Articles Posted in Divorce and Remarriage

Voluntary Declaration of Parentage in San Diego

Voluntary Declaration of Parentage in San Diego

A voluntary declaration of parentage (VDOP) is a legal form that creates parentage for a child in California outside of the court system. When both parents sign a VDOP, they both attest that they are the child’s legal parents, which gives the father/second parent all of the rights and responsibilities as if a court had ordered parentage.

In San Diego, most voluntary declarations of parentage are signed at the hospital at the time of birth, but may also be signed later at an office. It is useful for California parents to understand the VDOP process, where to sign a VDOP, and the legal effects of signing to help protect parental rights and provide benefits to the child.

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Dividing Community Property in a California Divorce

Dividing Community Property in a California Divorce

Dividing community property in a California divorce is a crucial step in the process of legally ending a marriage. As California is a community property state, most assets and debts acquired during the marriage are considered jointly owned and must be divided equally between spouses upon divorce. Understanding how community property laws work in California is essential to ensure a fair and equitable division of assets and to protect your financial rights and interests.

Property division may involve vehicles, real estate, retirement accounts, bank accounts, and even certain debts. Familiarizing yourself with what is considered community property versus separate property can help you better prepare for negotiations or court proceedings with a clear understanding of your rights and what is subject to division.

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Understanding How California Determines Spousal Support Payments

Understanding How California Determines Spousal Support Payments

Spousal support can be an important part of your California divorce, helping the spouse with a lower income maintain financial stability during and after separation. It’s important for the paying and receiving spouse to understand how California determines spousal support payments.

The court may award temporary support during the divorce or long-term support following divorce. The length of the marriage, both spouses’ income and earning potential, and other factors will play a role in the court’s decision. Understanding the types of spousal support and calculation methods will allow you to be prepared for negotiation and litigation.

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Non-Traditional Families and the Law

Non-Traditional Families and the LawFamilies today don’t always follow the “Mom-Dad-Kids” template. Around San Diego, you’ll find LGBTQ+ co-parents, polyamorous families, platonic co-parents, cohabiting exes, stepparent blends, and chosen families of every kind. Yet, California’s legal framework, which is built largely for traditional two-parent, biological scenarios, can leave these modern families vulnerable.

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The Reality of Divorce PTSD

The Reality of Divorce PTSDDivorce is often talked about as a legal process, referencing a set of documents, court dates, and custody schedules. However, for many adults, divorce can shake their sense of safety, identity, and trust, leaving emotional wounds that feel more like trauma than just heartache. Legally, people tend to focus on the logistical divorce process and assume it is over after these tasks are completed. However, there is a reality to divorce PTSD that affects many divorced individuals.

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The Rise of Birdnesting

The Rise of BirdnestingWhen a marriage ends, one of the hardest questions for separating parents is: where will the children call home? The traditional model usually means kids split their time between two households, which can create an upheaval in routines, friendships, and emotional stability. However, a growing trend known as birdnesting (or “nesting”) changes that dynamic.

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Custody Cases With Domestic Violence

Custody Cases With Domestic Violence California Family Court is conscious of the need for assistance and programs that address the issues of domestic violence. At the same time, whenever possible, they want to allow every child to have the opportunity to have a relationship with both parents, despite the presence of domestic violence. The interest of the child must be held paramount to all other considerations, as well as the protection of the child’s primary caregiver.

Domestic violence occurs more often than most people realize and affects many families in California. Domestic violence significantly impacts family law when the courts must rule over custody orders for divorcing parents or those parents involved in custody cases in which domestic violence is present.

In some cases, supervised visitation is the answer. In other situations, protective orders are necessary. Every case that involves domestic violence is unique, but every case is, at the same time, handled with care. When a case involves domestic violence, the law makes it clear what the outcome for custody orders should be.

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Cracking the Code on Attorney/Client Privilege

Cracking the Code on Attorney/Client Privilege Many people don’t realize that the attorney/client privilege applies to all attorney/client relationships, even those existing within family law. For instance, when a spouse hires a divorce attorney, they should feel comfortable disclosing the full truth to their attorney without fear that it will be divulged to other parties, even to their spouse’s opposing legal team.

While the attorney/client privilege is a pillar of the American judicial system, there are some instances when states have to refine the law and add exceptions to the rule. We’ve outlined the client/attorney privilege as it affects California family law.
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Top 3 Tips for Navigating Child Custody Disputes in California

Top 3 Tips for Navigating Child Custody Disputes in California After you finalize a divorce, the hope is that you won’t have to deal with issues with your ex-spouse any longer. Unfortunately, divorce isn’t always the end for some people. This can be especially true when children are involved. If you were married with minor children, it’s likely that child custody came up as a term of the divorce. If you’re struggling with the terms of your child custody outcome, here are several tips for navigating disputes in California.

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What to Expect Out of a Divorce in California

What to Expect Out of a Divorce in California You’ve been served divorce papers, and you’re not sure what to do next. Navigating a divorce can be stressful and confusing due to the emotional implications of the process alone. Moreover, every divorce is different, so it can be difficult to know what to expect out of the process. Depending on the unique facets of your marriage, divorce settlements can involve any number of terms and conditions.

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