Going Through a Tough Divorce

3Like this picture shows, going through a divorce can be tough on parents and children equally. Talk to a legal professional if you or your children would like to learn more about this process… read more

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3 Ways a Family Law Attorney Can Help Your Divorce Case

Getting divorced may be one of the hardest things many people do in their lives. If you are facing a divorce, there are some things you can do to make it easier for yourself. This includes hiring an experienced family law attorney. A divorce lawyer should have the tools and experience needed to help you cope with the life changes as well as reach the outcomes you desire for your case.

Simply knowing the rules and regulations of the court can be a huge advantage for future divorcees. The court must use these rules and regulations when accepting filed documents, setting up hearings and when they do practically anything else. There are rules on how people must act in the courtroom and rules regarding which documents must be filed and by when. If you decide to go through a divorce without knowing these specific rules, it could cost you months of extra time. Instead of deciding to represent yourself in this situation, which is known as filing as an In Proper Person, you should contact a lawyer for representation. Getting a lawyer who is familiar with the court’s Rules of Civil Procedure and statutes can make a huge difference to your entire case.

Attorneys can also help simply because they know the law so well. If you decide to represent yourself, you will likely have to spend hours of your time researching what attorneys have already spent years learning. If they are unsure of something, they are usually aware of where the answers to their questions can be found. If you go through a divorce alone, you could spend days looking for the same information. For many people, this is a huge waste of time, as time is worth money.

Attorneys can help clients in even more important ways. A huge part of learning how to be an effective attorney is gaining experience in negotiation techniques. Essentially, convincing others that they are right is a huge part of what they do every day of their lives. For many people, this experience is essential to winning their divorce case. This is especially true if you and your future ex are having a difficult time determining how assets and debts will be split. Having an attorney there for you to negotiate these difficult things can pay off in a big way during a divorce.

Having a legal advocate on your side during a divorce can make all the difference in the world. To learn more about how a family law attorney in San Diego can help your divorce, visit this website.

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5 Tips for Dividing Property in a Divorce

Dividing property during a divorce can be one of the most difficult parts of legally ending a marriage. You may be emotionally tied to your home, car, collectables, and other items, but your spouse may be equally invested as well. Consider the following five tips that future divorcees can use to help the process be as amicable as possible:

1. List All Belongings

Take the time to get together and list every single piece of property that you own jointly. This includes everything that you have purchased during the marriage. The list will help you value and divide things more easily.

2. Flip a Coin

Flipping a coin may sound scary, but it can be an effective method. The winner of the toss makes up two lists dividing all property. Then the other person decides which list they want to take and the list maker receives all the property on the other list.

3. Sell All Joint Property

This may not work for everyone, but holding a garage or yard sale and splitting the proceeds can be effective at reducing issues in this process.

4. Coin Flip for Value

Divorcees can also flip coins to decide who determines the value of specific items. Then the other spouse decides whether they want to claim the property as their own.

5. Bid

Houses, cars and businesses can be settled by bidding on items. Each party puts their bid in a sealed envelope. The person who bids most wins the item, and equalization payments are made on the amount.

These situations can be complicated and difficult to maneuver without an advocate fighting on your behalf. Visit this website to learn more about the subject from a property division attorney in San Diego.

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Dividing Property in a Divorce

2Your house, like this one, is an important aspect of your life, and if you are scared of losing it in a divorce, do not worry. Learn about your rights so that your property will be protected… read more

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Understanding the Rights of Grandparents

It is important to understand the California law if you want visitation with your grandchildren. A grandparent is allowed to ask the court for reasonable visitation with a grandchild. In order to give the grandparent reasonable visitation with the grandchild, the court has to determine two things.

1. Pre-Existing Relationship

The court must find that there was a pre-existing relationship between the grandchild and grandparent and that that relationship created a bond. The bond must be so strong that the court deems visitation to be in the very best interest of the grandchild.

2. Balance Between Grandparent and Parent

The court must balance the best interest of the child regarding visitation with the grandparent with the parental rights concerning making decisions about their child.

The grandparents are not allowed to file for visitation rights if the parents of the child are married. However, there are exceptions.

3. Exceptions that Allow Grandparents Visitation Filing Rights

The parents live separately.
The whereabouts of the parents are unknown.
One parent joins with the grandparent’s petition.
The child is not living with either of his parents.
A stepparent has adopted the child.

If a grandparent does have visitation through the courts and circumstances change making none of these exceptions apply, the parents can request the court to terminate the grandparent’s visitation. The court will then end the visitation rights of the grandparents. If you find yourself in this difficult circumstance, it would be advisable to find a good grandparents rights attorney in San Diego.

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Congratulations to Michael C. Peterson, Who Is Now a Certified Family Law Specialist!

I am verrrry pleased to announce that we received notice today that our associate attorney, and soon to be partner in the Arnold Law Firm, Michael C… read more

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How Does the Court Decide Child Custody in California?

Child custody cases can be long and drawn out affairs with both parents passionately fighting for their children. However, it is the court’s decision to determine what happens with a child, so they will do all they can to gain facts and evidence to make the best choice possible.

Child Comes First

The first rule of law when it comes to child custody cases is that the court is required to make a determination on what is in the child’s best interest. This may be difficult for many parents to accept, especially if their relationship has deteriorated. In California, it is always considered to be in the child’s best interest for them to receive as much time as possible with both parents. This usually results in an equal timeshare, or 50/50 physical custody with both parents having equal legal custody. This means that parents are both legally allowed to determine what happens to their children but they may only have them half of the time. Child custody schedules can be worked out to fit individual situations.

Unfit Parent

In some cases, the court may determine that a parent is not fit to have custody of their child. This may happen if they work in an unsafe profession, have substance abuse issues or if they are mentally or physically abusive. If this is known by the court, they may completely eliminate custody and only allow visitation with court ordered supervision.

Child custody cases are all very involved and individually decided. You can learn more on the subject from a child custody lawyer in San Diego by visiting this website.

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