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What is a Van Camp apportionment for a business in a San Diego divorce? The essential question on the table involves the presumption of the ownership of a business or professional practice by one of the parties in a divorce. The central questions surrounding a business in a divorce are: What portion (if any) of the business is considered to …
What are the steps for modifying an existing child custody and visitation plan in San Diego? Generally speaking there are two primary ways to modify existing orders regarding child custody and visitation: If both parties are in complete agreement regarding proposed changes our firm can draft new documents which must be submitted to the Court for review and approval. This …
Can you recover money spent on an affair in your Carlsbad divorce? We are often asked about the impact of an affair on a divorce case. Basically, the fact that one or both of the spouses had an affair during the marriage may be irrelevant. California presumes irreconcilable differences as the reason for a divorce. You don’t have to prove …
Are you searching for information about what you can keep as separate property in a Carlsbad or San Diego divorce? What is the difference between the characterization of “community property” and that which a spouse may keep apart from property division as “separate property” in the divorce? Any asset or debt acquired or obtained before the marriage or after the …
What is temporary custody in a Carlsbad divorce case? How will the temporary orders issued in your case affect the ultimate outcome of the divorce itself? At the outset of a divorce, the Court may be asked to establish temporary orders concerning many matters including child custody, child support and spousal support. These orders are designed to establish financial fairness …
How will a divorce impact your retirement plan(s)? How are retirement plans such as a 401(k), CalSTRS, CalPERS, a pension and even Social Security handled in a divorce? It is interesting to note that many people don’t think about their retirement plans when considering a divorce. However, any retirement plan to which one either spouse has entered into or contributed …
Will the Court split up the kids in your Carlsbad divorce? Child custody and visitation is often one of the most contentious issues in a Carlsbad or San Diego divorce case. The primary concern of our Courts in any child custody or visitation matter is “the best interests of the child(ren).” The Court is concerned with protecting these interests which …
We are often asked “Is my business at risk during a San Diego divorce?” What does a business owner need to know if they are considering or at the outset of a divorce? The first question regarding the business is whether it will be characterized as your separate asset, community property or even some blend of the two. If you …
Are you considering a divorce in Carlsbad or anywhere in North County San Diego? What are some of the things you need to know about a divorce and what to expect? The first and most important thing to understand about divorce is the cost of your divorce and the time it takes to complete are directly tied to the amount …