San Diego Divorce Attorneys Blog

April 16, 2021

Can the Reason for Divorce Affect Child Custody?

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When a marriage falls apart, there are usually a plethora of factors at play. That being said, there are also plenty of scenarios where most of the blame can be assigned to a specific issue, such as acts of adultery, problems related to alcohol abuse, desertion, and more. As such, it’s natural to wonder if any of these could impact how child custody is determined. Can such acts affect whether the courts declare someone to be an unfit parent? The truth is that the answer is far from a simple one.

For starters, it’s important to acknowledge that the way divorces are handled overall is a little bit different in California when compared to certain other states. The reason for this is because California is considered a no-fault state. But how does that affect you and your case?

April 9, 2021

What Can I Do If My Spouse Refuses to Be Served the Divorce Papers?

By Andrew J. Botros, APC

What Can I Do If My Spouse Refuses to Be Served the Divorce Papers?

What-Can-I-Do-If-My-Spouse-Refuses-to-Be-Served-the-Divorce-Papers

Divorce is never an easy decision, but it might be the best way to move forward with your life in some situations. Once you’ve decided to get a divorce, the next step is to initiate proceedings and present your spouse with the divorce papers. Unfortunately, said decisions aren’t always mutual. If your spouse does not want the divorce, they might engage in several behaviors to sabotage the process.

One such challenge is when spouses do everything in their power to avoid being served with papers, under the assumption that if they never acknowledge the divorce, it cannot take place. This can be especially difficult when you’re looking for closure. Fortunately for residents of California, there is legal recourse for individuals who find themselves in this situation. To fully understand how this scenario can come to be and what to do if this happens to you, it’s important to be familiar with the process of filing for divorce.

March 26, 2021

Tips for Effective Coparenting Following Divorce in CA

By Andrew J. Botros, APC

Tips for Effective Coparenting Following Divorce in CA

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Transitioning from married life back to single living can be very difficult, especially if you are a divorced parent. It is necessary to not only take care of yourself and adapt to your new reality but also to ensure your children can adjust in the healthiest ways possible. Unfortunately, it is fairly common for recently divorced parents to notice significant changes in their children’s behavior. Some parents even feel lost when it comes to communicating with their children about their new reality. One of divorced parents’ greatest challenges is often reconciling their personal feelings about the other parent with their shared responsibilities.

If you have recently divorced in San Diego and have a child custody agreement with your ex-spouse, it is natural to experience many difficult emotions during the transition phase. However, it is vital to be reasonable and practical when it comes to dealing with your ex. No matter what type of personal issues lie between you and your ex, you both have a responsibility to do what is best for your children.

March 19, 2021

Why Do I Need a Divorce Attorney?

By Andrew J. Botros, APC

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 Andrew J. Botros, APC, 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.

March 11, 2021

Five Things You Should Never Do During Divorce Proceedings

By Andrew J. Botros, APC

Five Things You Should Never Do During Divorce Proceedings

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Your impending divorce may be one of the most difficult experiences of your life, even if you and your spouse arrived at the decision to divorce on mutual terms. Unfortunately, the actual process of ending a marriage tends to bring out some of the worst in some people. If you are like many divorcing individuals, you may find your spouse unrecognizable once your divorce proceedings formally begin.

At Andrew J. Botros, APC, we hope to provide clients and prospective clients in the San Diego area with useful tips and information that help them make more informed decisions about their divorce cases. We understand how stressful these experiences can be for everyone involved and want to help you avoid some of the most common mistakes that can negatively affect your divorce proceedings. Whether you plan to mediate your divorce or go to trial, keep the following tips in mind.

March 7, 2021

Why Every Divorcing Couple Should Consider Mediation

By Andrew J. Botros, APC

Why Every Divorcing Couple Should Consider Mediation

Why-Every-Divorcing-Couple-Should-Consider-Mediation The divorce process is notoriously challenging in several ways. Divorce is certainly emotionally taxing on most people who experience the process, and it can also be expensive while hampering the usual activities of your daily life. While divorce is never likely to be easy, having the right legal team behind you as you approach one of the biggest challenges of your life can make a tremendous difference in the stress you experience.

The attorneys at Andrew J. Botros, APC strive to provide citizens in the San Diego area with critical information and resources. Our desire is to assist clients and prospective clients alike in making more informed decisions about their divorce proceedings. To that end, one of the most crucial things all people contemplating divorce must acknowledge is the advantage of mediation over litigation.

February 26, 2021

Common Mistakes to Avoid During Mediation

By Andrew J. Botros, APC

Common Mistakes to Avoid During Mediation

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When people think of divorce, they often think of long, drawn-out courtroom sessions with insults flung across the room while the judge calls for order with their gavel. Fortunately, that specific scenario only happens on rare occasions. Like many things in life, divorce varies greatly from person to person. That isn’t to say that there isn’t conflict. Even the most amicable separation can result in some hostility when the two parties cannot find common ground and reach an agreement. However, in many cases, litigation isn’t necessary. Instead, couples work through the details of their divorce agreement through a process called mediation.

February 19, 2021

How Is Spousal Support Determined?

By Andrew J. Botros, APC

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.

February 11, 2021

How Much Does a Child’s Preference Impact Custody?

By Andrew J. Botros, APC

How Much Does a Child’s Preference Impact Custody?

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One of the most difficult challenges of going through a divorce is determining the details regarding child custody. Even in situations when the divorce itself is amicable, you and your spouse are likely to have differing opinions regarding how best to proceed with childcare in the aftermath of your separation. Everything from agreeing upon the primary residence and custody schedules to more complex issues like schooling, religion, extracurricular activities, and more can be areas of disagreement.

February 5, 2021

Can Premarital Agreements Be Broken?

By Andrew J. Botros, APC

Can Premarital Agreements Be Broken?

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The purpose of a premarital agreement is fairly straightforward—to provide guidance for how a separation should be conducted if a marriage ends in divorce. Due to its nature, most couples don’t think much of such agreements unless they are actively considering a legal separation. At that moment, it can be incredibly relieving to have such details outlined in advance, especially if the situation between you and your spouse has become contentious. However, depending on the terms of the agreement, there may be questions about whether everything outlined is still relevant or enforceable. To fully understand the limitations of a premarital agreement and under what circumstances the contents may be voided, it’s important to familiarize yourself with a little background regarding what these agreements are and why they exist.