a lot of unknowns in their first holiday season after a divorce, and this can cause them a lot of stress and unhappiness. Here are a few valuable tips for helping your children to get through this trying time and adapt to their new family circumstances.
Create New Traditions
Your children may have grown accustomed to and enjoyed their annual holiday traditions, and the thought of not getting to do them anymore can be painful. So as a parent, if possible, try to continue some of these favored traditions. If not, the holidays are also a great time to make new traditions. Find out what your kids like to do and make an effort to do that instead. It may be a great way for parents and children to discover something together that they never knew they loved.
Give Your Kids a Voice
It’s easy to lose track of the fact that your kids may be experiencing similar emotional stress during the holidays as you are. Sometimes they can feel as though they are forced to keep that stress bottled up which will only lead to them being even more unhappy. To solve this, talk to them. Give them a voice and let them express how they feel, what they want to do, and where they want to go. Do your best to accommodate these wishes if possible; they are a member of your family after all.
Create a Schedule and Stick To It
One of the biggest stresses for kids is the unknown; changing holiday traditions and the thought of spending these days with two different families can be scary for kids who have never experienced it. Working together with your ex and coming up with a schedule for the holidays is a great way to help your kids know what to expect and alleviate some of their stress. This may require some considerable flexibility on the part of both you and your ex, but putting aside your differences for the betterment of your children can make the holidays happier for everyone.
If you need assistance with your own divorce case, our San Diego divorce lawyers have the experience and skill to provide you with top-rated legal counsel. At Fair Cadora, APC, we understand the difficulty a divorce can have on your entire family, particularly during the holidays. We strive to provide each of our clients with compassionate and effective counsel to help their case come to a positive conclusion and leave them in the best possible position for the future.
Let us review your case! Schedule your initial consultation with Fair Cadora, APC today by calling (619) 432-3555.