Articles Posted in California

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How to Prove Falsehoods in Divorce Proceedings

How-to-Prove-Falsehoods-in-Divorce-ProceedingsWhenever an individual is involved in any type of legal case, honesty is absolutely essential even when it comes at a detriment to one’s own personal interests. Unfortunately, in many divorce cases in San Diego and throughout California, divorcing spouses attempt to hide assets, make false statements, obfuscate evidence, and otherwise interfere with their divorce proceedings for personal gain. When this occurs, the other spouse must know their legal options and take appropriate action.
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Is Mediation Possible in a Heated Divorce?

Is-Mediation-Possible-in-a-Heated-DivorceThe vast majority of divorce cases filed throughout the United States unfold along relatively tame lines compared to many media portrayals of divorce. However, in rare cases, divorces are hotly contested by one or both parties, and the emotional side of a divorce can have far more influence on the legal side than it should. When emotions prevent rationality in divorce proceedings, everyone ultimately loses. Heated arguments and unwillingness to compromise increase the time, expense, and stress required to end the marriage.
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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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The Consequences of Withholding Visitation Rights

Visitation-RightsVisitation is an important part of any custody agreement. However, it can be difficult to allow your former partner to spend time with your child after having sustained multiple negative experiences with them in the past. In addition to any perceived hostility from the other parent, many situations might make you tempted to withhold visitation, such as attempts by the parent to manipulate your child, failure to pay child support, or even risk of physical or psychological abuse. If the court has already determined that the other parent has visitation rights, withholding visitation is an act of defiance against a standing court order and could result in severe consequences. In fact, the other parent can even accuse you of kidnapping. That’s why it is critical to follow the appropriate legal procedures for your situation instead of simply attempting to withhold visitation rights on your own. A family law attorney can go over the specifics and help you determine the best course of action to ensure the safety and wellbeing of your child. Continue reading

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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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Co-Parenting Over the Holidays

Co-ParentingRegardless of your custody arrangement or relationship with your child’s other parent, navigating the intricacies of co-parenting over the holidays can be difficult. Holiday planning is particularly challenging this year due to the ongoing pandemic, which has introduced new obstacles and complications to anything involving travel. However, even during a normal year, the holidays inherently require a lot of work and careful communication for separated parents. Continue reading

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COVID-19 has affected all sectors of the U.S. population.  The Governor of California, Gavin Newsom, has issued stay-at-home orders for all residents, with limited exceptions for “essential works.”  In California alone, over 1 million workers have filed for employment benefits.  The San Diego Courthouses have all closed to the public and were only processing temporary restraining orders. As of April 8, 2020, the Superior Courts have expanded their accessibility slightly allowing for limited Ex Parte (emergency) Hearings.  Since the Court’s official closure in mid-March, it is believed the Court has received over 7,000 documents via U.S. Mail. None of these documents have been processed during the closure.  This figure does not account for the presumably high number of Court filings that have been postponed or the number of hearings that were scheduled to occur during the 2 ½ months the Court has been closed.  Those hearings will have to be continued to a date in the future.  So, what can we expect once the Courts are able to re-open in any capacity? Continue reading

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AdobeStock_323666821-scaledAlthough a divorce in California could be finalized in as quickly as 6 months, if the former spouses have children together they are stuck with each other for 18 years, and longer!  The truth is that child custody and visitation issues linger long after the final divorce papers are signed.  This is because as children grow older their needs and activities change.  Similarly, throughout the years parents move on with their separate lives and some acquire new jobs or partners.  Due to these factors, a visitation schedule that was implemented at the beginning of the case may not always work for the family a few years later.  This blog will explore how parents can request a modification to the current visitation schedule exercised by their family. Continue reading

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Making headlines recently, a 26 year old man was arrested after punching his mother in the face during a dispute about toilet paper.  A few months ago this news likely would not have even made the headlines.  The state of our world as we know it has drastically changed and headlines, like this one, are becoming more common place.AdobeStock_346386251-1-scaled

At first glance this headline might appear amusing or even bring up flashbacks to that episode of Seinfeld when Elaine’s bathroom “stall-mate” just could not “spare a square.”  In reality, the underlying issues being addressed in this caption are much more severe than they may at first seem.  What is the issue?  Domestic violence and its’ escalation amid the COVID-19 pandemic.

What is domestic violence? Continue reading

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