Monday, August 10, 2015

Smart Ways to Protect Yourself Before Starting a Divorce

In most situations, a divorce is a big deal. The effects of the divorce can affect individuals for years to come. In some instances, the effects can last a lifetime. For this reason, if you are considering a divorce, you should always take steps to protect yourself from whatever might come.

Small steps can make a huge difference in a divorce. This may include setting up your own bank account that your spouse does not have access to. However, make sure the account is not funded by community assets or you may be forced to reimburse the community later on.

Additionally, you should take a detailed look at all of your financial statements for each and every account you hold individually and jointly with your spouse. This should include fluid accounts as well as debts. Also, evaluate how your spouse will react to the divorce. If he or she decides to splurge and buy everything in sight, you may be stuck with half the bill. Removing your name from any joint credit card accounts or other lines of credit can eliminate this risk.

Keeping meticulous records is one of the best safety nets during a divorce. Gather all records for all accounts – joint or individual - and make copies. The court will require this information, but it will give you and your attorney an easier way to determine your financial need and what you can reasonable ask for during the divorce.

Another great way to protect yourself is to hire a team of professionals with only your interests in mind. This includes a great divorce attorney and a certified public accountant. These people should be able to advise you of the financial ramifications of divorce and how to minimize your individual losses.  Get support from others in your life as well, as a divorce may be long and drawn out, depending on your individual situation.

Take the time to keep a detailed journal of your entire divorce experience. Log any and all important events that occur, especially instances of physical abuse and interactions with the kids. When writing about how your spouse interacts with the kids, write about how it affects them, because this is all the court will be interested in hearing. Instead of saying your husband is terrible because he was an hour late picking up the kids, include how the kids reacted and how they were affected. It will be much more effective.

Preparing for a divorce can take a long time and more advanced tactics in some situations. Visit this website to learn more about the subject from a divorce lawyer in San Diego.

The Importance of a Good Attorney

Divorce can be a difficult process, but hiring the right attorney can make the process so much easier. A good attorney, like the one in this picture, will fight for your rights so that you are protected... read more

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.

The Hardship of Divorce

Hurt feelings and emotional pain are common in the divorce process. If the situation has gotten out of control like with the couple pictured here, then it may be time to talk to an attorney who can assist you... read more

Sunday, August 9, 2015

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

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.

Resolving Disputes With an Ex-Spouse

This couple is receiving divorce mediation in order to solve an issue in their divorce. Talk with your ex-spouse to see if receiving mediation could benefit both of you through this arduous process... read more

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.