September 26th, 2017
Ways parents can protect children during a divorce
Story Source: New York Daily News
Arguments during a divorce can be very heated, but this article helps talk about different ways you can go about protecting your children from these contentious moments.
September 24th, 2017
Going public with a relationship too soon post-divorce?
Story by: Chicago Tribune
A lot of people wonder when they should come out and announce a new relationship after a divorce. Listed below is a link to an article that could be helpful.
September 22nd, 2017
Courts do not take the subject of modified child custody laws lightly. But, if the court believes that a modification is truly in the best interests of the children involved, But they will not hesitate in modifying existing child custody orders if they feel modification is really in the best interest of the children involved.
Courts in California like to see both parents play a large role in their children’s life. Courts tend to lean towards decision that accommodate the idea of the parents playing a big role in the kids lives. Courts typically give the benefit of the doubt to whichever party’s request will lead to the parents sharing equal time with their children. If a modification of the current custody order will bring the court closer to what they feel is fair, then the modification has a better chance of being granted.
You will have to show a big change in circumstance if you are seeking a modification.
Listed below are situations where modification of child custody could be necessary:
- Relocation of one of the parents: California, like most states, have very strict regulations on where you can travel with the children involved. Consent from the other party is almost always required. A modification in custody orders may be needed to accommodate everyone if a parent moves to a different location
- Change in Marital Situation for One or Both Parents: If a parent re-marries it could change the lifestyle of all family members involved. If the new marriage creates problems in anyway and adversely affects the children, then a modification in custody may necessary.
- Problems with Existing Orders: If the current custody orders are very one-sided and favoring one party of the other, or especially if it is burdensome in anyway on the children, that could be grounds for a custody modification.
- Wishes of the Involved Children: The court always takes into consideration the requests of the children involved, as long as they are age-appropriate to verbalize these wishes. The older the child, the more weight their preference will carry.
Even if your request falls under one of these situations, you will have to show a “substantial change in circumstances,” and that this will truly be in the best interests of the involved children.
If you have any questions, do not hesitate to schedule a free consultation with one of our experienced San Diego Divorce Attorneys. Call us today at 619-232-9260.
September 18th, 2017
No doubt divorce is an emotional time for all members of the family. The couple has to find some type of common ground on many issues. Division of assets, child support, spousal support and more. In all cases the best interests of the child must be thoroughly examined. Typically this takes place during the mediation process. You and your spouse will be able to look at the child’s best interests and make a decision based on these factors.
It’s easy for children to get caught up in the conflict of divorce and can often become a pawn used by the parents. To avoid hurting the children, mediation gets both parents to look at the bigger picture. When a couple can look at the child and put aside the issues they have towards each other, a fair and positive solution can come about. Children should have the ability to spend time with both parents and have the right to be provided for by both of them.
Parenting plans San Diego
When both parents have come up with an agreed-upon solution that is based on the best interests of the child or children, a parenting plan needs to be prepared. It is imperative that this plan includes clear wording so that nothing can be misconstrued later on. If anything in the mediation agreement is worded vaguely, this can cause even more conflict down the road. When the final agreement has verbal clarity, both parties know exactly what is expected and what is enforceable.
The Child’s Developmental Needs
Make sure you pay attention to the ages of the children involved and their developmental needs. Special needs should also be addressed during this process. Flexibility will definitely be required to account for the changing needs of the child as they grows up. Based on these needs, The clauses prepared in any plan must be realistic and feasible. An experienced mediator knows how to write up such a plan in a clear and distinct way according to the solutions presented by the couple, which are based on the child’s needs. With a clear-cut solution written in a clear and concise format, both parents will know exactly what is expected in terms of accessibility to the child and his upbringing.
If you have any questions, do not hesitate to schedule a free consultation with one of our experienced San Diego family law attorneys. Call us today at 619-232-9260.
September 14th, 2017
It’s definitely not something you think about when you are dating, but the truth is half of the people who get married will at some point get divorced. It’s already a painful process, so if you are business owner consider using a prenuptial agreement to address what happens to your business in case of a divorce.
September 8th, 2017
Either spouse can request spousal support when a person files for a divorce. Spousal support is a “legal obligation on a person to provide financial support to their spouse after marital separation or divorce” (Wikipedia).
Many factors go into determining spousal support:
September 2nd, 2017
Many people share their digital assets, but you obviously have the right to keep them separate as well. We recommend you plan ahead and notate in a prenuptial agreement how you want your digital assets treated in the event of a divorce. Photos, videos, emails, and computer files are all considered digital assets.
August 19th, 2017
Abandonment is a common factor in divorces that seems to linger on for a long time. When we see divorced spouses returning to court years after the divorce process was completed, we do some research into their family history and typically we see abandonment trauma in their backgrounds.
The most frequent types of abandonment included a parent leaving the household or a parent passing away. Sometimes when a parent is sick or not spending enough time interacting with their kids, a child can perceived that as a form of abandonment.
It can also include parental drug or alcohol abuse. A substance-impaired parent is not emotionally available, and to a child that can feel like abandonment. Not surprisingly, many adopted children have feelings of abandonment.
If you or anyone you care about is in need of family law assistance, do not hesitate to contact our experienced San Diego family law attorneys on staff. Call us at 619-232-9260.
June 4th, 2017
What some divorcing parents would like, more than anything, is for the other parent to vanish. They believe that would solve all their problems. What they don’t recognize is that when one parent disappears, the children’s problems generally get worse.
When spouses are not living together, it can be difficult to determine which spouse is legally responsible to pay debts. The timing of when the debt was incurred, the nature of the debt and state law are important
considerations in this assessment.
Seasoned Mediation Attorney for Marital Agreements
A prenuptial agreement is a great way for couples to have a clear idea of which assets are being brought into their marriage and prevent possible disputes that could arise in the future. A postnuptial agreement can be an advantageous solution when married couples are purchasing a home, investing in a business, or are experiencing changes to financial status.
As with almost anything in family law, the least contested the issue, the easier and less-costly it will be for all the parties involved. Thus, the more issues the parties can agree upon outside of court, the faster and smoother the modification will be done.
Sometimes “till death do us part” just isn’t soon enough.
The phenomenon of late-life divorce is growing fast — and blowing apart a lot of divorcing spouses’ retirement plans in the process.
“It’s almost like a gray divorce boom is unfolding just before our eyes,” said Ann Dowd, vice president of Fidelity Investments.
When you decide to separate or divorce, there are going to be a lot of hard decisions to make. You may have purchased vehicles, a home, made investments and gathered personal possessions along the way. There is a lot of emotion involved when the relationship is becoming dismantled and a mediator is there to help you get past these emotions. He or she is a third-party that is neutral and can help the communication process so that the couple can remain focused on finding solutions.
We are often surprised and somewhat dismayed to observe how frequently business people and their legal representatives will “draw lines in the sand”, “dig in their heels” or otherwise put themselves in an untenable position if thing don’t go just their way. Whether handling an Alternative Dispute Resolution case dealing with, Divorce, Child Custody, Probate or any other mediation, there is almost no occasion that warrants such a position. The more one knows about life, how things work and how problems can get resolved, the more one eschews insisting that it has to be your way, “or else”.
Getting a divorce can take years with the clogged court system and tens of thousands of dollars even when employing the best divorce lawyers. The most common and financially devastating legal dispute you are likely to go through is a divorce. Our job is to help you come to an agreement that works for both sides and help you avoid the emotional toll that long-drawn out court battles take. We take the matter through the Court. You NEVER have to appear in Court.