San Diego- Divorce can be a heart breaking event. Divorce is often made even worse, when one realizes that they can no longer stay in the community home. A home is a place that can become ingrained in a person and a family's entire identity. Its a place where pets are buried and positive memories are created. An ideal home is a place of safety and love. For children the potential loss of the home in which they grew up in can be particularly devastating. A child in a divorcing home is often already being exposed to destruction of the family they know, for which there seems to be no cure. Then to make matters worse, they face the loss of their childhood home and the chance they may be forced out of their school district and into a whole new social scene. There are other options, one option is by agreement or through a San Diego Court order allowing a parent to remain in the community home until the children have graduated high school and then the home can be sold with the equity be divided in accordance with California divorce property division law.
Delaying the Sale of the Community Residence
Under California Family law a custodial parent with an agreement from the other parent or with the Court's permission can remain in the home with the children until a certain date or specified event. The sale of the residence is put on hold until that date and when the property is sold the property division is pursuant to California family law. Why would the Court order the sale of the community home not to occur until long after the divorce is finalized?
Stability of the Children's Lives ( Best Interest)
The best interest of a divorcing couples minor children is q common theme that is found in nearly every aspect of a San Diego divorce matter.The San Diego Family Court recognizes the negative impact that a divorce can have on minor child and will do its best to help mitigate the harm to the child. The California courts recognize that stability in the child's life is extremely important and in certain cases the Judge may make orders allowing the sale of the residence to be postponed so as to provide the child or children with such stability. Some of factors the court will look at are, the age of the children, the proximity of the home to the children's school, the length of time the children have been in the home and the proximity of the home to the custodial parents work. Depending on these and other factors, staying in the home until the children are 18 or out of high school may be a viable option. As with all family law matters, any issues and questions should be discussed with the best San Diego divorce attorney you can find.
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