Articles Posted in San Diego

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Characterization of Marital Assets in Divorce

Characterization of Marital Assets in DivorceIf you or your spouse have filed for divorce, or if you are planning to file for divorce, you may be wondering how the California family court will decide who gets what in terms of assets, property, and other valuables you and your spouse share in marriage. It is important to have an overall general understanding of the legal process for marital property division in California before you get to court, especially if you have inherited property either before or during your marriage.
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Guide to California Military Divorce

Guide to California Military DivorceSan Diego is home to more than 115,000 active-duty service members in the Navy and Marine Corps, so it makes sense for a law firm to reach out to those service members by providing legal services aimed specifically at representing those San Diego residents. Andrew J. Botros, APC understand the need for military-focused attorneys who have a deep comprehension of the laws that apply to military members. Representing military divorce clients falls under this category.

Military divorce can be a bit different from civilian divorce, and it is important to understand exactly how it is different if you are involved in a military divorce. Areas such as child custody, child support, property division, and even the initial petitioning for divorce can all be complicated for military service members. Below is a guide to understanding these differences within the realm of California family law.

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Understanding the Sensitivities of Same-Sex Divorces

Understanding the Sensitivities of Same-Sex DivorcesCalifornia has been a trailblazer when it comes to recognizing same-sex couple rights, including same-sex marriage, which became legal in 2015. Despite the 10-year anniversary of the legalization of same-sex marriage, same-sex divorce is still met with challenges and must be handled with care, as it can often be a delicate legal issue for some couples.

While the laws apply to same-sex divorce exactly the same as they do to heterosexual divorce, the majority of same-sex divorce cases don’t play out in the traditional manner. Because of the unique circumstances of these cases, it takes a special legal perspective to navigate the intricacies of same-sex divorces.

It should be noted that custody matters, child support, spousal support, division of assets, and the actual process for the dissolution of marriage are the same for heterosexual and same-sex divorces. However, due to the infancy of same-sex unions, same-sex divorces still meet challenges within the realm of California law.
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How to Bring Up a Prenup Discussion with Your Partner

How to Bring Up a Prenup Discussion with Your PartnerNo one plans for their marriage to end in divorce, but some people like to be prepared for things. A prenuptial agreement is like marriage insurance. No one plans to be in an accident, but some people take out a full coverage insurance policy to be prepared.

If you have assets going into marriage, the sensible and responsible thing to do is to protect those assets by developing a prenuptial agreement. Chances are you’ll never need to use your prenuptial agreement, but if you do, you’ll be glad it’s there.

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Should I Choose Mediation for My Divorce?

Should I Choose Mediation for My Divorce?Divorce in California can be extremely difficult. Whether the marriage lasted a few months or decades, there are a lot of emotions that can be involved during separation. When it comes to ending a marriage, there are many different options for carrying out the process. While it is common for each side to hire litigation and dispute items in court, mediation is another option that can be more peaceful and leave fewer scars.

Mediation is an opportunity for both of the divorcing parties to talk through their differences together and come to an agreement outside of the courtroom. If you are looking for a quick and easy divorce but still have some disputes about the divorce agreement, then mediation may be an option for you and your ex-spouse.
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Do I Need to Add a Moving Clause To My California Custody Agreement?

Do I Need to Add a Moving Clause To My California Custody Agreement?During a California divorce, it can be extremely difficult for couples to reach agreements on decisions related to the future of their children, such as issues related to child support, child custody, and visitation. This process can be emotionally distressing for both parties involved.

On top of that, the topic of relocation often arises, as some parents may wish to move cities or states based on new life prospects.

In particular, California offers many new opportunities across the state, and many prompt parents to want to move. When drafting and executing a custody agreement, it’s important to take this into account and consider adding a “moving clause” to the custody arrangement.

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Unpredicted Tax Implications of Social Security Benefits and Property Arrangements During Divorce

Unpredicted Tax Implications of Social Security Benefits and Property Arrangements During Divorce
If you are facing a divorce in California, you are likely primarily concerned about alimony payments, property division, and, if you have children, child support, custody, and visitation. However, there are many additional financial implications that should be considered. For example, there may be unintended consequences or unknown advantages, depending on how you classify the property settlement and spousal support, or alimony.

Therefore, when it comes to divorce, it can be highly advantageous to work with California lawyers who also have an extensive background in accounting. The family lawyers at Andrew J. Botros, APC have an accounting background and can take into account all of your financial details to help you anticipate how to optimize your situation for the future.
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Child Visitation and Custody Arrangements for Parents With Young Children

Child Visitation and Custody Arrangements for Parents With Young Children

Couples getting divorced in California are likely thinking first and foremost about the impact their divorce will have on their children. Couples with young children will specifically have different aspects of family law to consider than those with older children, such as child visitation and custody arrangements.

While parents may be tempted to plan for the present moment, thinking only of the needs of their young children right now, it’s important to keep the future of the children in mind as well. Andrew J. Botros, APC explains how couples can take into account the needs of their young children now while designing a custody and visitation arrangement that will continue to work for the children as they age into their teenage years.
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Post-Decree Modifications After a California Divorce

Post-Decree Modifications After a California Divorce

Life changes, sometimes quickly and often, and what once worked as an agreed-upon divorce term suddenly isn’t relevant to the lives of the family members anymore. Remarriages, a new job, relocations, a loss of a job, or any of dozens of other things that affect families can occur and change everything. In many cases, it is necessary to revisit post-decree terms of divorce and modify them to meet the current needs of the family. When an adjustment to an existing court order is needed, a court-ordered modification is necessary.

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What You Need to Know About Same-Sex Divorce in California

What You Need to Know About Same-Sex Divorce in California

Married gay and lesbian couples facing divorce have the same rights as opposite-sex couples in California. However, there are some facets of same-sex divorce that make the process different and oftentimes more challenging. Below are some unique caveats of same-sex divorce that should be considered.

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