Why does the Date Of Separation or DOS matter in a Carlsbad divorce? California divorce law uses the date of separation as an important “line” when dividing community property. The central asset and debt issues in a divorce are: When did the parties become a “community” When did the parties cease to be a “community” and become separate parties in…
Spousal Support
Women Often Face Substantial Financial Challenges After Divorce
A recent study has brought a concerning fact to light with respect to divorce: women often face substantial financial challenges after divorce. The myth commonly portrayed in movies and television shows women who “win” a divorce case resulting in big child custody, support and spousal support payments. This new study points to a different reality. The Certified Family Law Specialists…
What is the Difference Between Temporary and Permanent Spousal Support Orders
What is the difference between temporary and permanent spousal support orders in a Carlsbad divorce case? What do you need to immediately know about temporary orders? Will temporary orders affect the permanent orders ultimately issued in your case? The party who initially files the divorce petition may request initial orders from the judge regarding matters such as child custody and…
Mediation Can Substantially Reduce the Cost of a Carlsbad Divorce
How can mediation substantially reduce the cost of a Carlsbad divorce? The majority of those who seek a divorce in North County San Diego are looking to keep costs down as much as possible. The fact that more than 80% of local divorcing couples attempt to begin the divorce process without an attorney is evidence of this fact. It is…
How is Spousal Support Established in a Carlsbad Divorce
Are you concerned about your ability to support yourself financially after a divorce? How is spousal support established in a Carlsbad divorce? If you are going to receive support from your former spouse, how long will it last? Will you have to find employment and become self-sustaining? These are often among the first concerns our clients share when meeting with…
What is Considered to be Domestic Violence in Carlsbad?
What is considered to be domestic violence in Carlsbad and what impact can domestic violence have upon a divorce in Carlsbad, Oceanside, Encinitas or Vista? Legally, domestic violence is considered to include intentional or reckless physical, verbal, emotional or psychological abuse as well as threats of abuse when both parties have been involved in an “intimate” relationship. This includes living together…
Will I Get Spousal Support in my North County or Carlsbad Divorce?
We are often asked “Will I Get Spousal Support in my (North County or Carlsbad) Divorce? Spousal support is intended to balance the financial strength of each party at the outset of a divorce (temporary spousal support) and once final orders have been issued. Unlike child support where there is a specific guideline calculator provided under state law, spousal support…
What Impact Will Remarrying Have Upon a Prior Divorce Settlement?
What impact will remarrying have upon a prior divorce settlement? If you or your former spouse remarries it may directly change some of the orders from a prior divorce settlement. Remarrying will absolutely change the financial “status quo” of previous spouses which may require the modification of previous orders. It may also signify an immediate end of some support obligations.…
Seeking Modifications to your North County or Carlsbad Divorce Orders
Are you seeking modifications to your North County or Carlsbad divorce orders? What must occur for you to successfully pursue a change in orders relating to: spousal support child support child custody or parenting time domestic violence or abuse The answer to your question is actually quite legally complex. The decision of whether or not the Court will hear your…
How is Temporary Spousal Support Calculated in North County San Diego?
How is temporary spousal support calculated in a North County San Diego divorce case? What is the difference between a “temporary” order and a “permanent” order and why does this matter? Lets begin with the second question first. “Temporary” orders are issued by the Judge in your case near the outset of the divorce. These orders are designed to keep…