James D. Scott is committed to deliver San Diego Divorce Lawyer service! Our Law Firm is dedicated to the intense practice of Family Law. Now recognizing more than 35 years of experience and delivering legal services as a Board Certified Family Law Specialist in the Murphy Canyon area of San Diego, CA.

Divorce FAQ’s

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.

How can I pay the least amount of spousal support or alimony?

Practice also shows that the spouse demonstrating the greatest ability to earn coupled with sincerity in the other spouse will pay the least amount overall.

If I retire do I still have to pay support?

The Reynolds case holds that retirement is available to all of us at a reasonable age and the support obligation would terminate or reduce as a result of retirement.

Can I keep the house?

Buying out the spouse on the house may be a good idea for both. No money is lost to costs of sale so the seller nets more. No moving trauma or costs benefit the buyer. Consider trading something valuable or a lowered amount of support.

Can I keep the house without paying for it?

You may keep the house without paying for it by agreement or by a deferred sale order under Family Code Sections 3800 – 3802.

Do I have to split my Navy retirement?

Navy retirement and just about any other retirement earned during the marriage is community property and the amount earned only during the marriage is spilt with the non-member spouse. Consider trading something else for the community share.

How do we split the business?

Splitting a business without ruining the business or the managing spouse is the goal. Many business owners look at the buyout of the community business as a “double dip” when they are already committed to paying high rates of support. Appraisals need to consider the value of the loss of services of the spouse who has separated from the business.

What if I had the business before we got married?

Family Code Section 771 states that property held separately prior to the marriage remains separate property.

So, if you find yourself in the unfortunate situation of asking yourself alot of these questions, and would like to learn more about how we will help you,contact James D. Scott now!

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