Why should an unmarried father file a paternity case in San Diego? You may have completed paperwork at the hospital and you may be listed on the birth certificate as the father of the child. You may even be paying child support for your baby. However, there is one important legal issue you must be aware of: You have no…
What are the best strategies to protect your business during a San Diego divorce? Will your company be a part of the community property settlement or will it be classified as “separate” property? These are crucial questions for any business or professional practice owner who is considering a divorce. Generally speaking, if you owned your business prior to the marriage…
Commingling community and separate property complicates many Carlsbad divorce cases. Carlsbad, Oceanside, Encinitas and Vista residents who are contemplating divorce may wonder what happens to gifts or inheritances which were given to one partner during the marriage. That depends on whether or not the gift was commingled with marital funds. In the absence of a prenuptial agreement which specifically establishes…
What is the six month waiting period for a divorce in San Diego and when does the clock start? California put this portion of family law in place to ensure that married couples had a “cooling off period” and an opportunity to give full consideration to the decision to divorce. The waiting period also provides time to correct decisions taken…
What are the basics of a business valuation in a San Diego divorce? Why is valuation one of the most central issues in a divorce which involves a business interest or professional practice? If the business or professional practice interest was obtained prior to the marriage and a valid prenuptial agreement excludes the asset, and/or no community funds or labor-related…
It has been almost two years since a new law took effect in California regarding pet custody in a divorce in San Diego and across the State of California. Prior to the new law, pets across the United States were considered to be “property.” As such, community property was to be divided equally between the parties. Pets were property and…
We are often asked “If we share custody 50/50 I have to pay child support?” This is a valid question, especially when one considers the fact that it is quite common in a divorce for parents to share custody and parenting time quite evenly. Our Family Courts generally prefer this type of arrangement whenever possible. It is also important to…
Will infidelity affect spousal support or the division of property in a San Diego divorce? Generally speaking, infidelity is not relevant to divorce proceedings in California. California is a “no fault” state, and the Court will presume the reason for the divorce is simply irreconcilable differences. How will infidelity affect spousal support in our case? The need for spousal support…
What are some of the worst mistakes a parent can make during a San Diego divorce and how will these affect child custody and parenting time goals? Are you a parent who is either considering or about to begin the process of a divorce? Are you seeking at least a share of child custody and parenting time? What mistakes should…
Posting to social media during divorce poses many risks which could have a long term impact on the quality of your life after the divorce. Social media is a good way for friends and family to keep in touch. For the most part, people post pictures of themselves, their kids and their activities with good intentions. However, such information could…