Articles Posted in Legal Separation

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Why Every Divorcing Couple Should Consider Mediation

Why-Every-Divorcing-Couple-Should-Consider-MediationThe divorce process is notoriously challenging in several ways. Divorce is certainly emotionally taxing on most people who experience the process, and it can also be expensive while hampering the usual activities of your daily life. While divorce is never likely to be easy, having the right legal team behind you as you approach one of the biggest challenges of your life can make a tremendous difference in the stress you experience.

The attorneys at Andrew J. Botros, APC strive to provide citizens in the San Diego area with critical information and resources. Our desire is to assist clients and prospective clients alike in making more informed decisions about their divorce proceedings. To that end, one of the most crucial things all people contemplating divorce must acknowledge is the advantage of mediation over litigation.

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How Is Spousal Support Determined?

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One aspect of the divorce process that is often misunderstood is spousal support, also referred to as alimony. References to this form of support are often made in the media. Many people wonder why spousal support exists in the first place, beyond a convenient plot device to add drama to an already tense situation. It’s natural for people to be confused about how the courts determine when spousal support is applicable, how much spousal support is owed, and why it’s necessary to have any spousal support at all. Like many other aspects of family law, spousal support has been a part of the system for many years and was created with justice and people’s well-being in mind. That being said, the basic concept of spousal support has certainly undergone several transformations since it was first conceived.

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How Much Does a Child’s Preference Impact Custody?

How-Much-Does-a-Childs-Preference-Impact-Custody

One of the most difficult challenges of going through a divorce is determining the details regarding child custody. Even in situations when the divorce itself is amicable, you and your spouse are likely to have differing opinions regarding how best to proceed with childcare in the aftermath of your separation. Everything from agreeing upon the primary residence and custody schedules to more complex issues like schooling, religion, extracurricular activities, and more can be areas of disagreement.

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Can Premarital Agreements Be Broken?

Can-Premarital-Agreements

The purpose of a premarital agreement is fairly straightforward—to provide guidance for how a separation should be conducted if a marriage ends in divorce. Due to its nature, most couples don’t think much of such agreements unless they are actively considering a legal separation. At that moment, it can be incredibly relieving to have such details outlined in advance, especially if the situation between you and your spouse has become contentious. However, depending on the terms of the agreement, there may be questions about whether everything outlined is still relevant or enforceable. To fully understand the limitations of a premarital agreement and under what circumstances the contents may be voided, it’s important to familiarize yourself with a little background regarding what these agreements are and why they exist.

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How to Respond to A Petition for an Annulment

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If you have been served by your spouse with a petition for an annulment, you are likely wondering exactly what this means and how you should respond appropriately. Compared to a petition for divorce, in which you request the court to dissolve a legally valid marriage, a petition for annulment asks the court to declare that the marriage was never valid in the first place. If the court approves this position, it will completely erase your marriage from the California state record, making it virtually nonexistent in the eyes of the law.

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A Detailed Look at the Steps for Seeking an Annulment in California

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After you have considered your options for dissolving your marriage and decided that the best choice for you is to request an annulment, there are specific steps you must take to complete this process according to California law. Contact Bickford Law today with any questions you may have about the process, then let us work for you to ensure you have the best chance at receiving the court’s approval for your annulment.

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How to Petition for an Annulment in California

How-to-Petition-for-an-Annulment-in-California

If you are married and currently living in California, one effective option for dissolving your marriage is by petitioning the court for an annulment. Compared to a divorce, in which a marriage is considered legally over, an annulment declares that the marriage was invalid. An annulment means, from a legal standpoint, that it never existed. If you’re considering dissolving your marriage, consider the following information for how to petition for an annulment, what the statutes of limitations are for filing your petition based on the grounds you are claiming for annulment, and what you can expect after filing your petition.

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Everything You Need to Know About Annulments

Everything-You-Need-to-Know-About-Annulments

Although they happen often, annulments are often misunderstood. Media and popular culture promote a number of diverse yet equally inaccurate representations of this process, making it difficult for most people to recognize the truth of this legal concept. If you are unsatisfied with your relationship or discover new information that drastically impacts the validity of your marriage, call our firm. California law allows you to receive an annulment if you follow a certain legal process and meet specific criteria.
  
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What Happens When a Judge Determines Child Custody?

What-Happens-When-a-Judge-Determines-Child-Custody

Divorce can be one of the most challenging experiences of any person’s life, but the process tends to be especially hard on parents. The breakdown of a marriage is one thing, but the breakdown of a family unit raises an entirely new set of concerns and issues that demand thoughtful consideration.

In California, state law dictates that all family court judges must ensure that any divorce involving children preserves those children’s best interests. Regardless of whether divorcing parents intend to go to court or mediate their divorces, the California family court system must approve their parenting plan and ensure safe care, custody, and support for the couple’s children.
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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 Andrew J. Botros, APC, 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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