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Home Blog Bloggers San Diego Family law

San Diego Family law

James D. Scott, Certified Family Law Specialist in San Diego specializing in divorce mediation and high profile, high net worth divorces.

San Diego Family law

James D. Scott, Certified Family Law Specialist in San Diego specializing in divorce mediation and high profile, high net worth divorces.

SANDAG Report Reveals 30 Percent of Area Homicides in 2011 Motivated by Domestic Violence

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 17 May 2012
in Family Law

san-diego-domestic-violenceWe have all known for some time now that domestic violence is a scourge on society that puts those who suffer through this ongoing cycle of abuse in a situation of constant danger and risk.  For many years, different groups and entities have attempted to bring about awareness of this issue in hopes that those who need help getting out from under the control of an abuser will take the courageous first step to obtain it.

Hits: 11

Divorce Auctions Increasing in Popularity So Assets Can Be Divided

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 16 May 2012
in Family Law

San Diego Divorce LawyersWhen a couple decides to pursue a divorce, there are many different issues that must be resolved in order for the legal matter to be completed properly.  One of those issues that can be extremely difficult to complete involves the division of assets as part of the dissolution of the marital estate.  This step can be particularly difficult if the spouses fight over certain possessions and assets regardless of their worth.  However, one strategy to deal with this issue is becoming more popular, and it is already commonly known as a divorce auction.

Hits: 50

Company Works to Offer Marriage Insurance to Couples

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 11 May 2012
in Family Law

When people who are married decide that it’s time to pursue a divorce, they can and often do embark on an expensive legal process.  That’s because assets need to be divided, spousal support may need to be paid and if there were children of the marriage custody needs to be hashed out and child support will be ordered.  In short, many people who become involved in drawn-out divorce cases can watch their assets all but disappear.

Hits: 97

Study Reveals that Domestic Violence Screening Could Lower Number of Attacks

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 10 May 2012
in Family Law

san-diego-divorce-lawyersPeople have long understood that one of the biggest problems with curbing the societal scourge that is domestic violence is that it is vastly under-reported by people who suffer through these vicious and dangerous cycles.  Many times someone will be suffering abuse for months, years or even decades at a time and never tell anyone.  Clearly, this makes it much more difficult to deal with proactively and it makes it much more difficult to treat.  However, the results of a new study indicate that a new strategy could be promising.

Hits: 78

Study Reveals That Vast Majority of Separations End in Divorce

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 09 May 2012
in Family Law

Many people who are married and who contemplate the possibility of ending that marriage hesitate to proceed to filing for a divorce for many reasons.  Given all of these reasons for hesitation, one common step that people will take before ultimately pursuing a divorce is to separate or in some cases to legally separate.  This step is considered a ‘half-way point’ between marriage and divorce and it is thought by many to provide spouses an opportunity to evaluate things and to decide if their marriages should continue.

Hits: 58

Federal Legislature Considers Extension of Violence Against Women Act

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 27 April 2012
in Family Law

domestic-violence-lawyersOver the past 20 years, the issue of domestic violence has obtained more awareness because of the efforts of individuals and groups of all types.  As a result of this awareness and the efforts in furtherance of it, domestic violence has gone down in prevalence across the United States.  One of the hallmark pieces of legislation with regards to this issue was passed in 1994, and it is known as the Violence Against Women Act.  This law is once again in the news.

Hits: 92

Study Shows Divorce Rate Among Baby Boomers Skyrocketing

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 26 April 2012
in Family Law

San Diego Divorce LawyersWhen people are married for many years, most would assume that these couples would remain married for the rest of their lives.  This was particularly true with regards to previous generations, but a recent study has revealed that the Baby Boomer generation is changing this perceived societal norm.  The statistical study reveals that the divorce rate among Baby Boomers is rising quickly and affecting the overall divorce rate for people over 50 years of age in the United States.

Hits: 137

Alabama Bill Would Require Counseling Before Divorce Could Be Filed

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 18 April 2012
in Family Law

Many people around the United States are becoming increasingly concerned with the high divorce rate in the United States, and different types of people are making different efforts to bring the divorce rate down.  These efforts are even extending into some state legislatures, with Alabama being the latest jurisdiction to propose a bill that would add a requirement before a divorce case could be filed.  This requirement would be to complete an education program before a divorce case could proceed if there is at least one child of the marriage under the age of 18.

Hits: 97

Those Seeking High Asset Divorce in the UK Turning to Arbitration

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Monday, 16 April 2012
in Family Law

People who encounter the need to pursue a high asset divorce often hesitate to engage in this process for several reasons, not the least of which is that litigated high asset divorce cases tend to make public information that families want kept private.  In addition, the assets available to the spouses can make it possible for these situations to drag on in court for years at a time.  The United Kingdom has seen the same situations arise, and it is now offering a potential solution.

Hits: 87

California Court Overturns Decision Requiring Sperm Donor to Pay Child Support

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 13 April 2012
in Family Law

San Diego Child Support LawyersChild support situations can actually arise in a number of ways, even though most people consider these issues to usually be the result of a divorce between the parents.  Child support can be ordered upon any non-custodial parent to children, whether the parents were ever actually married or not.  However, there has been a question raised in the past with regards to sperm donors.  A California appeals court has recently weighed in on this issue.

Hits: 139

Study Shows Those with Shorter Life Expectancy Less Likely to Divorce

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 12 April 2012
in Family Law

San Diego Divorce LawyersThe 2010 United States Census provided the raw data that eventually led to a study that revealed that members of the Baby Boomer generation are getting divorced at a much higher rate than their predecessors.  This discovery led to additional studies with regards to divorce rates among people of different types and in different locations that looked at age as a whole instead of as a snapshot.  A recent study performed in Canada has shed more light on this issue.

Hits: 89

Study Reveals Parents with Cancer-Stricken Children No More Likely to Divorce than Others

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 11 April 2012
in Family Law

san diego divorce attorneysFor many years, it has been assumed by experts and others that when parents suffer through a traumatic experience with regards to one of their children that they are much more likely to wind up pursuing a divorce.  This ‘norm’ has been attributed to the extreme emotional struggle that’s part of any cancer diagnosis in a child.  However, a recent study appears to contradict that general belief.

Hits: 68

Study Reveals Video Games Cited More Often as a Reason for Divorce

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 27 March 2012
in Family Law

When people study the leading reasons for divorce, there are certain causes that remain much more constant than others.  The top of the lists still almost always include communication problems, financial difficulties and conflict and general categories such as unreasonable behavior.  According to a new study, it seems that one particular activity that falls within the realm of unreasonable behavior is becoming a more common reason for divorce.

Hits: 95

Study Shows Co-Habitation No Longer Predictive of Divorce

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 23 March 2012
in Family Law

For many years, one of the generally accepted norms regarding the potential success of a marriage was that if a couple lived together while they were engaged but before they were married, that couple was more likely to ultimately pursue a divorce than people who did not live together before marriage.  However, a recent study has been completed by the government that suggests that this norm could be changing with the times.

Hits: 127

Survey Shows Los Angeles the City Where Divorce is Costliest

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 21 March 2012
in Family Law

When people encounter the end of their marriage and they are ready to move on with their lives, the obvious next step is to pursue a divorce.  However, most people have heard the horror stories regarding how a litigated divorce can all but exhaust the assets that a married couple has spent years working for and accumulating.  As such, many people hesitate to take this difficult step for fear of watching their work disappear.

Hits: 104

Wife of Billionaire Alleges Scam Hiding Millions of Dollars in High Asset Divorce

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 16 March 2012
in Family Law

When people of a high net worth decide to end their marriage, they tend to become involved in what can easily become extremely complicated situations as they relate to dividing the marital estate and accounting for all of the assets.  Unfortunately, many of these high asset divorce cases lead to fraudulent attempts to conceal assets and then to allegations regarding this type of conduct.  That appears to be what is occurring in a New York divorce case.

Hits: 99

Kentucky Considers Domestic Violence Statute That Covers Dating Couples

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 15 March 2012
in Family Law

Domestic violence is a problem that can affect almost anyone, and while many people only consider these situations as they relate to married couples, the fact of the matter is that this cycle of abuse can extend to almost anyone who spends a significant amount of time together.  As a result, most states have enacted domestic violence statutes that protect all types of couples, including those who are merely dating.  Kentucky may be joining that already large list of jurisdictions.

Hits: 145

Swedish Study Claims to Have Located ‘Divorce Gene’ in Women

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 29 February 2012
in Family Law

For generations, different researchers and experts have been working to identify causes and predictors of divorce and general relationship failures.  These researchers have looked at every potential cause and predictor from societal norms to socioeconomic backgrounds to family backgrounds.  According to a conclusion reached by a recent study performed in Sweden, some feel that there is a ‘divorce gene’ present in some women that makes them far more likely than others to end their marriages.

Hits: 128

New Business Model Emerging That Helps Fund High-Asset Divorce Litigation

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 28 February 2012
in Family Law

In recent years, more and more types of companies have emerged that have helped finance litigation in different types of cases.  Most prominent among these new business models have been companies that provide financing for personal injury cases.  However, a new business model is emerging regarding the funding of high asset divorce cases where one spouse does not have access to the funds necessary to see their way through these battles.

Hits: 137

Canadian Study Reveals High Rate of Older People Getting Divorced Face Enormous Financial Difficulties

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
User is currently offline
on Friday, 24 February 2012
in Family Law

When people who have been married for quite some time decide to pursue a divorce, the situation can be both simpler and more complicated as compared to younger spouses.  The process can be simpler if any children of the marriage have already reached adulthood, but the process of dividing the assets and dissolving the marital estate can be extremely difficult.  A recent study completed in Canada also has revealed that a substantial number of older divorcees face serious financial difficulties as a result of the end of their marriages.

Specifically, a study completed by the Bank of Montreal revealed that married adults who complete a divorce between the ages of 67 and 80 generally suffer through the largest overall decrease of wealth as a result of this divorce when compared to other age groups.  Overall, people in this position can endure a decrease in their income by as much as 37 percent as soon as they are no longer married.

Clearly, this study is garnering strong reaction from many different researchers and groups involved with the study and analysis of family law and divorce.  Experts are sounding the alarm that everyone should carefully manage their assets and make sure that they are not left without financial options should an unexpected situation such as divorce arise.

San Diego Divorce Lawyers

People of all ages can suddenly encounter the need to obtain a divorce.  Those who are a bit older have much to lose in terms of their finances and their overall financial stability if they are not properly prepared to protect and enforce their legal rights and interests.  Therefore, anyone who is not properly prepared for this possibility needs to take immediate steps to protect themselves.

If you are facing the prospect of a divorce and you need help in protecting your interests, you need to seek the help of San Diego divorce lawyers who have been fighting for the rights of clients for many years.  Contact the law office of James D. Scott today to schedule an initial consultation.

Hits: 121

Study Shows Marriage Prep Classes Do Not Increase Spouse Satisfaction

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 21 February 2012
in Family Law

In recent years, several different jurisdictions around the United States have considered bills that would require those who intend to get married to attend pre-marriage counseling classes that would teach them how to be the most effective spouses possible.  These classes have sprouted around the country whether they have been required by law or not, and researchers at Brigham Young University decided to take a close look at these classes to measure their effects.

Hits: 132

Study Indicates Those with Higher Incomes More Likely to Get Married

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 10 February 2012
in Family Law

For many years, academics and other professional researchers have been taking a close look at the institution of marriage from seemingly every angle and perspective imaginable.  One of the most recent studies that was recently completed has shed light on the general income levels of those who have chosen to get married in the United States in recent decades, and the results have been met with a degree of surprise.

Hits: 135

Bill Introduced That Would Stop Support Payments to Sexually Abusive Spouses

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Monday, 23 January 2012
in Family Law

Generally speaking, when a couple obtains a divorce, it’s possible for one spouse to have to pay spousal support to another for a period of time to prevent a complete collapse in a financial sense of the spouse that’s receiving this support.  However, California law does not allow for spousal support to be paid by a spouse who had been the target of either an attempted murder or the solicitation of a murder.

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Italian Couple Believed to Be Oldest Ever to Complete a Divorce

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 18 January 2012
in Family Law

Societies around the world tend to have several beliefs in common when it comes to marriage and divorce.  One of those commonalities is that after a couple has been married for a long period of time, they will not contemplate a divorce considering the life they have been building together for decades.  However, there are always exceptions to these commonly held beliefs, and a couple in Italy is believed to be on the verge of setting a record for being the oldest spouses to complete a divorce.

Specifically, a 99-year-old man in Italy recently discovered letters exchanged between his wife and her lover from 60 years ago in an old trunk.  The man confronted his 96-year-old wife of 77 years, and she admitted to the affair.  Rather than being convinced by his wife to let bygones be bygones, the man decided that he wanted to end the marriage and has filed for a divorce from his wife.

As stated above, if the couple sees this case through to its completion, it’s believed that they would be the oldest spouses on record to move completely through this process.  The previous record, according to observers, is believed to be held by a man and a woman who were 98 years old at the time they completed their divorce in 2009 in England after 36 years of marriage.

San Diego Divorce Lawyers

While some may find such a development relatively humorous, what this case should tell anyone is that no marriage is ever completely immune to this type of an unfortunate result.  Therefore, people who are concerned about their marriages should take steps to correct any problems instead of assuming that this will not happen to them because they have been married for too many years.

If you are facing the end of your marriage, you need to take steps to protect your rights.  You can do so by obtaining the help of San Diego divorce lawyers who have been helping clients through this process for many years.  Contact the law office of James D. Scott today to schedule an initial consultation.

Hits: 206

Market for Funding High Asset Divorce Litigation Growing in England

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 17 January 2012
in Family Law

Hedge fund managers have not fared well overall in recent years in terms of how they are perceived by the public in the United States.  Given the similar circumstances economically that have hit the United Kingdom, a similar sentiment exists for those who are involved in this profession in that culture.  However, hedge fund managers are continuing to find new ways to make money, and one of those new ideas is also controversial – funding litigated high asset divorce cases.

Hits: 177

Florida Considers Spousal Support Reform Law

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
User is currently offline
on Friday, 13 January 2012
in Family Law

For many years, people of a high net worth have held back from moving into the divorce process because they were concerned about the costs involved.  Specifically, the most concerning costs for many concerned the issue of spousal support, which could potentially continue on for many years and result in enormous payment requirements for the former spouse who was ordered to provide this support.  However, Florida is the latest state to begin the process of considering a law that would reform and limit the spousal support payments that would be made.

Hits: 186

Study Shows that Decline in Income for Women Shrinks After Divorce Compared to 1970's

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
User is currently offline
on Thursday, 12 January 2012
in Family Law

For generations, women faced a hard road after they completed a divorce with their husbands.  Statistics showed that a majority of them suffered a decline in income of at least 25 percent after their divorce was complete.  However, according to a recent study, fewer women are suffering through this level of income decline after a divorce now as compared to the 1970's, but it also appears that the opposite effect is taking place with men.

Hits: 238

Turn of the New Year Will Add to Conditions for Felony Domestic Violence Charge

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 30 December 2011
in Family Law

As the years continue to pass and domestic violence remains an enormous problem for society despite all of the noble efforts of so many different governmental agencies, non-profit groups and courageous individuals, more steps are being taken in an attempt to deter this type of conduct.  As such, the State of California is once again adding to its statutory language regarding domestic violence.

Hits: 176

Mel Gibson Divorce Results in $425 Payout to Former Wife

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 29 December 2011
in Family Law

Any San Diego high asset divorce lawyer will advise clients who may not even be in a position to deal with this legal process that he or she should make sure that steps are taken to protect his or her legal and financial interests should the marriage ever fail and move towards a legal end.  Those who are in this financial position and who do not do so can pay a heavy price if a divorce case is filed.  Unfortunately for Mel Gibson, that appears to be what has occurred.

Hits: 263

District of Columbia Considers Joining California In Providing for Same-Sex Divorce Procedure

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 29 December 2011
in Family Law

When a married couple legally marries in one state but decides to pursue a divorce in another, it would be a potentially tricky legal situation if other states did not recognize the marriage that was completed in a different jurisdiction.  However, states do tend to recognize legal marriages from other jurisdictions, which allows for people to proceed with a divorce in a different place than where they were married.

Hits: 210

Residents of Tornado-Torn Joplin, Missouri Dealing with Spike in Domestic Violence

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 28 December 2011
in Family Law

For many years, people have been attempting to study and learn as much as possible about the realities that surround the issue of domestic violence.  There are seemingly endless angles and potential causes to what has become a scourge on society, and it also seems like there are constantly new potential causes of this behavior uncovered.  Now comes word that yet another cause is being identified by those who deal with this problem, and that cause involves the stress that comes after a community is devastated by a storm.

Hits: 204

Illinois Bill Would Disallow Those Who Owe At Least $10,000 in Back Child Support From Appearing on Election Ballots

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 28 December 2011
in Family Law

People who run for elected office are often deemed as community leaders who have lived exemplary lives and who deserve to have the opportunity to hold these offices.  While in many cases this is accurate, there are situations where candidates are vetted and found to have serious problems that have led to harm to others.  Unfortunately, many of these vetting processes occur after it’s too late and those in question already hold office.

Hits: 181

Shocking Statistics Regarding San Diego Couples Remaining Together Despite Domestic Abuse

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 28 December 2011
in Family Law

People have understood for many years now that the problem of domestic violence is extremely pervasive and damaging to thousands of San Diego County residents.  That’s why so many efforts have been made regarding those who are suffering at the hands of domestic abuse.  These efforts have included tougher laws and penalties, mandatory counseling for abusers and other programs for both abusers and those who have survived abuse.

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Hits: 157

San Diego Unfurls New Domestic Violence Program Amid Criticism

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 28 December 2011
in Family Law

For many years, people have understood that domestic violence has been an enormous problem on many fronts.  Not only are those being abused in constant danger of harm, but anyone else in such a household is also in danger of incurring irreparable psychological harm.  Laws have gotten much tougher in terms of the punishments that could be levied against someone convicted of domestic abuse, but the problem persists.

Hits: 201

Australian Study Shows Shocking Link between Domestic Abuse and Workplace Productivity

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 07 December 2011
in Family Law

For many years, researchers around the world have been studying the troubling issue of domestic violence and how it affects the people involved, particularly those who are on the receiving end of this type of abuse.  Recently, researchers in Australia conducted a thorough study on how domestic violence affects people in the workplace in that country, and the results are such that the world at large may take notice and consider possibilities in terms of how to handle these situations.

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Hits: 170

Study Shows Domestic Violence Reports Decline During Holidays

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 30 November 2011
in Family Law

For many years, people who have been concerned about the issue of domestic violence have warned many people to be aware that the likelihood of these instances increases during the holiday season.  As a result, many awareness campaigns have been designed to occur during this time of year in an attempt to alert people to their rights and to help them understand their options if they decide to put an end to this cycle.

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Hits: 278

New Cell Phone App Could Provide Protection for Domestic Abuse Victims

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 18 November 2011
in Family Law

People who suffer at the hands of a domestic abuser often feel that they have nowhere to turn, even if they sense that the cycle of violence that envelops them is getting worse.  Ultimately, too many people who suffer through this type of abuse wind up permanently injured or worse.  Until now, when the alleged victim was unable to be present to testify as to what occurred, it left many criminal prosecutions unresolved.  However, a new development could be changing all of that for the better.

Hits: 254

Study Reveals Strategies for Shielding Inheritance Assets from Problems Based on Lack of Confidence in Beneficiaries

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 17 November 2011
in Family Law

For centuries, affluent people have sometimes encountered trepidation when they thought of how their children or other inheritance beneficiaries would handle those inherited assets once they were transferred.  A  recent study has revealed that those concerns held by people of a high net worth remain, and as a result new strategies are being promoted and discussed that would help to protect those assets, including in the event of a divorce that's encountered by a beneficiary in the future.

Hits: 210

Department of Justice Statistics Reveal Trends Regarding Domestic Violence

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 16 November 2011
in Family Law

The problem of domestic violence remains a serious issue in modern society despite all of the efforts by different groups geared towards bringing these troubling statistics down.  One of the most common methods of dealing with this type of a problem is to look at the statistics regarding that issue, and that’s what the United States Department of Justice has done with regards to the issue of domestic violence.  There were a few trends that were discovered that could lead to pointed action by those hoping to protect people under the threat of this type of harm.

Hits: 202

Study Finds that Marriages Where Both Spouses Are Not Big Spenders Fare the Best

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Monday, 14 November 2011
in Family Law

Most people understand that the biggest source of disagreement between spouses is money or general financial matters.  Money issues always lead to stress, and over time this stress has led to many divorces.  As a result, researchers have begun to take a look at spouses’ views and habits with regards to money and compare them to other marriages in an effort to define what types of money-related attitudes are most compatible.

Hits: 220

Domestic Abuse Victims in New York To Be Warned by Text Messages

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 01 November 2011
in Family Law

We posted a couple of weeks ago regarding a disturbing story coming out of Kansas that involves the inability of prosecutors to pursue misdemeanor domestic violence charges against alleged abusers because of a lack of budgetary funds.  It seems that Staten Island, New York is moving in the other direction in terms of its handling of this deeply troubling issue of domestic abuse, as it has announced a new program intended to provide an additional layer of protection for those who have suffered through this conduct.

Hits: 261

Statistics Show Enormous Number of Husband-Wife Business Partnerships

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 28 October 2011
in Family Law

When people are married, they are basically seen by many as a partnership in life, as they go through their lives together in a concerted effort to reach any number of different goals.  However, there are also many couples who are involved in partnerships in the technical and legal sense, and these married couples could be taking on a significant amount of legal risk by doing so.  This is particularly true if the couple ever decides that they need to pursue a divorce.

Hits: 388

California Fatalities from Domestic Violence Remain High in Number

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 28 October 2011
in Family Law

Everyone understands that domestic violence is a stain on society and that no one should ever have to endure this type of deplorable conduct.  While domestic violence rates remain high, almost all experts agree that this crime is one of the most under-reported in existence.  Unfortunately, this lack of reporting can and does often lead to additional instances of abuse or even to fatalities.

Hits: 261

Study Shows Women Six Times More Likely to Face Divorce than Men after Cancer Diagnosis

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 26 October 2011
in Family Law

Anyone who has been married can attest to the fact that there are good times and bad that can arise at any point during a marriage.  One of the most difficult challenges that any married couple can face arises when one of the spouses receives a diabolical medical diagnosis, as this can force a couple to face the possibility that one of them may have a terminal disease.  Perhaps the most serious diagnosis that can be administered is that of cancer, and a recent study has shown that married women may have more to fear than their male counterparts when they learn that they have this disease.

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Statistics Regarding Abusive Relationships Are Staggering

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San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 25 October 2011
in Family Law

When we hear about domestic abuse or even abusive relationships in general, we tend to feel sorry for those who have had to endure such conduct and we also tend to think that it will never happen to us.  That’s why so many people who suddenly find themselves on the receiving end of this conduct rarely know what to do when these situations arise and they find themselves in a situation of extreme danger.

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McCourt High Asset Divorce Settles for $130 Million

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San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Monday, 24 October 2011
in Family Law

The California high asset divorce case involving Frank and Jamie McCourt, the couple that ran the Los Angeles Dodgers until serious turmoil arose during the last year, have settled their divorce case.  However, this case should represent all that can go wrong when a California high asset divorce case spirals out of control, as this one unfortunately did.  There are several lessons that people of a high net worth could learn from this situation.

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California Law Opens Its Divorce Courts to Non-Residents

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 14 October 2011
in Family Law

Traditionally, when people got married and then moved to another state only to decide at that point that they wanted to obtain a divorce, the rules regarding legal domicile required them to pursue that divorce in the jurisdiction where they lived when they made that decision.  These laws basically exist to prevent people from 'forum-jumping' so that they could take advantage of different standards that exist in different states.

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Northeast Kansas Stops Prosecuting Domestic Abuse Cases Because of Budget Concerns

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 13 October 2011
in Family Law

All of us have read, seen or perhaps even experienced the crunch that has come with the budget cuts and austerity measures that have been put in place across the United States.  The need to cut back on budgets has had an effect on just about every aspect of society, including law enforcement.  However, a recent decision made by officials in Kansas has advocates, victims and general citizens enraged.

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Business Ownership Interest Can Be Paid Off to Spouse Over Time

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 12 October 2011
in Family Law

In many San Diego high asset divorce cases, one of the catalysts to the spouses having a high net worth is a business ownership interest.  Unfortunately, when proper planning is not in place and a divorce occurs, the ownership interest of that business and even the viability of that business overall can be placed in jeopardy.  This is particularly true when the property division aspect of a divorce case arises and equal value must be provided for each spouse under California’s community property standards.

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Multi-Million-Dollar Settlement Achieved in San Diego High Asset Divorce Case

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 07 October 2011
in Family Law

When people who are of a high net worth decide that they want to end their marriage, the situation can quickly become complicated because of all of the value that must be assigned and ultimately divided.  It’s not uncommon for these San Diego high asset divorce cases to take years to be resolved, particularly if one of the parties feels that he or she is not being treated fairly by the court.  That seems to have been the case with a San Diego high asset divorce case involving Charles and Linda Brandes, who at one time were considered the wealthiest couple in the area.

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Business Owner Asset Protection - The Postnuptial Agreement

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 30 September 2011
in Family Law

When people of a high net worth decide that it's time to end their marriage, they generally have more work to do than many others when it comes to organizing their assets and completing the process of dividing them in accordance with California's community property laws.  This is especially true if no proactive steps have been taken by the spouses to label certain assets in certain ways that arguments over them can be avoided.  Most often, this lack of proactive steps involves a business ownership interest.

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Study Finds that People In Need of Government Assistance More Likely to Divorce

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 30 September 2011
in Family Law

For more than a year now we’ve heard that the divorce rate in the United States is down, and one of the main reasons or explanations offered for that drop is because of the current recession and people’s inability to afford going through this process.  However, a recent study performed by researchers at the University of Missouri tends to contradict what is emerging as a quasi societal norm.

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Survey Reveals Potentially Large Spike in Number of Prenuptial Agreements

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 29 September 2011
in Family Law

When the economy takes a downturn, as the American economy has and since remained in a rut for several years now, it has an effect on just about every aspect of life.  Clearly, the current recession has already had a marked effect on the divorce rate, as several statistical surveys have revealed that this rate has dropped.  However, it appears that the recession is also having an effect on those who plan to get married, at least according to family law attorneys who work in these situations every day.

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San Diego High Asset Divorce Lawyers Explaining Business Valuation Issues

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 28 September 2011
in Family Law

When people of a high net worth decide that it’s time to pursue a divorce, they often must deal with a complicated property division process such that the result is fair and equitable.  This is particularly difficult when one of the spouses owns a business that has been supplying the family with income and other assets during the marriage.  Unfortunately, mistakes in this regard are often made by those involved to the point where the split is not equitable and/or unforeseen and punitive tax consequences can arise for one or even both spouses sometime down the road.

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Buy-Sell Agreements Could Protect a Business In Case of a Divorce

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 28 September 2011
in Family Law

When San Diego high asset divorce cases arise, they often involve one spouse having an ownership interest in a business that in part defines the value of the marital estate.  Unfortunately, a lack of proper planning could lead to an ex-spouse suddenly becoming a partner in the business that the other spouse owned while the two parties were married.  However, there are steps that can be taken that would help to prevent this possibility and to protect the interests of the other owners of the business and the company’s employees.

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San Diego High Asset Divorce Lawyers, Helping Locate Hidden Assets

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 23 September 2011
in Family Law
When people who are of a high net worth come to the end of their marriage, there is much that needs to be organized and apportioned as part of the marital property division so that the California divorce can move towards a final and legal dissolution. Unfortunately, the more assets that are involved, the more opportunity there is for things to go wrong. One of the most common issues to arise in these situations involves allegations of hidden assets. Anyone who faces this situation should seek the help of experienced San Diego high asset divorce lawyers, and below is a brief overview of this issue.
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McCourt Divorce Provides Example of Moving Numbers for Spousal Support

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Monday, 19 September 2011
in Family Law
One of the most infamous recent California high asset divorce cases that has caught the public eye involves Frank and Jamie McCourt.  This couple, depending on whom you ask, own the Los Angeles Dodgers baseball team and they've been locked into a bitter fight over their assets and other issues stemming from the case that was filed.  However, this California high asset divorce case still has some similarities to most other cases, including the fact that there are times when spousal support orders will be asked to be adjusted based on economic circumstances.
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Half of British Divorce Lawyers Feel Assets Are Being Hidden in High Asset Divorce Cases

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 31 August 2011
in Family Law

While it’s rare for anything that occurs in another country to affect the way that divorce cases are handled in the United States or in California, it is worth noting that some decisions that are made abroad should be watched carefully to see how the system of divorce laws develops in response.  The latest issue to arise comes from England, where a court last year ruled that documents that were obtained secretly by one spouse in a divorce proceeding could not be used to prove that assets were being hidden.

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Census Report Breaks Down Divorce Rates Between Regions of the United States

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 26 August 2011
in Family Law

As researchers and statisticians compile their facts and figures that relate to many different social phenomena, one subject that’s been drawing more interest is divorce.  It’s gotten to the point where even the United States Census Bureau has been involved with studying this issue, and the agency recently released a relatively comprehensive set of statistics that deal with this process, how it happens, when it happens and where it happens with the most frequency.

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U.S. Census Report Reveals Sharp Decline in American Divorce Cases

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 26 August 2011
in Family Law

Every ten years, the United States Census Bureau gets to work on gathering information that the government and the public can use for many different purposes.  The information actually involves many more specifics than simply counting the number of people who live here, which is a common mistake made by those who are asked about the function of the Census Bureau.  Recently, the bureau released more statistics that it discovered during its fact gathering from last year, and one of them involved the American divorce rate.

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Several Complications Can Arise for Those Who Divorce After 50

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 25 August 2011
in Family Law

When people think of divorces that are extremely complicated and difficult to complete, most consider families that are relatively young and who have children of the marriage where custody and child support will need to be decided.  While these divorces are obviously difficult for everyone involved, recent news of a spike in the divorce rate for those over 50 has prompted many to begin to explain the complications that can arise for those who are of this age and who decide to end their marriages.  In short, divorces for people of this age can also be extremely complicated.

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Beneficiary Designations Trump Even State Law Divorce Rules and Norms

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 24 August 2011
in Family Law

When people go through a California divorce, they tend to rely on the fact that if a state law exists that speaks directly to their situation, they can rest assured that such a state law will govern that situation after a divorce is complete.   Specifically, there are laws that are in place that tend to place automatic assumptions into a post-divorce situation that basically remove the ex-spouse from the opportunity to inherit assets from an estate if the other spouse passes away.  Unfortunately, that is not necessarily the case.

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Poll Shows 15 Percent of Divorcees Regret Not Executing a Prenuptial Agreement

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 23 August 2011
in Family Law

Prenuptial agreements are basically contracts that protect the interests of the parties who are about to enter into a marriage.  Unfortunately, many people hesitate to even bring up the idea of formulating a prenuptial agreement because they fear that doing so will lead to a serious conflict.  While that may be the reason that most people do not bring up the idea of such an agreement, a recent poll shows that many people carry regrets with regards to failing to sign a prenuptial agreement before marriage.

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Protect Yourself from Mortgage Creditors Post-Divorce

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 19 August 2011
in Family Law

When people who complete a divorce move on in their lives and one of the spouses remains in what was the family home during the marriage, most spouses who move out would assume that the paperwork that’s done will prevent any future problems from arising for them from the note holders on that property.  However, unless all of the steps regarding this split are completed, it could lead to extremely unpleasant surprises for people down the road.

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Manteca Divorce Case Shows How Businesses Can Be Put at Risk

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 18 August 2011
in Family Law

When someone who owns a business becomes involved in a nasty divorce, everything that the couple has worked for can instantly be put in a position of risk.  This risk not only directly affects the spouses and any children of the marriage, but it can also extend to the employees of the business that one of the spouses owns.  That potential risk has played out in an ongoing Manteca divorce case that now threatens the financial stability of dozens of families of employees.

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Warning Signs That Assets are Being Hidden

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 17 August 2011
in Family Law
One of the most common problems faced in high asset divorce cases arises when one of the spouses is hiding assets from the other before the divorce is filed and the property division process can begin. This is obviously done in order to reduce the value in assets that are deemed to be marital property and therefore subject to division. Fortunately, there are some warning signs that have been identified over time that could indicate that such conduct is occurring.
Hits: 296

Statistics Indicate that Suffering Real Estate Market is Lowering Divorce Rate

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 16 August 2011
in Family Law

When people decide that it’s time to end their marriage, many of those who face this situation will hesitate to take the next steps because they have financial concerns.  One of the fundamental aspects of the American economy has always been the real estate market, and as everyone understands the real estate market has suffered mightily during the current recession.  For many people, their home represents their largest investment, and when that investment is not performing, people are leery of liquidating it.

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Study Indicates that Divorce Can Be Contagious

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Thursday, 11 August 2011
in Family Law

For generations, there has been a social stigma attached to divorce.  In the past, divorce was met with disapproval by many, but in recent years and with the advent of no-fault divorce systems, that stigma has lessened somewhat in intensity.  However, this ever-evolving phenomenon of divorce is continually being studied by academics and family law experts.  Recently, a study was completed that looked at the divorce rates of couples who had witnessed this divorce process as it was undertaken by people close to them.  The results were extremely surprising to many in the field.

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38 Percent of Study Subjects Put Divorce Thoughts Aside Because of Recession

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 02 August 2011
in Family Law

Studies that look at divorce are being done regularly, but a recent study that was performed by researchers at the University of Virginia is drawing much in the way of notice because of some of the surprising conclusions it draws.  One of those conclusions concerns just how deeply affected the American public seems to be by the latest economic recession, as it seems to be having a profound effect on the current divorce rate.

Hits: 344

Review Life Insurance Policies When Seeking California Divorce

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 29 July 2011
in Family Law

When people decide to pursue a divorce in California, there are many different issues that must be resolved before a court will legally dissolve a marriage.  One of those issues involves the division of property that's contained in the marital estate.  This can be a complicated process under California's community property laws, and one potentially complicated asset is a life insurance policy.  There are several different ways that this policy or these policies can be handled such that problems should not arise in the future.

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Several Domestic Violence Bills Await Signature by Governor Brown

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Monday, 25 July 2011
in Family Law

Domestic violence is a very real and serious problem in California, and advocates for domestic violence victims estimate that as many as 600 domestic assaults occur in the state on a daily basis.  As such, the legalities surrounding domestic violence continue to develop and evolve.  In furtherance of that phenomenon, there are several bills relating to domestic violence that have been passed by the state legislature that await signature from Governor Brown that would enact them as laws.

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Military Divorce Rates Reach Plateau

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 19 July 2011
in Family Law

The people who serve in our military with so many conflicts taking place currently all over the world are among our bravest citizens.  Soldiers literally face life and death situations on a regular basis, and this reality can be overwhelming for anyone, let alone a spouse who must endure the daily struggle of not knowing what’s happening with his or her marriage partner.  As a result, the military divorce rate grew somewhat rapidly over the past 10 years as the United States became involved in two separate wars.

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Study Indicates that Divorce Rates Are Lower in Jurisdictions With Same-Sex Marriage

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 12 July 2011
in Family Law

One of the emerging legal debates that’s being voted on and argued in jurisdictions all over the United States involves same-sex marriage and whether or not these marriages should be officially recognized in these states.  The recent trend indicates that while some jurisdictions have voted against recognizing these marriages, the number of jurisdictions that have recognized these unions is growing.  As a result, studies are being performed to analyze any potential correlation between the existence of these marriages and other aspects of society.

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Divorce Rate Much Lower for People with College Degrees

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 05 July 2011
in Family Law
For centuries, people have been trying to formulate theories that explain why divorces occur.  While many theories have been put forth, few have ever completely taken hold and been accepted as fact.  Generally, it’s simply believed that some people are meant to be together forever and others tend to grow apart, usually for their own reasons.  However, certain types of differences are being uncovered, and one that’s recently been revealed is the divorce rate for people who have college degrees.
Hits: 568

Study Shows Divorce More Likely When Husband Loses Job

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 01 July 2011
in Family Law
Everyone understands that recent years have not been kind to workers in the United States.  Millions of jobs have been lost by employees in nearly every field, and the effects of these job losses are always felt most directly by the families who suddenly must do their best without at least one income.  Unfortunately, the loss of a job by a husband in a marriage apparently leads to a higher likelihood of other results, including a divorce, according to a recently published study.
Hits: 681

Several Small Steps Could Make a Big Difference with an Inheritance

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 07 June 2011
in Family Law
California is a community property state, which means that the laws of community property govern marital estates and assets.  Generally, that means that whatever is earned or added to an estate by even one spouse during a marriage is generally seen as the property of both parties equally.  However, there are exceptions, including assets that were in place before the marriage and inheritances that are bestowed after a marriage to one person.  Anyone who does come into an inheritance, though, and wants to keep it separate should seek the advice of a San Diego family lawyer, as there are steps that should be taken to make sure that the asset does not become part of the marital estate.
Hits: 434

Final Custody Orders and the Importance of Montenegro v. Diaz

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Wednesday, 01 June 2011
in Family Law

The finality of custody orders is one of the most important, if not most overlooked, aspects of child custody in California.

When a couple first divorces, a Court will typically apply the best interests of the child analysis as specified in Family Code § 3011. In determining the best interests of the child, the Court is primarily concerned with the health, safety, and welfare of the minor child. 

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Request For Sale of Dodgers Highlights Potential Option in California High Net Worth Divorces

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Tuesday, 24 May 2011
in Family Law

Frank and Jamie McCourt, the couple who have been involved with and both of whom have claimed ownership of the Los Angeles Dodgers, have been mired in a contentious and lengthy California divorce case that has brought about a public spectacle that has almost certainly been difficult for the family to handle.  While their private lives have unfortunately been exposed to a large degree, a request made by Jamie McCourt highlights one of the potential steps that's taken with high asset California divorce cases - a forced sale.

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Governor Schwarzenegger Marital Issue Provide Potential Example of High-Profile, High Net Worth California Divorce

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 20 May 2011
in Family Law

The recent marital problems being experienced by former California Governor Arnold Schwarzenegger and his wife, Maria Shriver have captivated the media for several days.  That’s because of the revelation that the former governor fathered a child out of wedlock approximately 14 years ago with the family’s former cleaning lady.  Now comes word that Ms. Shriver has hired a high profile California divorce lawyer to handle her legal affairs relating to this marriage.

Hits: 468

Professional Sports Labor Strife Could Lead to Efforts to Reduce Spousal and Child Support

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Monday, 09 May 2011
in Family Law
The ongoing lockout in the NFL and the potential work stoppage in the NBA could lead to reduced payments for spousal and child support across the United States.
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Hits: 307

McCourt Divorce an Example of What Can Go Wrong with High Net Worth Cases

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Monday, 02 May 2011
in Family Law
The McCourt divorce is making national headlines and is providing an example of what can go wrong in high net worth divorce cases.
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Hits: 380

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