Family Law Blog

What Are the Three Types of Spousal Support?

Divorce involves many complex and emotionally charged legal issues, but spousal support is often the most contentious. Filing for divorce can be an expensive endeavor for many couples, especially if one spouse has been unemployed for an extended period of time to support the other’s career or raise their children. Thankfully, California law recognizes that significant financial disparity between spouses is common during the divorce process and provides several types of spousal support to limit this disparity. What Are the Three Types of Spousal Support? To apply for spousal support, you must initiate a court case to request that a

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What Is the Difference Between Mediation and Divorce?

Many married couples throughout the United States eventually decide to end their marriages. They may become romantically detached from one another, experience acute problems like infidelity, or may simply realize they are incompatible as spouses for the long term. It’s common for people in this situation to wonder what their best options are for solving their difficult situations. Some people mistakenly believe that mediation is an alternative to divorce, but the reality is that mediation is an alternative to divorce litigation. You can end your marriage with the mediation process, and there are several advantages to choosing this option in

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What Questions Are Asked in Divorce Court?

If you are considering dissolving your marriage, you must plan for your case in advance to ensure you are fully prepared to meet all the legal requirements and reach the best solution for your family. Many couples can resolve their issues outside the courtroom with mediation or attorney-led negotiations, but unfortunately, some cases require involvement from the court to reach a fair settlement. There are various legal issues involved in getting a divorce, from child custody and support to property division, and a couple that is already struggling to communicate and cooperate will likely find it extremely difficult to handle

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What Do Judges Look for in Child Custody Cases?

Divorce involves a variety of complex legal issues that become even more complicated when children are involved. Establishing a fair and respectful child custody arrangement is the only way to ensure you and your ex can agree on the amount of parenting time you will contribute after you decide to dissolve your marriage. Whether you are on amicable terms or struggling to even communicate, you must work on setting aside your differences and cooperate to develop the right plan for your family. A thoughtfully crafted child custody agreement not only allows you to remain an active presence in your child’s

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Does the Custodial Parent Get the Noncustodial Parent’s Stimulus Check?

The ongoing coronavirus pandemic has inflicted unprecedented economic challenges for the American people since the virus emerged in the United States in early 2020. Forced lockdowns and business closures resulted in severe economic strain, and the United States government under former President Trump initiated a financial relief plan to assist struggling families across the US, and President Biden continued this relief. This plan included direct cash payments to Americans, providing relief based on income, and providing additional relief to parents with children under 18. The rules for these stimulus checks evolved with each iteration, but since the first wave of

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Which State Pays the Most Child Support?

After several studies conducted in the 1980s found significant inconsistencies in how judges across the nation calculate child support, the federal government enacted laws requiring every state to establish their own specific child support guidelines. Although the action did help courts determine appropriate child support payment awards, it also resulted in substantial variation in child support awards between states. Because of these discrepancies, it can be difficult for parents to predict how much they can expect when seeking a child support order from a family court, particularly if parents reside in different states. How Does Child Support Work If Parents

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When Can a Spouse Claim Spousal Benefits?

Social Security exists to provide a financial safety net for retired individuals in the United States. However, navigating the Social Security Administration’s procedures for filing claims for benefits is anything but intuitive, especially when it comes to spouse’s benefits. Suppose your spouse has retired and started claiming benefits from the Social Security Administration. In that case, it is vital to understand how spousal benefits work, how to claim benefits, and what you can expect from your benefit disbursements. The timing of your filing can significantly influence the spousal Social Security benefits you receive as well. An experienced family law attorney

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Is Divorce Mediation Legally Binding?

Divorce mediation has quickly become the preferred method for American couples to handle the dissolution process. There are many reasons behind this trend, including the significant savings of time and money that mediation can provide compared to litigation costs. The litigation process can be incredibly expensive and taxing, even in seemingly simple divorce cases. Mediation provides a divorcing couple the opportunity to streamline their divorce experience and save money on legal fees. It also keeps the process firmly within their control and helps them reach a more rational and personalized result in their divorce case. Many people wonder, is divorce

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What Does a Lawyer Do in a Divorce?

It’s normal to wonder whether you need to hire an attorney once the idea of divorce becomes a reality for you. Hiring an attorney is a major expense. If you already stand to sustain substantial financial losses from your divorce, you may find it difficult to justify the expense of hiring an Oceanside divorce lawyer to represent you. The reality is that you stand to lose much more by not hiring an attorney to assist you. Without legal representation, you might agree to a divorce order that does not work for you in the long run, or you could fail

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Understanding Limited Scope Representation in CA Family Law

It is not uncommon for people facing family-related legal matters to wonder whether they need legal counsel to navigate these issues. Family law matters can vary greatly in terms of scope and impact. You could be facing an intense divorce that is bitterly contested and bound to involve highly complex and sensitive issues, or you may simply need a bit of legal advice as you prepare to negotiate a prenuptial contract or alimony agreement. It’s vital for people facing family law matters to understand what limited scope representation means and the benefit of choosing this legal counsel option for your

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What Are the Five Stages of Divorce?

Divorce is typically one of the most challenging experiences of a person’s life. No matter the grounds for the divorce, it is an emotionally turbulent time for everyone involved, and it can be difficult to process your emotions while undergoing legal proceedings to have the end of your marriage finalized and signed into law. The divorce process, and coping with it, is usually a five-step process. While navigating the emotional side of divorce is entirely on your shoulders, Oceanside divorce attorneys are the best available resource if you need guidance for the legal side of divorce. So what are the

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The Surprising Positive Impact the Coronavirus Is Having on Co-Parenting

The ongoing health crisis created by the COVID-19 pandemic has sent many aspects of American life spiraling into uncertainty. Many families are still adjusting to working from home, limiting social interaction, and relying on digital communication to stay in touch with the people in their lives. Industries have evolved seemingly overnight and public entities like courthouses have closed to the public to slow the spread of the Coronavirus. One of the biggest areas of concern for divorced parents across the nation has been how the COVID-19 pandemic could negatively impact their existing custody agreements. While some parents have encountered significant

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Determining child custody during the holiday season

California residents may have different experiences during the holiday season. For some, it may represent a time of fun with friends and family members. For others, however, it can represent a time of stress and drama. Those who have been divorced may have the additional challenge of figuring out what to do with the children. In some cases, the courts don’t have enough time to help families resolve issues related to parenting and custody issues. It may be a good idea to create a parenting plan prior to getting divorced and attempting to stick to it as closely as possible. This can

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Divorce mediation is a positive alternative to litigation

Marriages end for a variety of reasons for couples in California and across the United States. While the term “divorce” often conjures up images of anger, pain and hatred as well as lengthy struggles in the courtroom, this is not the only way to bring a marriage to an end. Divorce litigation can be costly on both a financial and emotional level. Divorcing couples can lose up to a third of their total net worth due to the fees and costs that come with a contested courtroom divorce. A courtroom environment can emphasize the adversarial nature of divorce proceedings and

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While the Covid-19 Shelter-In-Place Executive Orders is in place my office is fully functioning; thus I am available to prepare ex parte documents, Temporary Restraining Orders, and prepare filing to be filed when the Court opens. Please contact my office at 760-643-4114 to discuss further.