Articles Posted in Mediation and Divorce

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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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In many ways, a divorce can seem, and typically is, final.  It requires the filing of a judgment, a judge’s signature, and a marriage that is no longer the same.  But what happens when a party files for divorce and then changes his or her mind?  Or, what happens when a couple finalizes their divorce and then reconciles?  This blog will explore the consequences of these non-traditional relationships.Cartoon red heart with patch on the crack. Cute and friendly character with eyes and smile

First, let’s consider what happens when a party files for divorce but then changes his or her mind and wishes to withdraw the petition for dissolution.  In California, there is a 6-month statutory waiting period before any divorce can be finalized- and this scenario is exactly why.  Sometimes a couple is going through a rough patch and a spouse will file for divorce prematurely.  After discussing and working on their relationship the couple no longer wants to go through with their divorce.  So, what happens? Continue reading

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Often a parent’s biggest concern during a divorce proceeding is what will happen to their children; specifically how custody and visitation will be addressed. shutterstock_524178382-300x150

In the ideal world, parents would be able to agree on a custody and visitation arrangement that is in the best interest of their children, without the need to go to court.  However, if the parents cannot agree on a custody plan then one party, or both, must file a motion with the court to have the judge decide on the issue.

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More often than not, one oshutterstock_548814919-300x200f the first questions our office receives when someone is inquiring about a divorce is “how long will my divorce take?”  This question, like so many other legal questions, often depends on the circumstances of the case.  While it is our hope to get you through this process as swiftly as possible, there are certain obstacles that must be passed before your judgment is entered and your divorce is finalized. Continue reading

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The global spread of COVID-19 (a.k.a Corona Virus) is affecting millions and has been deemed by the United States government a national pandemic.  Both the Federal and California state governments are calling upon citizens to do their part in assisting with slowing the spread of this novel virus, which has given rise to sudden deviations from all of our normal routines.

As experienced Family Law attorneys, we anticipate the current state of affairs may be especially difficult for separated or divorced parents trying to navigate through these peculiar times.  The following are general guidelines, based on our experience, that we believe all co-parents should be cognizant of: Continue reading

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It is no secret that getting a divorce can be pricey. While there is almost no way to estimate exactly how much any particular divorce will cost to finalize, there are some fees that will be present in any divorce case. In this blog we will break down some of the fees charged by the Superior Court in a divorce or family law matter. Continue reading

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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 children will be raised post-divorce.  It is understandable too; we love our children and we want what is best for them. This point, wanting the best for our children, is the great irony of child custody litigation.  Ask any parent whether they believe dragging their children through months or years of custody litigation is healthy for them.  They answer will be a resounding, “No.”  Yet that is exactly what happens in so many family law cases. Continue reading

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It is generally understood, among family law attorneys, that Family Code section 2640 is one of the most cited statutes in California Family Law. Family Code section 2640 deals with separate property contributions to the acquisition of community property. However, Family Code section 2641 can be just as important if the community made substantial contributions to the education of one spouse.

Many states handle marital contributions to the education of a spouse in different ways. In some states, a spouse can actually be said to acquire an interest in the other’s spouse’s education and profession. California takes a decidedly different approach. Under California law, the extent to which a spouse can seek reimbursement for contributions made to other spouse’s education are explicitly limited by statute to Family Code section 2641.

Having said this, let’s take a look at the statute. Continue reading

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