Articles Posted in Divorce Settlement

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What Happens When a Judge Determines Child Custody?

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Divorce can be one of the most challenging experiences of any person’s life, but the process tends to be especially hard on parents. The breakdown of a marriage is one thing, but the breakdown of a family unit raises an entirely new set of concerns and issues that demand thoughtful consideration.

In California, state law dictates that all family court judges must ensure that any divorce involving children preserves those children’s best interests. Regardless of whether divorcing parents intend to go to court or mediate their divorces, the California family court system must approve their parenting plan and ensure safe care, custody, and support for the couple’s children.
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The Basic Timeline of a Divorce Case and FAQ

The-Basic-Timeline-of-a-DivorceDivorce is typically one of the most difficult experiences of a person’s life. It is natural to feel a mix of frustration and confusion as one accepts the reality of an impending divorce. It is also natural to have many questions about the legal process of divorce. At Andrew J. Botros, APC, our San Diego divorce attorneys understand how challenging divorce can be and want to provide as much clarity about the process as we possibly can. It’s essential to know how a typical divorce case unfolds, the differences between mediation and litigation, and the common problems divorcing individuals face through their proceedings.
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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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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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The other day I was asked, “Why do I need to pay child support to my ex-wife if we care for our children equally?”  This is a great question that requires some understanding of both California law and public policy.  At first blush it may seem unreasonable and unfair that one parent must pay the other parent child support even though both parents equally care, house, feed, and pay for their children’s livelihood and well-being.

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Let’s start by looking at California Family Code section 4053, which is the statute that provides courts with overarching principals to consider when implementing a child support order.  This statues states, in part, that “a parent’s first and principal obligation is to support the parent’s minor children according to the parent’s circumstances and station in life.” (emphasis added.)  The statute also states that, “the [child support] guideline takes into account each parent’s actual income and level of responsibility for the children” and that “each parent should pay for the support of the children according to the parent’s ability.” (emphasis added.)  The statute also explains that child support “should minimize significant disparities in the children’s living standards in the two homes” and that “children should share in the standard of living of both parents.” (emphasis added.) Continue reading

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One of the hot button issues in any divorce case is spousal support.  Standard questions that might float through a party’s mind include, but are not limited to, “what party will pay support?”, “how much support will I pay/receive?”, and “how long will I pay/receive support for?”  This blog will focus on spousal support duration and termination.  For information regarding how spousal support is calculated, please review one of our other blog posts or call our office for more information.                AdobeStock_28412700-300x292

In California, “except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.” (See California Family Code section 4336(a)(emphasis added.)  Pursuant to Family Code section 4336(b), a marriage of long duration includes any marriage (from the date of marriage to the date of separation) lasting 10 years or longer.  Therefore, in California, the court generally retains jurisdiction to make spousal support orders for marriages lasting 10 years or longer. Continue reading

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Parties in the middle of a divorce often long for that light at the end of the tunnel when they can finally say that it is over!  Although it may seem like you will never reach the end, everyday parties are finalizing their divorce judgments and moving on with their lives.  Once a divorce judgment has been entered with the court there are several steps that must happen at the conclusion of a case to ensure that all items are appropriately wrapped up.  If you have any additional questions or concerns regarding the end of your case, you should contact your attorney immediately. Continue reading

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AdobeStock_151263740-300x200Once the initial paperwork in a divorce proceeding is filed, both parties must complete what is called a “Preliminary Declaration of Disclosure.”  This disclosure mainly consists of two documents, the first is the party’s “Schedule of Assets and Debts” and the second is the party’s “Income and Expense Declaration.”  Just as the names imply, these forms are designed to gather information related to each parties’ assets, debts, income, and expenses.  In addition to being mandatory, these disclosures are due early on in the case and are extremely important as they will be the framework for which a settlement, if possible, is reached. Continue reading

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