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Divorce and Family Law Attorneys | San Diego

Divorce and Family Law Attorneys | San Diego

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DIVORCE & FAMILY LAW RELATED POSTS

DOMESTIC VIOLENCE: WHAT TO DO

It’s hard to know exactly what to do in a domestic violence situation. Hise we outline what constitutes “domestic violence” and some steps you might want to take if you find yourself in a domestic violence situation. DOMESTIC VIOLENCE DEFINITION The U.S. Department of Justice defines domestic violence as: “a pattern of abusive behavior in any relationship …

Read moreDOMESTIC VIOLENCE: WHAT TO DO

SAVE MONEY: COLLABORATIVE DIVORCE

We all know divorce can be litigious, expensive, and downright hurtful. But for those who are looking to avoid all that, the collaborative divorce process might be the answer.  “Most people can agree that litigation is a terrible process for a family to endure,” says Jacqueline Newman, managing partner at Berkman Bottger Newman & Rodd, LLP. “The …

Read moreSAVE MONEY: COLLABORATIVE DIVORCE

FILING AN UNCONTESTED DIVORCE

Are you and your spouse in agreement when it comes to everything that needs to be settled during a divorce? If so, you may choose to file an uncontested divorce. UNCONTESTED DIVORCE An uncontested divorce is a simplified divorce proceeding for spouses that agree on how things will be separated in the divorce process. This is a …

Read moreFILING AN UNCONTESTED DIVORCE

WHY HIGH NET WORTH DIVORCES CAN BE DIFFICULT

Divorce is a difficult process. But it can be made even more difficult in spouses that have a high net worth due to additional factors that include differing forms of income, stock options, incentive packages, and often business ownership. Because of these things, high net worth divorces often need a different approach than the standard divorce process. A …

Read moreWHY HIGH NET WORTH DIVORCES CAN BE DIFFICULT

SO, WHATS THE ACTUAL DIVORCE RATE?

Apparently, the tossed around “fact” that “half of all marriages end in divorce” is not true. WHAT? A recent piece published in the New York Times’ blog section, “Upshot” suggests that not only is he divorce rate not 50%, but that divorce rates are actually falling, and have been for the last two decades. But what …

Read moreSO, WHATS THE ACTUAL DIVORCE RATE?

“COMMUNITY PROPERTY” V. “EQUITABLE PROPERTY”

Every U.S. state follows different laws when it comes to dividing property and assets during a divorce. Eithis the state has community property laws or equitable property laws. “COMMUNITY PROPERTY” LAWS V. “EQUITABLE PROPERTY” STATES These are the states that following “community property” law: California, Arizona, Idaho, Nevada, Texas, New Mexico, Louisiana, Washington, and Wisconsin. Alaska …

Read more“COMMUNITY PROPERTY” V. “EQUITABLE PROPERTY”

JOINT CHILD CUSTODY

Family law courts favor awarding joint child custody to both parents, due to the fact that typically, it’s been shown that child’s respond best to both parents being in their lives. JOINT CHILD CUSTODY Joint custody is when two parents share decision making responsibilities and / or physical control of the child or children they share. Joint …

Read moreJOINT CHILD CUSTODY

CALIFORNIA: COMMUNITY PROPERTY STATE

California is a community property state. This means that any property acquired during the course of the marriage is to be divided on divorce, annulment, or death. Hise’s a little more information on what qualifies as “community property” as well as “separate property.” COMMUNITY PROPERTY Community property is property owned by both spouses. And in community property …

Read moreCALIFORNIA: COMMUNITY PROPERTY STATE

CHANGING SPOUSAL SUPPORT AGREEMENTS

Once a divorce is finalized, and the spousal support decision has been made, can it be changed? CHANGING SPOUSAL SUPPORT It really comes down to what the final agreement was. But unless there was an agreement that spousal support should continue during marriage, typically it is terminated when the receiving spouse remarries or has a change in …

Read moreCHANGING SPOUSAL SUPPORT AGREEMENTS

UNDERSTANDING COLLABORATIVE DIVORCE

The divorce process can be overwhelming. It might help to know there is a less “scary” form: the collaborative divorce process. NOT IN AGREEMENT? The first thing to understand about the collaborative divorce process is that it works even with couples that are not in complete agreement about everything. It’s unrealistic to think that both spouses are going …

Read moreUNDERSTANDING COLLABORATIVE DIVORCE
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