Articles Posted in Post-Judgment Modification

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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4 Ways to Protect Your Assets During a Divorce in California

4 Ways to Protect Your Assets During a Divorce in California One of the important steps in finalizing a divorce is determining how to divide property between the two spouses. In some cases, the division of property can be simple and straightforward. However, it’s possible for complications to arise. It can be helpful to understand the top five ways to protect your assets during a divorce in California to avoid these situations.

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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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The Role of Mental Health Evaluations in Custody Disputes

The Role of Mental Health Evaluations in Custody DisputesIn high-conflict custody cases or divorces, the court’s main concern is the well-being of the child. In order to determine how important matters like visitations and custody are allotted, the courts may evaluate the mental health of one or both parents to ensure that they can provide a stable, nurturing environment.

Mental health evaluations (also known as psychological evaluations) play a crucial role in custody disputes. They can provide the court with an objective assessment of a parent’s psychological state and their ability to care for their child. Understanding how these evaluations work and why they are sometimes required can help parents navigate this challenging aspect of family law.

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The Role of a Guardian Ad Litem in Family Court

The Role of a Guardian Ad Litem in Family CourtCalifornia’s family courts place a high priority on the safety and welfare of children. In certain situations, particularly with high-conflict child custody cases or that involve allegations of abuse, a judge may appoint a guardian ad litem (GAL) to advocate for the child’s best interests.

A GAL can potentially be assigned to any case, so parents should understand the role of a guardian ad litem — when one is necessary and what to expect during the process. Knowledge in this area can help families navigate the court system more effectively.

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Top 6 Questions to Bring to Your Family Law Consultation

Top 6 Questions to Bring to Your Family Law ConsultationFinding the right family law attorney can make all the difference when it comes to resolving your divorce or child custody dispute on favorable terms. The consultation can provide some of the most important insights into a prospective lawyer. This initial meeting is where attorneys learn about your case and offer insights and ideas about how they can help your case.

There is no obligation for the client to sign on with an attorney. The initial meeting is an opportunity for the potential client to feel out whether they want to work with a specific lawyer. Coming prepared with questions can help you make the most of that time. If you are unsure about what to ask an attorney during your consultation, consider these Top 6 Questions.

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