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Divorce

Pet Custody and Divorce

Divorce lawyers across the country have seen a dramatic increase in pet custody disputes over the last decade.  This is partly due to a shift in societal attitudes.  People have increasingly come to see pets as members of their family, deserving of affection and happiness, and whose presence in the home is essential to their personal happiness and the happiness of their children.  Because the law in all states still considers pets to be property, the problem of disputed pet custody and support has required creative legal solutions.

How Courts Handle Pet Custody Disputes

Although pets are considered property, their low dollar value and status as beloved family members means they cannot reasonably be sold and the proceeds divided in the same way as other property.  Rather, the court will either award custody of the pet to one party or craft a shared-custody or visitation agreement.  In doing this, most judges will consider: Continue Reading

Getting Temporary Emergency Orders in San Diego Divorce and Family Law Cases

If you have a divorce or other family law case pending in a San Diego court, there’s a difference between getting a temporary order and an emergency order.  Temporary orders are common, and these are usually orders that a court makes after a hearing with all parties.  But sometimes one side may ask the court to make an order immediately—without notifying the other side and without a hearing.  This is called an “ex parte” order, and they’re not granted in the typical divorce or child custody case.  Continue Reading

Divorce and Facebook: Could You Be Hurting Your Own Case?

Do you know who’s looking at your Facebook page?  Most people know that potential employers often check out your Facebook or MySpace profile before hiring you.  But, this is also an important consideration if you’re going through a divorce.  Your social media accounts (such as Facebook, MySpace, Twitter, YouTube, or LinkedIn) could contain a mountain of evidence that your soon-to-be ex spouse might use against you in court.

The use of online evidence in divorce cases has become so common that Time magazine recently featured an article about Facebook and divorce.  It has been reported by the American Academy of Matrimonial Lawyers that over the last five years, 81% of its divorce attorneys have dealt with evidence obtained from social networking websites.  When someone is going through a divorce, these websites can serve as an outlet to express their feelings of anger, hurt, or disappointment.  But sometimes, a person’s online posts may come back to haunt them. Continue Reading

Modifying Alimony/Spousal Support in California

The idea that a husband should financially support his ex-wife in the form of monthly alimony payments after a divorce has remained a tenet in divorce law throughout the United States and in California. According to the U.S. Census Bureau, in 2009, men accounted for 97% of alimony.  Alternatively, the idea that a dissolution order wherein both parties waive any right to past, present, or future alimony is FINAL has been perceived as an absolute in divorce law. Yet, both of these concepts are being challenged as the recession has given rise to greater numbers of unemployment and has depleted retirement and saving accounts.  According to statistics gathered by the American Academy of Matrimonial Lawyers, there has been a “spike” in clients seeking modification of their alimony obligations and attempts to rewrite divorce agreements.
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The 7 Deadly Sins You May be Guilty of After Your California Divorce

The road toward getting your California divorce judgment probably felt long and rough at times.  You worked hard to protect your family and financial interests during the divorce, and now you need to do the same after the divorce.  While not quite “deadly sins,” it’s still essential that you avoid these post-divorce mistakes before any damage is done.  You may want to ask yourself, are you guilty of any of the following? Continue Reading

Family and Financial Protection During Your San Diego Divorce, Part Two: What Other Court Orders Will You Need?

Divorces in San Diego and throughout California can’t become final until at least six months after a spouse is served with divorce papers.  Usually, a divorce will take longer than this minimum waiting period.  Many steps need to be taken during the transition to protect your family, business, and finances.

For divorcing spouses who have kids, a Divorcesupport.com blog provides advice on how to best meet your children’s emotional needs during a divorce.  It cautions that you shouldn’t be the only one providing your kids with emotional support.  When family and friends aren’t enough, then look for counseling options.  You’re also encouraged to get emotional support for yourself, such as through a local support group, family, and friends. Continue Reading

Family and Financial Protection During Your San Diego Divorce, Part One: Mandatory Restrictions

Here in San Diego, there’s no shortage of ways for a divorcing spouse to spend away all of the couple’s assets during a divorce, if he or she really wanted to.  Thankfully for the other spouse or domestic partner, one important way that California deals with this concern is with “automatic temporary restraining orders.”

An automatic temporary restraining order (ATRO) sets out many ground rules that both spouses have to comply with during the divorce process, known as “dissolution of marriage” in California.  For the spouse who begins the divorce, the ATROs are effective when the divorce papers are filed in court.  For the spouse responding to the divorce, the order goes into effect once the divorce papers are served. Continue Reading

Getting Through the Recession in San Diego: What You Should Consider if You Need a Divorce

Whether it’s true or not that divorce rates rise when the economy falls, it’s no surprise that San Diego divorces are affected by the recession in one way or another. A Time article points out that for some persons who are seeking divorce, it makes financial sense to divide assets now while businesses and stocks are valued lower. Meanwhile, others find themselves living together after separation because they can’t afford to maintain separate households. Continue Reading

Is it Yours, Mine, or Ours? Getting Married in California and Meeting Your Goals

If you’re getting married, then you should think about how California’s community property rules will affect you, and whether there’s a better way for you to promote your financial goals.  You may have heard that after seven years together, Harrison Ford and Calista Flockhart confirmed they’re getting married, and I can’t help but wonder-will there be a prenup?  Thinking back to another famous Hollywood marriage, the Tom Cruise-Katie Holmes prenuptial agreement reportedly provides Holmes from between $3 to $33 million per year, according to MSNBC. Continue Reading