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Articles Posted in Post-Divorce Issues

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 Bickford, Blado & Botros, 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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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

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

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

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

Although a divorce in California could be finalized in as quickly as six 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.  AdobeStock_90193560-300x200

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.

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It is no secret that the San Diego Family Law Courts are overutilized, overworked, and overbooked.  When a party files a motion with the court it can often take several months, or longer, to get a hearing date!  This can be frustrating for litigants who want to move their case forward towards closure.  But what happens when an emergency comes up in your case and you cannot wait months for a hearing date?  Luckily, there is a procedure and solution to allow the court to hear an emergency issue within a day or two, and that is called an “Ex Parte” hearing.  At an Ex Parte hearing, judges can make temporary emergency orders, when appropriate.

Pursuant to California Rules of Court, Rule 5.151(b), “[t]he purpose of a request for emergency orders is to address matters that cannot be heard on the court’s regular hearing calendar….[and] the process is used to request that the court: Continue reading

original_1668472411-300x183The  COVID-19 pandemic has disrupted all American’s lives and created a trickle-down effect upsetting aspects of our lives many did not originally anticipate.  Federal and State governments have blown the metaphorical whistle signaling the changing of tides and ordering the closure of stores, schools, government offices, and generally life as we have known it.

The Department of Labor reported over 6.65 million Americans filed for unemployment insurance last week.  In California alone, almost one million claims were filed in the last two weeks.

Of the myriad of people facing loss of employment amid the pandemic, some will be fortunate enough to receive severance packages as they make their exit.  Whether this feels fortunate or not will likely depend upon the following information regarding how severance pay is handled by the Court for support purposes. Continue reading

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