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Category: Family Law

San Diego Family Law Attorneys and Fundamental Rights

on April 20, 2016Posted in Divorce,Family Law,Firm News

A person’s right to be represented by a San Diego family attorney should be viewed as fundamental. The Supreme Court of the United States just recently released a new opinion highlighting the importance of a criminal defendant’s right to choose counsel. In Luis v. United States (2016) 578 U.S. ___.  The United States Supreme Court… read more

It’s Tax Time Again. Do You Get to Take the Exemption for your Child This Year?

on April 13, 2016Posted in Family Law,Taxes

According to the IRS, the parent with whom the child spent the greater number of nights during the year is the “custodial parent.”  By using IRS Form 8332, the custodial parent can release the claim to exemption for the child to the noncustodial parent.  This form can also be used to revoke a previous release… read more

Requesting an Order from the Court for Payment of Attorney Fees and Costs? It’s Complicated.

on April 12, 2016Posted in Attorney Fees,Family Law

There are several important requirements that must be observed by anyone requesting a court order for the payment of attorney fees and costs. To make an informed decision about their orders, San Diego divorce court judges need to have all of the relevant information about a case in front of them. Judges must know as… read more

The Best San Diego Divorce Lawyers Have Expertise in Financial Discovery and Disclosure

on April 10, 2016Posted in Disclosure,Discovery,Divorce,Family Law

The best San Diego divorce lawyers are well versed in California laws concerning financial disclosure and discovery. As part of every divorce case, each party must complete financial disclosures before property is assigned and divided. The moving party (Petitioner) in a San Diego divorce case must serve a Preliminary Declaration of Disclosure that is in… read more

San Diego Divorce Court Judges May Order You or Your Ex to Pay Attorney Fees

on April 4, 2016Posted in Attorney Fees,Divorce,Family Law

The best San Diego divorce lawyers must be well-versed in court orders for attorney fees. The issue of who should pay for attorney fees can be very complicated and may have a substantial effect on the course of the case. We are going to start by looking at the basics concerning how San Diego Superior… read more

Contempt: Disobedience of Court Orders May Result in Fines or Jail Time

on March 31, 2016Posted in Alimony,Child Custody,Child Support,Contempt,Enforcement,Family Law,Spousal Support

“Contempt” is defined in Black’s Law Dictionary as “conduct that defies the authority or dignity of a court or legislature.” Courts make orders and people are expected to obey those orders. In some cases people behave badly and fail to obey court orders. When that happens, one is left to seek enforcement of the court’s… read more

Ending Spousal Support: How to Prove that an Ex is Shacking Up

on March 25, 2016Posted in Family Law,Spousal Support

In an earlier entry, we discussed the issue of how an ex-spouse’s cohabitation (“shacking up”) impacts the modification of a spousal support order. But how can you prove it? It’s probably not enough to just file a motion with the court and say that your ex is shacking up. A judge will expect you to… read more

We Spent Community Property Adding Square Footage to My Spouse’s House, Now I Want the Money Back!

on March 9, 2016Posted in Community Property,Family Law,Property Division,Separate Property

When two people divorce, they are faced with the often tedious task of dividing their community property. Often, one of the largest assets to divide will be the residence of the couple. “Not so fast,” says husband. “I bought this house and paid it off before we were married. I own that house.” Wife responds,… read more

Ensure Your Privacy Through Divorce Mediation or Arbitration

on December 9, 2015Posted in Divorce Articles,Divorce Mediation,Family Law,Mediation

Private dispute resolution, sometimes called alternative dispute resolution, is a way for parties to a family law case to resolve their case without going through the full formal process in a California court. For purposes of family court private dispute resolution typically takes two forms: divorce mediation and arbitration. Divorce Mediation is voluntary and refers… read more

Can I stop paying spousal support now that my ex is shacking up?

on December 6, 2015Posted in Alimony,Divorce Articles,Family Law,Spousal Support

It depends. Those who are ordered to pay spousal support (often referred to as “alimony”) to an ex-wife or ex-husband may be left without a date that they get to stop paying support. Under California law, if a marriage lasts longer than ten years the court will generally not set a given date for the… read more