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Month: January 2014

Ex – Padre Brian Giles and Attorney James Scott Prevail in The Court of Appeals

on January 20, 2014Posted in Divorce Articles

Our law firm helps clients understand the different forms, processes and issues related to family law and the divorce process, whether it is a complex or high-asset divorce, child custody dispute or divorce mediation concern. At Scott Family Law, Certified Family Law Specialist, our skilled legal team is dedicated to quality representation in family court… read more

Getting Divorced? Mediation May Be Better Than You Think.

on January 20, 2014Posted in Mediation

If you are ready for a divorce, your first thought may be the courtroom. You know your spouse, and you believe that you will not be able to resolve your issues without some conflict. With this in mind, you may feel compelled to go to court. However, there are other viable options, which can help… read more

Divorce: California’s Property Law and How It Affects You

on January 20, 2014Posted in Assets

California is considered a community property state and this means that everything you have acquired as a couple during the period of your marriage is split down the middle. However, while this property division rule looks simple enough on paper, there are exceptions that can be made, and dividing assets in this manner may not… read more

I Thought Our House Was Community Property – Buyer Beware!

on January 12, 2014Posted in Assets

In today’s real estate mortgage market, one spouse often has better credit than the other spouse. In order to obtain a more favorable interest rate on a mortgage, one spouse will quit claim their interest in the house to the other spouse as their sole and separate property. This form of title is often demanded… read more

Who Pays For Transportation When The Child Moves Across Country?

on January 12, 2014Posted in Child Support

When the parent with the most child sharing time moves across the country, extra efforts must be made for the child or the children to keep frequent and continuing contact with the parent and other family members who remain behind. A move-away by the custodial parent diminishes the percentage of calendar time spent by the… read more

Understanding the Discovery Process and Your Rights

on January 12, 2014Posted in Assets

Under California law, the Family Court is required to divide community assets and community liabilities equally1 between the parties, unless the parties have entered into a property settlement agreement that sets forth a different arrangement. A San Diego family law attorney must identify and place a value on all community assets and liabilities. If this… read more

Why Would You Not Mediate Your Divorce With All These Protections?

on January 12, 2014Posted in Mediation

California Evidence Code Sections Related to a Mediation Privilege that Keeps Divorce Talks Silent §703.5 “No mediator is competent to testify.” §1115[a] Definition of Mediation: A neutral person facilitates communication. §1115[b] A Mediator is a neutral who conducts mediation. §1115[c] Mediation consultation is a broad definition including intake communications. §1119 Mediation privilege written in oral… read more

Why Husbands and Wives Should Have Prenuptial Agreements (“Prenup”)

on January 12, 2014Posted in Prenuptial Agreement

Commonly Heard Phrases Indicating Agreement and Compromise Between Spouses: Prenuptial Agreement (aka “Prenup”) Antenuptial Agreement Marital Agreement Post-Marital Agreement Marital Settlement Agreement Stipulation to Judgment The terms “Prenuptial Agreement,” “Prenup,” “Antenuptial Agreement,” and “Pre-marital Agreement,” suggest the same thing: An agreement made by husband and wife before marriage, which would affect their property rights. It… read more