San Diego Divorce Attorneys
Welcome to the family law offices of James D. Scott, San Diego divorce lawyers. Mr. Scott and his legal staff are dedicated to providing quality in divorce, mediation and family law services throughout San Diego and Southern California. Now recognizing more than 27 years of experience and delivering legal services as a Board Certified Family Law Specialist, specifically in the Murphy Canyon area of San Diego, CA.
If you're looking for a divorce attorney in San Diego, our law firm will help you understand the different forms, processes and issues related to Family Law and the Divorce Process whether it be a complex divorce, spousal support issue, or a divorce mediation.
Divorce Services Offered
Our San Diego divorce law firm offers the following divorce and family law services:
Looking for answers in the California Family Code? Updated for 2009!
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With over 27 years of experience as a family lawyer working with the California Family Code, I have developed my "100 Most Popular Sections" and updated for 2008 to include "105 Laws of Evidence." This listing acts as a guide to common family law sections, with references and descriptions and additional information. Learn more by visiting my favorite California Family Code sections. As a certified divorce specialist, I present the most crucial information on father rights, parents rights, marital support, modification of divorce orders, modification of family support, grandparents right, California custody, military divorce, adoption, prenuptial agreements, substantive rights and liabilites, restraining orders, estate planning, epstein credits, joint credit cards and all aspects of the California dissolution process.
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Are you Concerned? Don't Worry
Our family law firm has over 27 years of experience and is able to answer all of your questions to settle your nerves, and then we'll win your case!
- Will my wife be allowed to move away with the children?
- Will my husband be allowed to move away with the children?
California Family Code Section 7501 states that the parent entitled to custody determines the residence of the child. Recent higher court decisions have recognized the mobility of our culture and agreed to moves by the custodial parent. A parent wishing to block such a move or a non-custodial parent wishing to move with the children has the burden of a change of custody order.
- How can I change the custody of my children?
The change of custody burden is a showing of "change of circumstance" such as showing a change of facts that make a change of residence of the children essential and expedient.
- How do I get the most spousal support or alimony?
Practice shows that the spouse demonstrating the most need tied to a sincere and thoughtful plan for the advancement of a career will get the highest support from the court.
Do you have more Family Law Questions? Don't continue until you get the answers.
Who will pay for the attorney? California law provides that the judge should consider the needs of each party, the income of each party, the conduct of each party, the assets whether they are community or separate in determining if one side should contribute money to pay for the lawyer of the other side. Very often, the judge will want to know if there is an asset like a house or investment account with enough equity that can be used to pay one or both of the lawyers. A smart tactic in a divorce is to play fair, be forthright with information, and make a fair written statement offer early in the case. This can be used against the other side if they persist in fighting for an unreasonable position.
Is a Marital Settlement Agreement as good as a Judgment? A Marital Settlement Agreement, commonly called an "MSA" is a comprehensive document stating all terms and condition between the husband and wife to end the marriage. It becomes private law between the husband and wife. The earlier in the case that the terms of an MSA can be reached, the cheaper the divorce will be. The MSA is merged and incorporated into the Judgment. The case does not go to trial. If appropriate, the MSA/Judgment may be recorded with the County Recorder. It may also be used to divorce certain investment or retirement accounts.
If you find yourself in the unfortunate situation of going through a San Diego Divorce, and if you need it to be settled, contact James D. Scott now!
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