Friday, April 25, 2014

San Diego Lawyer Helps Families

San Diego Lawyer
If you are contemplating divorce, a San Diego lawyer can help.  We work with families as they go through a divorce and afterwards if they are unhappy with the judges decision.  Family court is a complicated place with divorce laws and procedures dictating outcomes more often than actual facts.  If you don’t know what you are doing you can get lost in the process, deal with extreme frustrations, and lose the things that are the most important to you.  We understand that this is a difficult time emotionally and will take care of the legal details so that you can focus on helping your family through the process.

Everyone only has so much bandwidth.  While going through a divorce people are dealing with the emotional loss of their family unit and when children are involved you will not only have to process through your own emotions but also theirs.  When you add on top moving to a new house, sorting through belongings, and speaking with family and friends, it can become a roller coaster of emotions that make it difficult to handle the technical aspects of the divorce.  We sympathize for the difficulty you are facing but understand that the process doesn’t stop.

As a San Diego lawyer, we handle the legal aspect so that you don’t have to.  There are a massive amount of forms that need to be completed, documents that must be filed, hearings that need to be scheduled, and appearances before the court.  Even savvy business people can find it difficult to navigate through the complexities of the court system.  Don’t make the mistake of trying to go it on your own, especially when children are involved.  The decisions you make now will impact the rest of your life, or at least until your children turn eighteen.

If you and your spouse are having an amicable divorce there is the possibility of setting outside of court.  Whether working through your attorneys or your attorneys and a mediator, you may be able to reach a consensus on the various issues within your divorce.  If you can, it will save you time and money, and you will have more control over the outcome.  Court is unpredictable, and the judge will make decisions that you have to live with, whether you like them or not.  It may be wise to try mediation if you are in the place to do so.  We will still protect your interest and make sure that you don’t agree to anything that could harm you in the long run.

If you have already completed your divorce but don’t like the current custody or child support arrangement, you can go to court and have the decision reconsidered.  We can help you with this process.  The key is that we need to present new information that was not presented during your prior divorce trial.  This may be as simple as you or your ex spouse’s income changing or the children wishing to go to a new school.  Whatever it may be if it is related to your divorce give us a call and we will be happy to review your case. 

Thursday, April 17, 2014

Tips from a Local Divorce Attorney

Divorce Attorney
This is a difficult time and a divorce attorney can guide you through the process so that you and your assets are protected. If you are considering a divorce, we recommend that you schedule an appointment to have a consultation.  There are things you can do ahead of time to protect yourself and your family.
Here are some things to consider:
·         Where do you want to live after the divorce?  You need to make preparations for this ahead of time.  If you have children, the home becomes more valuable because whoever continues to live in the “family home” could be viewed to have more stability.  If you want to share custody try to live within the school district, even if you do move.  This is one of several factors when determining custody so if possible, put yourself in a good position by staying in the home until after the divorce has been finalized.
·         What custody schedule do you want to have?  Try to set the schedule at the time of separation for what you want to have in the long run.  Judges will often look to the existing schedule to determine what is working.  If it appears to be going fine, they will likely just keep your existing schedule in place as part of the divorce.  If you want primary custody try to keep the kids as much as you can now.
·         What do you do for work?  Employment consistency will help with showing you are stable and a good provider for the kids.  If you haven’t been working and have been depending on your spouse for income, we can help you to create a strategy to obtain spousal support. 
·         Examine your assets.  Are their certain things that you want out of the divorce?  If so we need to know right away and know your thinking behind why you thing they should belong to you.  It is our job to make your case and the more information we have, the better.
·         What will you compromise on?  As a divorce attorney, it is rare to see someone get everything that they want.  It is best to know which items you are willing to compromise on and which ones you are non-negotiable.  This gives us something to work with.
·         Bank accounts.  If you want to get a divorce, it is smart to take out a credit card in your name only and to open a separate bank account where you can place some savings.  When your spouse finds out about the divorce, they could respond in anger and try to take you off of your accounts.  While this is illegal, and we can help correct it, you could be in a temporary lurch and this is not a stress you need to deal with. Prepare for financial challenges by saving some money.

Timing is important when you are planning for a divorce.  If you do it correctly, you can have more of what you want.  Call us today to learn how a local divorce attorney can help. 

Thursday, April 10, 2014

How an Attorney Can Help With a Military Divorce

As a San Diego attorney, we work with a lot of military families that are going through a divorce.  This is a difficult time for anyone and being in the military can present a whole new set of challenges.  There are both California laws and military laws that need to be followed, making hiring an experienced military lawyer an important part of the process.
We work with people that are stationed at North Island Naval Air Station, Camp Pendleton, Miramar Naval AirStation, and Coronado. If you are stationed at a California base, and currently deployed overseas, we can still help you with the divorce process. Since California requires a six month waiting period many soldiers find it best to start the process while they are deployed so that it can be finalized when they return.
Military divorces can be more complicated for several reasons, including:
·         Finances.  As an attorney for military families, we understand how to calculate a soldier’s total compensation.  Military pay is not as straight forward as civilian pay and can be confusing to some attorneys and judges.  This can be made even more confusing during a deployment.  Proper calculations are important for determining child support and spousal support, when applicable.
·         Establishing residency.  Most residency laws are based on where you have been living.  If you have been deployed or temporarily stationed at a different base, this can become complicated.  If your spouse didn’t move with you immediately, this can also complicate the issue.  We can help you to sort out residency issues so that the appropriate jurisdiction can be established.
·         Retirements and pensions.  These are assets that can be divided similarly to how a home or bank accounts can be divided.  We will help you build a case as to what you are entitled to and why.
·         Determining custody.  As a military member, it is important that your custody rights are preserved.  Just because you have been deployed doesn’t mean that you shouldn’t have rights to see your children.  It is important that you have an attorney that can advocate for your rights.  Simultaneously if you are a military spouse you may have specific custody concerns that you want to have examined.  We advocate for our client, regardless of whether they are in the military or married to someone who is.
·         Attorney fees.  In our consultation, we will discuss attorney’s fees and the possibilities of having them paid for by your spouse.  The percentage each person pays is up for negotiations or will be determined by a judge.

We can make it easier to navigate through your divorce and ensure that the outcome is in line with what you desire.  There are no guarantees that you will get everything that you want, so the goal is to get as much as you want as possible.  Working with a lawyer that has worked with military families will help you to achieve your goals.  We will work with military members, stationed here or overseas, and their soon to be ex-spouses.  Our loyalty is to our clients, and we advocate for their best interest in every situation. 

Wednesday, April 2, 2014

Tips from a Local Custody Lawyer

Custody is complicated, and you need a lawyer on your side.  This is the single most important aspect to any divorce proceeding because you have to live with the results every day until your child turns eighteen.  Unlike a home or a car that you can move on from, the custody arrangement you share with your spouse ties you to that person, regardless of whether or not you want to be.

We understand that in a divorce emotions are high, and it can be difficult to think clearly and to strategies.  That is where we come in.  We can listen to your goals and create a strategy to help you achieve them.  This includes what needs to be done before you ever set foot in a courtroom.  By creating and implementing a clear strategy, you will be more likely to receive the custody arrangement that you desire.

As your lawyer, there is a lot of strategy that goes into preparing for your divorce trial.  Evidence needs to be gathered that shows how involved of a parent you are and why you should be awarded the custody arrangements you are requested.  Times have changed and judges no longer award custody to the mother, simply because she is the mother.  Both parties have an equal chance and many times the only thing in your favor is a good legal strategy.  We understand the importance of preparation and take it very seriously so that we can give our clients their best chance of success.

More likely than not, you will be awarded joint custody in California.  This is where both parents are allowed a set amount of time with the children and can both be involved in the decision making process.  This includes deciding where they will go to school, their religious upbringing, what doctors they see and how they are treated.  Basically, every major decision must be made after agreeing.  Many divorce couples find it difficult to have this level of discussion and come to an agreement.  When this is the case, you are best served by having a mediator assist with the negotiations.

If your day in court has come and gone, you can always have your custody arrangement re-examined.  If you have new facts or the situation has changed, a judge can review this aspect of your case to determine whether or not it warrants reconsideration.  For example, if your job situation has changed or the children are significantly older, the current plan may no longer make sense. If you want to change your custody arrangement, this is called a modification. 

The most important thing to remember with a modification is that it requires something to have changed.  It isn’t enough to change your mind.  The facts and circumstances need to be different in either you or your ex’s life.

If you are getting a divorce, or are thinking about a modification, give us a call. We are happy to assist you and will help you to navigate the choppy waters of a custody battle so that you and your children receive the best possible outcome.