Relocation throughout the United States is generally a simple process; therefore, it is not uncommon for one or both parties to move to a different state after a divorce. In such cases, parents are faced with a jurisdictional dilemma with regard to their custody and visitation issues. Frequently as children…
San Diego Divorce Attorneys Blog
Is Phone/Email Harassment a Basis for Restraining Order Against Ex-Spouse?
According to Fox News, a Florida man called his ex 145 times over the span of a mere 11 hours. Although he has been released from jail on bail, he now faces charges of aggravated stalking. If this situation were to occur in California, would the man’s actions perhaps warrant…
The Role of 730 Evaluations in Family Court
At the heart of any divorce proceeding involving minor children should be the consideration of what is in the child’s best interest. In high conflict cases, where the divorcing parents cannot come to a mutual agreement regarding the custody arrangement for their child or children, the court will need to…
Bankruptcy and Divorce in California
In every California divorce proceeding, both parties must take a good hard look at their joint and individual finances. This is because, at the outset of the divorce process, both parties are required to provide an exhaustive list of all assets, debts, income and expenses. This aids in the division…
More than Two Legal Parents Recognized in California Family Law Courts – Part 2
As blogged about in Part 1 of my previous blog entitled “More than Two Legal Parents Recognized in California Family Law Courts” new legislation was enacted changing the traditional perception of “family” in the California court system. Until recently, children were presumed to have only one or two parents. Having…
Spousal Support and Domestic Violence – Do Victims Have to Pay?
In a typical California divorce case, spousal support is awarded based on the need and ability to pay of the parties. However, if there is a history of domestic violence in a case, the spousal support analysis is not so simple. Embedded within California Family Code and cases is the…
More than Two Legal Parents Recognized in California Family Law Courts – Part I
If you open up a fresh copy of the 2014 Family Law Code and do some heavy reading, you might notice the modifications to Section 3040, 4057, 7601, and 8617 as well as the addition of Section 4052.5. Back in October 2013 new legislation was signed which now allows California…
What is Considered “Property” in a Divorce Case?
In a recent divorce between Black Keys’ singer, Dan Auerbach, and his former wife, Stephanie Gonis, the parties divided an unusual asset – a lock of Bob Dylan’s hair. This is a perfect example of the family law principle that all property must be divided upon dissolution. In the Auerbach-Gonis…
Is My Credit Doomed During a Divorce?
It seems like we all spend so long trying to build good credit over the years just for it to be ruined with a snap of the fingers. A divorce doesn’t have to be the culprit in ruining your credit. If you take certain measures while going through a divorce,…
Can a Child Sue for Child Support?
In a recent controversial New Jersey case, Rachel Canning filed a lawsuit against her parents requesting child support. Canning, a high school senior, alleges her parents kicked her out of their house after she turned 18 years old. Through her attorney, Canning is requesting financial support and an order for…