Los Angeles Divorce Law Blog

The dynamics of marriage have changed significantly over the years. The Cleavers of the 1950s are a distant memory to baby-boomers and incomprehensible to most younger couples. While single-income homes still exist, they are certainly the exception and not the rule. And while double incomes are currently the norm, a woman making more than her husband in California is not, and the disparity in income earning can cause problems in a marriage that may lead to divorce. This is according to recent study on the subject.

The perceived reasons for the conflict are many. Male ego certainly comes into play as does a perceived power struggle. In one instance, a woman who earned more than her husband had the final say in many monetary household decisions. This included vacation plans, where to go for dinner and other household expenses. The resulting tension resolved itself when the husband's income reached a level more equal to hers.

Infidelity, money issues and no longer sharing the same interests are just a few of the many reasons couples choose to end a marriage. No matter the reason for divorce, one person delaying the inevitable often leads to frustration and greater animosity. A California court has recently received papers from Tamar Braxton asking for a "status only" divorce. If granted, the parties would be legally single but would still have to resolve various financial and child custody issues.

The "Braxton Family Values" star initially filed for divorce from Vince Herbert a year-and-a-half ago, but nothing more was done by either party until 11 months later, when Braxton pursued full custody of the couple's 5-year-old son. At that time, the judge in the case warned that the original filing would be dismissed for inactivity if Braxton was not more aggressive in seeing it through. Although Herbert was given 30 days to respond to her petition, he disregarded her attempts and she sought to finalize the divorce.

Divorce is seldom easy and can be especially difficult when small children are involved. Child support is frequently part of a divorce settlement where one parent typically pays a specified amount to the other parent, usually on a monthly basis. There are many cases of people owing back child support payments. There is no statute of limitations on child support payments in California.

A recent case involves a divorce that was settled more than 50 years ago. The woman and her husband divorced when their daughter was 3 years old. A judge had ordered that the father pay $210 per month until the girl turned five and then pay $160 per month until she turned 18. The father relocated to Canada shortly after the divorce and did not pay child support.

In today's world a good credit score is a very valuable asset. It can affect one's ability to get credit and can also be a factor in obtaining employment. A married couple often builds a credit history jointly through shared credit cards, mortgages and car loans. If the couple divorces, these debts may be considered part of community property in California.

California is a community property state and as such debt acquired during the marriage is typically considered community property, potentially making each partner equally responsible for the debt. When it comes to negotiating a settlement, it is possible that one person may agree to take on responsibility for a car loan and the other may take responsibility for a mortgage on a summer house, just to give a couple of examples. However, just because the divorcing couple agree and the judge does as well, that will have no affect on one's obligation to the creditors.