Articles Posted in Divorce Advice

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The Basic Timeline of a Divorce Case and FAQ

The-Basic-Timeline-of-a-DivorceDivorce is typically one of the most difficult experiences of a person’s life. It is natural to feel a mix of frustration and confusion as one accepts the reality of an impending divorce. It is also natural to have many questions about the legal process of divorce. At Bickford, Blado & Botros, our San Diego divorce attorneys understand how challenging divorce can be and want to provide as much clarity about the process as we possibly can. It’s essential to know how a typical divorce case unfolds, the differences between mediation and litigation, and the common problems divorcing individuals face through their proceedings.
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How to Prove Falsehoods in Divorce Proceedings

How-to-Prove-Falsehoods-in-Divorce-ProceedingsWhenever an individual is involved in any type of legal case, honesty is absolutely essential even when it comes at a detriment to one’s own personal interests. Unfortunately, in many divorce cases in San Diego and throughout California, divorcing spouses attempt to hide assets, make false statements, obfuscate evidence, and otherwise interfere with their divorce proceedings for personal gain. When this occurs, the other spouse must know their legal options and take appropriate action.
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Is Mediation Possible in a Heated Divorce?

Is-Mediation-Possible-in-a-Heated-DivorceThe vast majority of divorce cases filed throughout the United States unfold along relatively tame lines compared to many media portrayals of divorce. However, in rare cases, divorces are hotly contested by one or both parties, and the emotional side of a divorce can have far more influence on the legal side than it should. When emotions prevent rationality in divorce proceedings, everyone ultimately loses. Heated arguments and unwillingness to compromise increase the time, expense, and stress required to end the marriage.
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San Diego Divorce Attorney

Why You Should Attempt Divorce Mediation Before LitigationEnding a marriage is rarely a simple or easy endeavor, but there is more than one way to handle this type of matter. While many people believe that divorces end with heated court battles, this is actually only true for a small fraction of the divorce cases that unfold in California and throughout the United States. Every marriage is different; therefore, every divorce case is different, so it is vital to seek guidance for your unique situation with an experienced San Diego divorce attorney to determine the best approach to your own divorce.
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Co-parenting With Someone of a Different Religion

Co-parenting-With-Someone-of-a-Different-ReligionIn the state of California, the term child custody is used to reference the ability to make decisions that affect the quality of life of your children, such as those relating to health and education. For some parents, religion plays a big role in making those decisions, which can significantly complicate things when your religion differs from that of the children’s other parent. Outside of simply including religious holidays into your custody schedule, other factors that could be impacted include attending religious ceremonies, dressing a certain way, eating a certain diet, and more. There is no set template for how to navigate these sorts of challenges, given that the details of each case vary significantly. However, there are certain elements that will likely be taken into account and strategies you can employ to find a mutually acceptable resolution.
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Child Custody and Support Outside of Wedlock

Child-Custody-and-Support-Outside-of-WedlockNavigating custody and child support cases is a normal part of course proceedings. If you happen to be an unmarried parent who has newly separated from their partner, you might be wondering if any legal provisions are in place to support you and your child. In 2018, the CDC revealed 39.6% of all births in the United States resulted from relationships outside of wedlock, so this is hardly an unusual situation. However, the information and resources available to parents going through custody-related claims in court are generally focused on situations where the parents were previously in a legally recognized union. Continue reading

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COVID-19 has affected all sectors of the U.S. population.  The Governor of California, Gavin Newsom, has issued stay-at-home orders for all residents, with limited exceptions for “essential works.”  In California alone, over 1 million workers have filed for employment benefits.  The San Diego Courthouses have all closed to the public and were only processing temporary restraining orders. As of April 8, 2020, the Superior Courts have expanded their accessibility slightly allowing for limited Ex Parte (emergency) Hearings.  Since the Court’s official closure in mid-March, it is believed the Court has received over 7,000 documents via U.S. Mail. None of these documents have been processed during the closure.  This figure does not account for the presumably high number of Court filings that have been postponed or the number of hearings that were scheduled to occur during the 2 ½ months the Court has been closed.  Those hearings will have to be continued to a date in the future.  So, what can we expect once the Courts are able to re-open in any capacity? Continue reading

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AdobeStock_323666821-scaledAlthough a divorce in California could be finalized in as quickly as 6 months, if the former spouses have children together they are stuck with each other for 18 years, and longer!  The truth is that child custody and visitation issues linger long after the final divorce papers are signed.  This is because as children grow older their needs and activities change.  Similarly, throughout the years parents move on with their separate lives and some acquire new jobs or partners.  Due to these factors, a visitation schedule that was implemented at the beginning of the case may not always work for the family a few years later.  This blog will explore how parents can request a modification to the current visitation schedule exercised by their family. Continue reading

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Making headlines recently, a 26 year old man was arrested after punching his mother in the face during a dispute about toilet paper.  A few months ago this news likely would not have even made the headlines.  The state of our world as we know it has drastically changed and headlines, like this one, are becoming more common place.AdobeStock_346386251-1-scaled

At first glance this headline might appear amusing or even bring up flashbacks to that episode of Seinfeld when Elaine’s bathroom “stall-mate” just could not “spare a square.”  In reality, the underlying issues being addressed in this caption are much more severe than they may at first seem.  What is the issue?  Domestic violence and its’ escalation amid the COVID-19 pandemic.

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The other day I was asked, “Why do I need to pay child support to my ex-wife if we care for our children equally?”  This is a great question that requires some understanding of both California law and public policy.  At first blush it may seem unreasonable and unfair that one parent must pay the other parent child support even though both parents equally care, house, feed, and pay for their children’s livelihood and well-being.

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Let’s start by looking at California Family Code section 4053, which is the statute that provides courts with overarching principals to consider when implementing a child support order.  This statues states, in part, that “a parent’s first and principal obligation is to support the parent’s minor children according to the parent’s circumstances and station in life.” (emphasis added.)  The statute also states that, “the [child support] guideline takes into account each parent’s actual income and level of responsibility for the children” and that “each parent should pay for the support of the children according to the parent’s ability.” (emphasis added.)  The statute also explains that child support “should minimize significant disparities in the children’s living standards in the two homes” and that “children should share in the standard of living of both parents.” (emphasis added.) Continue reading

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