How does a legal separation relate to divorce in California and when should you consider a legal separation in Carlsbad and North County San Diego? The process of a legal separation is very much like getting a divorce. One party files a petition with the Family Court for a legal separation and the other party must respond. As in a…
What if your child wants to change parents in a child custody case during or after a divorce in Carlsbad or San Diego? Divorce itself is filled with enough challenges and emotional issues. Things can become even more challenging if one of your children tells you they want to make a change to their primary residence. This is a crucial…
Is CalSTRS retirement for teachers community property in a Carlsbad or San Diego divorce? How will a CalSTRS teacher’s retirement account be handled in your divorce? We are often asked about the disposition of a teacher’s retirement account at CalSTRS. The California State Teacher’s Retirement System was established in 1913 to provide disability, retirement and survivor benefits for California teachers,…
Parents who are seeking a divorce in San Diego or North County might not understand the difference between parenting time physical custody and legal custody of a child. What are the legal forms of parenting time and child custody and how are those different than common terms such as “shared parenting” or “joint custody.” What do you need to know…
How is a family owned business divided in a San Diego divorce in Carlsbad? If the business was in the family and the spouse owned their position in the company prior to the marriage it may be at least partially considered to be separate property. There will be a lot of questions regarding the use of marital funds to support…
Are you risking your relationship and perhaps a marriage by asking for a prenup? What is a prenuptial agreement and when should you consider asking for a prenup? A prenuptial agreement is simply a contract which establishes existing property and financial accounts, intellectual property, business ownership or debt and how it will be handled in the future, including the event…
Do you think your former spouse is hiding money or assets? Was there some sort of behavior such as lying or deception, betrayal or even a typical effort to cheat on taxes which makes you think your former spouse isn’t being fully truthful? Former spouses owe a fiduciary duty to one another until the moment the divorce is final. This…
What are some of the challenges of a divorce for a physician in North County or San Diego? A recent study noted one out of every three married doctors in the US will face a divorce. How will a divorce affect the physician’s practice? Most divorces involving doctors will include many of the more typical issues surrounding child custody, child…
How will the length of your marriage affect spousal support during and after your divorce in Carlsbad or North County? How long do you have to be married in California to qualify for spousal support and how is the amount of spousal support determined? In some cases the parties in question have only been married for a few years. In…
How will the Court handle domestic violence in Carlsbad divorce cases? What is the impact of restraining orders and findings of domestic violence in a North County family law case? Those who have experienced domestic violence, especially in the context of the end of a marriage and divorce, often feel isolated and that there aren’t many options available for help.…