Articles Posted in California

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Understanding Legal Terms When You’re Going Through a Divorce

Understanding-Legal-Terms-When-Youre-Going-Through-a-Divorce

When you face divorce, many factors add to the stress and anxiety you face. One thing that can make the process more challenging is trying to understand all the legal jargon associated with the proceedings. Once you grasp a basic understanding of the terms you hear, the process seems slightly less overwhelming. The terminology described here will help you interpret the phrases you encounter along the way. It is conveniently organized for you under three primary categories.

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Understanding Spousal Support

Understanding-Spousal-Support

Divorce is never an easy process. There are endless factors that can contribute to the ease and difficulty of a legal separation. Many different laws apply when filing and following through with a divorce. One factor to consider when obtaining a divorce in California is the concept of spousal support, which can also be known as alimony. When couples legally separate, the court may order one spouse or partner to pay a certain amount of support money each month. This can be a problematic issue, and it is crucial to find a family law firm that can help you understand support, calculate the amount of support, and help prepare court forms.

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How Is Communal Property Divided?

How-Is-Communal-Property-Divided

When going through a divorce, several things need to be determined, such as child custody, spousal support, and the division of property. Disentangling your life from another person’s can be difficult for several reasons. When you live together for several years, there is a lot that is shared between both partners. For instance, figuring out how to navigate relationships with mutual friends can be an extremely complicated undertaking. While this is something that you’ll have to settle amongst yourselves, matters involving communal property are settled by the courts. But what types of property are considered communal, and how does the judge decide how it should all be divided?

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Under What Circumstances Can a Child Custody Agreement be Modified?

Can-a-Child-Custody-Agreement-be-Modified

Going through a divorce can be an exceedingly long, stressful process, even when the separation was relatively amicable. During the proceedings, many decisions must be made, including child custody and child support. Once these have been finalized, it can be tempting to consider the matter fully resolved, but when there are children involved, that is rarely the case. There are a significant number of unexpected circumstances that can crop up after you’ve settled your custody agreement, ranging from changes in your life or your spouse’s life to potential new needs of your child. At the same time, modifying your agreement is not the simplest process.

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Can the Reason for Divorce Affect Child Custody?

Can-the-Reason-for-Divorce-Affect-Child-Custody

When a marriage falls apart, there are usually a plethora of factors at play. That being said, there are also plenty of scenarios where most of the blame can be assigned to a specific issue, such as acts of adultery, problems related to alcohol abuse, desertion, and more. As such, it’s natural to wonder if any of these could impact how child custody is determined. Can such acts affect whether the courts declare someone to be an unfit parent? The truth is that the answer is far from a simple one.

For starters, it’s important to acknowledge that the way divorces are handled overall is a little bit different in California when compared to certain other states. The reason for this is because California is considered a no-fault state. But how does that affect you and your case?

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What Can I Do If My Spouse Refuses to Be Served the Divorce Papers?

What-Can-I-Do-If-My-Spouse-Refuses-to-Be-Served-the-Divorce-Papers

Divorce is never an easy decision, but it might be the best way to move forward with your life in some situations. Once you’ve decided to get a divorce, the next step is to initiate proceedings and present your spouse with the divorce papers. Unfortunately, said decisions aren’t always mutual. If your spouse does not want the divorce, they might engage in several behaviors to sabotage the process.

One such challenge is when spouses do everything in their power to avoid being served with papers, under the assumption that if they never acknowledge the divorce, it cannot take place. This can be especially difficult when you’re looking for closure. Fortunately for residents of California, there is legal recourse for individuals who find themselves in this situation. To fully understand how this scenario can come to be and what to do if this happens to you, it’s important to be familiar with the process of filing for divorce.

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Tips for Effective Coparenting Following Divorce in CA

Tips-for-Effective-Coparenting-Following-Divorce-in-CA

Transitioning from married life back to single living can be very difficult, especially if you are a divorced parent. It is necessary to not only take care of yourself and adapt to your new reality but also to ensure your children can adjust in the healthiest ways possible. Unfortunately, it is fairly common for recently divorced parents to notice significant changes in their children’s behavior. Some parents even feel lost when it comes to communicating with their children about their new reality. One of divorced parents’ greatest challenges is often reconciling their personal feelings about the other parent with their shared responsibilities.

If you have recently divorced in San Diego and have a child custody agreement with your ex-spouse, it is natural to experience many difficult emotions during the transition phase. However, it is vital to be reasonable and practical when it comes to dealing with your ex. No matter what type of personal issues lie between you and your ex, you both have a responsibility to do what is best for your children.

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Why Do I Need a Divorce Attorney?

Why-Do-I-Need-a-Divorce-Attorney

If you and your spouse have decided to end your marriage, it is not uncommon to feel overwhelmed when you imagine what to expect over the coming months as your divorce case unfolds. To help, one of the most important things you can do once you have decided to divorce is to hire a divorce attorney. Unfortunately, many people divorcing in San Diego mistakenly believe that they do not need legal representation, choosing to represent their own interests in divorce mediation or litigation in the family court system.

At Andrew J. Botros, APC, we aim to provide our prospective clients with the information they need to make confident and informed decisions about their divorce cases. We firmly believe that reliable legal representation is one of the best assets anyone can have when they face a difficult divorce case. For that reason, we want to provide useful information and emphasize the importance of trustworthy legal counsel as you approach your divorce.

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Five Things You Should Never Do During Divorce Proceedings

Five-Things-You-Should-Never-Do-During-Divorce-Proceedings

Your impending divorce may be one of the most difficult experiences of your life, even if you and your spouse arrived at the decision to divorce on mutual terms. Unfortunately, the actual process of ending a marriage tends to bring out some of the worst in some people. If you are like many divorcing individuals, you may find your spouse unrecognizable once your divorce proceedings formally begin.

At Andrew J. Botros, APC, we hope to provide clients and prospective clients in the San Diego area with useful tips and information that help them make more informed decisions about their divorce cases. We understand how stressful these experiences can be for everyone involved and want to help you avoid some of the most common mistakes that can negatively affect your divorce proceedings. Whether you plan to mediate your divorce or go to trial, keep the following tips in mind.

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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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