We are often asked by our clients “what impact does moving out of the family home have in a California divorce?” While this is a complex question and specific advice cannot be given in this context without meeting with an experienced Carlsbad divorce attorney we can review general principles. For many years, the party who left the family home suffered…
Divorce
Does Infidelity Affect a North County or Carlsbad Divorce?
Unfortunately, the rate of infidelity in California as it relates to divorce is quite high. For many spouses, the betrayal and loss of trust due to a cheating partner is a marriage ender. We are often asked: “(They) cheated on me. How does infidelity affect a North County or Carlsbad Divorce and/or child custody arrangements?” Let’s address the issue of…
How is the Value of a Business or Professional Practice to be Calculated in a North County or Carlsbad Divorce?
When one or both of the parties in a North County or Carlsbad divorce own a business or professional practice (or an interest therein) the “community” has a monetary interest which must be equitably divided between the parties. How is the value of a business or professional practice calculated in a North County or Carlsbad divorce? How can the attorneys…
What Happens to Pets in a North County San Diego Divorce?
What happens to pets in a North County San Diego divorce? While child custody and parenting time are often the most challenging aspects of a North County San Diego divorce, the question of “who gets the family pet” may be just as heated in some cases. How are pets handled in a California divorce? In many homes the issue is…
What Happens When You Can’t Agree upon Child Custody During a North County San Diego Divorce?
What happens when you can’t agree upon child custody during a North County San Diego divorce? Child custody and parenting time are often the most challenging issues for divorcing parents in North County San Diego to face. Child custody disputes that are fueled by emotion or other motives will result in substantial costs and time delays. What happens when the…
Child’s Best Interest
I keep hearing that Carlsbad child custody orders are based upon whatever the Court determines is in our child’s best interest or the best interest of the children. What does that mean? Is the term Child’s best interest defined somewhere? There is no statutory definition of “best interest of the child.” Cal. Rules of Court, rule 5.2 (b)(7) defines “best…
When Do You Need a Carlsbad Child Custody Attorney?
When do you need a Carlsbad child custody attorney? What determines child custody in a divorce case, and how can a parent pursue changes in North County San Diego child custody orders? Our local Courts are always focused on what is in the best interest of the child. Generally speaking, local Judges and Magistrates believe it is in the best…
Pre-Planning Goes a Long Way in a High Asset Divorce
Are you considering a divorce in North County San Diego and concerned about significant assets such as investment or trust accounts, retirement accounts, real estate, business interests, and valuable collections? Pre-planning goes a long way in a high asset divorce in Carlsbad, Rancho Santa Fe, Encinitas, Oceanside and Vista. How are substantial assets handled in a divorce, and what can…
What is Needed to Modify Child Support in North County San Diego?
What elements are needed to modify child support in North County San Diego? Our Family Law Courts will not simply accept every case or hear every request for modification of child support. Child support orders are contained within the “Settlement Agreement” of your divorce paperwork. In many cases, the specific verbiage in the agreement establishes the “Status Quo” for both…
Dealing with Retirement Funds During Divorce Negotiations
Dealing with retirement funds during divorce negotiations is especially important in a “Gray Divorce” or divorce over 50. While the overall divorce rate in California and around the country has remained fairly stable in recent years, divorces among older couples has increased sharply. Between 1990 and 2014, the rate of divorces involving people over the age of 50 doubled, and…