Articles Posted in San Diego

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It is no secret that the San Diego Family Law Courts are overutilized, overworked, and overbooked.  When a party files a motion with the court it can often take several months, or longer, to get a hearing date!  This can be frustrating for litigants who want to move their case forward towards closure.  But what happens when an emergency comes up in your case and you cannot wait months for a hearing date?  Luckily, there is a procedure and solution to allow the court to hear an emergency issue within a day or two, and that is called an “Ex Parte” hearing.  At an Ex Parte hearing, judges can make temporary emergency orders, when appropriate.

Pursuant to California Rules of Court, Rule 5.151(b), “[t]he purpose of a request for emergency orders is to address matters that cannot be heard on the court’s regular hearing calendar….[and] the process is used to request that the court: Continue reading

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The infamous comedian-actor Robin Williams once said, “Divorce is expensive.  I used to joke they were going to call it ‘all the money,’ but they changed it to ‘alimony.’”

Alimony, or more commonly now called spousal support, may be awarded to either spouse during the pendency of a divorce proceeding, or in some cases after Judgment has been entered.  There are two types of spousal support: (1) Temporary; and (2) Permanent. 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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Ex-Union-Tribune owner Douglas Manchester has divorced from his second wife, Russian immigrant Geniya Derzhavina.  Douglas, a wealthy real estate developer, filed for dissolution of marriage in October 2019 and the parties settled their divorce just two months later.shutterstock_448851367

Douglas married his first wife, Betsy, in January 1965.  They divorced in 2013 after 48 years of marriage.   Douglas and Betsy’s divorce lasted four years and Betsy highlighted the couple’s lavish standard of living throughout the proceeding.  Betsy claimed, amongst other things, that in 2007 the parties threw a birthday party for Douglas that cost over $200,000.  The parties then flew on a private jet to Costa Rica where they spent a week on a private chartered yacht.  Betsy claims the Costa Rica trip cost more than $350,000. Continue reading

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Did you know in shutterstock_129857873the state of California, you do not need to be genetically related to a child for a Court to find you to be the child’s parent and issue orders for you to pay financial support of the child?

It’s true! And it can occur under the following circumstances:

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Family law courts across the nation adhere to “guidelines” andshutterstock_755356498 a statutory formula in determining appropriate child support awards.  In actuality, the “guidelines” provide mandatory requirements intended to create uniformity in the calculations of child support that are presumed correct.

The guidelines take into account the general principles that (1) a parent’s first and primary obligation is to support his or her minor child consistent with his or her own circumstances and “station in life” (“station in life” meaning the parents’ social standings, i.e. lifestyle, work status, economic circumstances, etc.); and (2) both parents are by law mutually responsible for the support of their child. Continue reading

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In the headlines the end of 2019, the Miami Dolphins released Running Back Mark Walton hours after he was arrested for charges of aggravated battery against a pregnant woman.  The authorities received a 9-1-1 call in the early hours of November 19, 2019 from Walton’s girlfriend declaring Walton pushed her against a wall and punched her several times in the face and head.  According to her, she endured the beating for 10-15 minutes prior to calling the police.  It is important to note, at this time, Walton has only been charged and has not been convicted for these allegations. Continue reading

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Going through a divorce is one of the most stressful events a person may go through during their  lifetime.  Emotions run high, finances, which may have already been an area filled with worry and stress, may become even more so, mental health suffers, and the process may feel endless.

One of the biggest adjustments after spouses separate is the change in the family’s dynamics.  For many, this means learning how to co-parent.  Courts want parties to co-parent their children and often order parties to participate and complete parenting and/or co-parenting courses. Studies have shown parents who effectively learn to co-parent their children have an increased ability to protect their children from the negative effects of the dissolution process, including any parental discourse. Continue reading

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