Articles Posted in Del Mar

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Important Factors That Influence Child Custody Determination in California

Important Factors That Influence Child Custody Determination in California

Child custody disputes are some of the most challenging legal cases any parent can face. Married parents who decide to divorce will need to resolve child custody through the family court system, and unmarried parents who separate and intend to raise their children separately will need enforceable family court orders for custody as well. Whatever your situation entails, it’s vital to understand the child custody determination process and what a judge must evaluate in making these determinations.

While it’s possible to resolve many divorce-related issues privately through alternative dispute resolution, this does not apply to child custody. The California family court system is legally obligated to protect children’s best interests affected by court rulings. For example, if you and your soon-to-be ex-spouse and co-parent intend to take advantage of mediation to resolve your divorce, you must be prepared to spend time in court to settle child custody.

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How Does a Divorce Lawyer Help in Mediation?

How Does a Divorce Lawyer Help in Mediation?

It’s common for people to imagine emotionally charged court battles when they think of divorce, but the reality is that most divorcing couples in the US will avoid divorce litigation as much as possible in resolving their dissolution proceedings. Alternative dispute resolution has become the most commonly preferred method of resolving a divorce in California, with mediation being one of the most popular options. During divorce mediation, the divorcing spouses meet privately with a neutral mediator who helps them negotiate terms for their divorce and draft their divorce agreement.

Many people mistakenly believe that divorce mediation eliminates the need to hire a divorce attorney and that divorcing spouses can represent themselves in these proceedings. While it is technically possible to complete divorce mediation without legal counsel, this isn’t a good idea for several reasons. If you are planning to take advantage of divorce mediation in the near future, it’s vital to understand the value of legal representation and the role your attorney will play in this process.

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Assets and Debts Under California’s Community Property Law

Assets and Debts Under California’s Community Property Law

Property division is one of the most important components of the divorce process. California is one of nine US states to uphold a community property law, which many people find unnecessarily rigid when dividing marital assets. Community property law requires all marital property owned by divorcing spouses to be evenly divided. There are very few possible factors that can alter the 50/50 division of marital property under this law.

If you are expecting to divorce in California in the near future, you must understand how the state’s community property law functions and its application to your assets and your debts. Unfortunately, many divorcing spouses overlook the fact that debt is divided the same way assets are divided in a divorce and, in many ways, evaluated along similar lines. Your California divorce attorney can assist you in approaching property division proceedings with greater confidence, and you and your spouse may have the option of resolving this aspect of divorce privately.

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How to Evaluate a Potential Divorce Attorney in California

How to Evaluate a Potential Divorce Attorney in California

Ending a marriage is a very difficult decision and not one to be made lightly. However, if you have decided to end your marriage, or your spouse has filed a divorce petition, and dissolution proceedings are inevitable, it’s natural to have many legal questions about your impending divorce case. One of the best things you can do in this situation is to secure legal counsel from an experienced California divorce lawyer as soon as possible.

The right attorney can help you understand the proceedings you face and your options for navigating your divorce. While you might think you can navigate your case without legal representation, the reality is that even the most seemingly straightforward divorce cases can pose very complex legal questions. It’s understandable to be hesitant about the potential cost of your legal fees, but you should not underestimate the potential value of your divorce lawyer’s representation.

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Your Guide to Spousal Support in California

Your Guide to Spousal Support in California

Divorce in California can be incredibly stressful and complicated, especially regarding the financial issues involved. The state upholds a strict community property statute that applies to property division, requiring divorcing spouses to evenly divide their marital assets, property, and debts. However, property division may not entirely resolve the financial issues present in a divorce. In some divorces, one spouse will need to pay spousal support, also known as alimony, to the other. Spousal support typically comes into play when one spouse is financially dependent on the other or unable to support themselves financially for other reasons.

If you plan to divorce in California, it’s natural to have concerns about your potential financial obligations to your soon-to-be ex-spouse. Whether you expect to pay or receive spousal support from your divorce, it’s vital to know how spousal support is determined, how long it lasts, and the conditions that would terminate an existing spousal support agreement.

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What Is Paternity Fraud?

What Is Paternity Fraud?

Paternity cases are common in the California family court system. It’s vital for parents to accurately establish a child’s paternity when resolving child custody disputes and determining child support obligations. Unfortunately, many men are victims of misattributed paternity throughout the US, sometimes spending years believing they are a child’s biological parent only to later discover this is not the case. Conversely, some men have no idea they have fathered children only to suddenly discover they are, in fact, fathers. Some of these situations arise from honest mistakes, but deliberate paternity fraud is more common than many people expect.

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4 Things You Should Never Do During Divorce

What to Do If You Discover Important Information After Finalizing Your Divorce

Divorce is never easy, even when spouses are relatively agreeable with one another and reach the mutual decision to end their marriage. There is almost always some emotional discontent in divorce proceedings, and it can be challenging for some spouses to make calculated practical decisions concerning their divorce. Unfortunately, the emotional stress of the divorce process causes some divorcing spouses to lose sight of their best interests. Many people in this position make critical errors that negatively impact their divorce proceedings and their futures beyond divorce.

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What Will Happen to My Business in Divorce?

What Will Happen to My Business in Divorce?

Divorce can pose significant challenges for the next several years, even the rest of your life. It’s natural to have doubts and worries about how your divorce will unfold, and these concerns can be even more stressful for business owners. However, if you plan to end your marriage soon and own a business, several factors will determine whether your business must be divided between you and your spouse. You may have more options than you realize for effectively handling this situation, and an experienced attorney can help you approach divorce as a business owner with greater confidence.

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The Divorce Process Timeline in California

What to Do If You Discover Important Information After Finalizing Your Divorce

If you have recently decided to end your marriage in California, you may feel completely overwhelmed. It’s natural to have lots of doubts and concerns when it comes to the difficult legal proceedings you face. Divorce is a time-consuming, multifaceted, and emotionally draining process that can take months or sometimes even years to complete. Even if you believe your divorce will be fairly straightforward, there are countless variables that might arise and complicate your case. Ultimately, it is very difficult to predict exactly how any divorce will proceed.

It’s understandable to want to have a predictable timetable for your divorce. Unfortunately, it’s very unlikely to be able to calculate how your divorce will unfold with complete accuracy. However, there are some things you should know to help you better understand the process. There are also a few options you may have that can speed up your divorce timetable if you’re willing to be flexible. It’s vital to not only understand the California statutes that will come into play in your divorce but also be aware of your options for streamlining the dissolution process.

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Potential Benefits of Legal Separation vs. Divorce

Potential Benefits of Legal Separation vs. Divorce

If you and your spouse have been experiencing tension in your marriage, divorce could potentially arise as a possibility for your near future. However, it is vital that you do not make the decision to divorce lightly, nor should you rush into divorce proceedings in the face of marital problems. Divorce is a complex and stressful process. It is likely to pose significant changes to various aspects of your life for the foreseeable future. In some cases, couples need time and space to reevaluate their marriages before moving forward with divorce proceedings.

Legal separation can effectively provide some of the benefits that divorce can offer without the finality of divorce. While many people conflate legal separation and divorce, they are two very different family law procedures. In a divorce, the couple’s marriage contract is terminated, and the couple resolves many issues such as property division, child custody, and spousal support. In a legal separation case, the couple must also address many of the same issues and will ultimately end up with separate living arrangements, but they remain legally married.

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