Articles Posted in Property Division

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Misconceptions of Signing a Prenup

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Getting married is one of the most exciting life events. You’ve decided to settle down with a certain someone, and you’ve committed the rest of your future to that person. Marriage is not only the union of the two individual people but also a union of every different element of your lives, including property, finances, and general way of life. Before heading down the aisle, you may want to consider having a prenuptial agreement on file. While it may not be the most romantic aspect of your wedding planning, it will set up both parties with a secure understanding of what would happen if things ultimately don’t work out. When it comes to having a prenup, many common misconceptions influence making this important decision.

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Common Signs That May Mean It Is Time for a Divorce

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When a couple decides to get married, the last thing on their minds is the possibility of a divorce. Unfortunately, life takes some unexpected turns, and individuals begin to question whether they made the right decision. It can be a difficult storm to weather, as no one wants to see their fairy tale turn into a nightmare, but many signs may make it apparent that you should consider the possibility of a divorce. Whether you are still living in the same household, or separated and trying to find a way to make things work, consider these common indicators that a divorce may be the only way to move on with your life and be happy.

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Understanding Legal Terms When You’re Going Through a Divorce

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When you face divorce, many factors add to the stress and anxiety you face. One thing that can make the process more challenging is trying to understand all the legal jargon associated with the proceedings. Once you grasp a basic understanding of the terms you hear, the process seems slightly less overwhelming. The terminology described here will help you interpret the phrases you encounter along the way. It is conveniently organized for you under three primary categories.

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Understanding Spousal Support

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Divorce is never an easy process. There are endless factors that can contribute to the ease and difficulty of a legal separation. Many different laws apply when filing and following through with a divorce. One factor to consider when obtaining a divorce in California is the concept of spousal support, which can also be known as alimony. When couples legally separate, the court may order one spouse or partner to pay a certain amount of support money each month. This can be a problematic issue, and it is crucial to find a family law firm that can help you understand support, calculate the amount of support, and help prepare court forms.

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How Is Communal Property Divided?

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When going through a divorce, several things need to be determined, such as child custody, spousal support, and the division of property. Disentangling your life from another person’s can be difficult for several reasons. When you live together for several years, there is a lot that is shared between both partners. For instance, figuring out how to navigate relationships with mutual friends can be an extremely complicated undertaking. While this is something that you’ll have to settle amongst yourselves, matters involving communal property are settled by the courts. But what types of property are considered communal, and how does the judge decide how it should all be divided?

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Why Do I Need a Divorce Attorney?

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If you and your spouse have decided to end your marriage, it is not uncommon to feel overwhelmed when you imagine what to expect over the coming months as your divorce case unfolds. To help, one of the most important things you can do once you have decided to divorce is to hire a divorce attorney. Unfortunately, many people divorcing in San Diego mistakenly believe that they do not need legal representation, choosing to represent their own interests in divorce mediation or litigation in the family court system.

At Bickford, Blado & Botros, we aim to provide our prospective clients with the information they need to make confident and informed decisions about their divorce cases. We firmly believe that reliable legal representation is one of the best assets anyone can have when they face a difficult divorce case. For that reason, we want to provide useful information and emphasize the importance of trustworthy legal counsel as you approach your divorce.

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How Is Spousal Support Determined?

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One aspect of the divorce process that is often misunderstood is spousal support, also referred to as alimony. References to this form of support are often made in the media. Many people wonder why spousal support exists in the first place, beyond a convenient plot device to add drama to an already tense situation. It’s natural for people to be confused about how the courts determine when spousal support is applicable, how much spousal support is owed, and why it’s necessary to have any spousal support at all. Like many other aspects of family law, spousal support has been a part of the system for many years and was created with justice and people’s well-being in mind. That being said, the basic concept of spousal support has certainly undergone several transformations since it was first conceived.

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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_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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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

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