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

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.