Child custody is one of the most difficult and emotional parts of any contested divorce. It is not uncommon for two parents to agree on all of the financial issues, child and spousal support, and property division, only to find it impossible to come to any agreements about how their…
Appeals can be a lengthy, difficult, and expensive process. In fact, most civil appeals in the Fourth District Court of Appeals, Division One (San Diego) take about a year from start to finish. If a trial court’s error is the result of a minor oversight or a mathematical error, it…
“What Is In A Name”…A Lot Come To Think Of It. If you dig deep enough into your memories from high school English class you will know that quote is from Shakespeare’s Romeo and Juliet. And while Romeo waxes poetically about why Juliet’s name should not matter, the truth (as…
Tracey Hejailan-Amon’s husband Maurice Amon filed for divorce in Monaco in October of 2015. Tracey then filed for divorce in New York. About a year and a half later, the parties are still arguing over which court has jurisdiction over their divorce. Why? Because Monaco’s divorce law allows spouses to…
There are many different enforcement methods available for child support. Although contempt is always an option, it involves the other parent ending up in jail and can be a costly and expensive process to prosecute. Some of the best incentives for the other parent to pay child support already exist…
Divorce is hard. Divorce where minor children are involved is harder. As divorce attorneys, child custody disputes often become the most contentious issues that we face. Of course this is understandable. When parents divorce, they have to face the reality that they will no longer be with their children 100%…
Family Code section 3580 et seq. provides that spouses may enter into agreements regarding support upon separation. In Pendleton and Fireman, our Supreme Court held that parties could agree to limit or waive spousal support in premarital agreements. What about the time in between? Can married spouses who have…
Termination of spousal support jurisdiction is always a highly contested issue. The party paying support wants spousal support terminated as soon as possible, and the party receiving support would prefer support be paid forever. Which party will get what they want will depend on the facts of the case. At…
It wouldn’t be a surprise if you had never heard of a “trust account” prior to partaking in a divorce. While there are many different types of trust accounts, in this context we will discuss accounts that attorneys, specifically family law attorneys, maintain on behalf of their clients. To begin,…
San Diego is home to the nation’s largest concentration of military personnel. San Diego’s seven military bases serve the approximately 100,000 active duty service men and woman and their families (the total rises to 175,000 when dependents are taken into account.) In addition, San Diego is home to 60% of…