San Diego Family Law Attorneys

In California, divorces are always considered “no fault divorce.” That means that no reason has to be given for the dissolution of the marriage and fault is not considered when dividing assets or determining spousal support. To establish residence in California, one of the divorcing parties must have lived in California for at least 6 months prior to filing for divorce. The petitioner must have also lived in the specific county where the divorce is being filed for at least 3 months.

California is considered a “community property” state, which means that all assets acquired during the marriage are considered shared property between the two parties. This can make divorce exceptionally complex, especially in high net worth divorce cases. Our attorneys have special expertise in handling these types of financially complex divorces.

Establishing child custody and visitation in a California divorce can be one of the most legally and emotionally challenging aspects of family law. When establishing child custody, there are two main components that have to be decided: 1.) Legal custody, which means who makes important decisions for your child, such as schooling, religious upbringing and health decisions; and 2.) Physical custody, which is where the child lives, how long and how often visitation may occur, etc.

Joint or sole legal or physical custody may be granted to both or either parents depending on the parents’ agreement or the input of a family court judge according to the “best interests of the child” if the parents are not able to agree. A detailed visitation schedule, supervised visitation or no visitation granted will also be determined during the divorce process. Having the best possible legal representation helps ensure the healthiest outcome for children of divorce.
Spousal Support

Depending on the circumstances of a divorce in California, the court may award permanent or temporary spousal support or alimony. The judge will take many factors into consideration, including the earning potential of each spouse, contributions to the marriage, financial support for education or training, duration of the marriage, assets/income and any other contributing factors.

Establishing paternity is critical for determining financial responsibility for a child and also to establish parental rights. By having both parents on a child’s birth certificate, the child is able to inherit from either parent, receive social security or veteran’s benefits (if applicable), be provided health insurance and of course child support. Paternity is also important for documenting a child’s hereditary health history. If a child is not born into a marital relationship, genetic testing may be necessary to formally establish paternity. Our attorneys at BLSAPC have lengthy experience in paternity cases and can provide expert counsel in paternity cases.

Determining child support under California law involves a number of factors, including the income of each parent, the age of the children, whether physical custody is joint or solely granted to one parent, as well as health insurance and other expenses that are necessary for the care of the child.

Same-sex divorce can be complex in California, as some of the laws have not yet caught up to the realities of same-sex marriage. For example, in a same-sex marriage, the partner who bore the child is automatically considered a legal parent, yet the other spouse doesn’t have any formal parenting rights over a child unless the couple already went through the process of legally establishing parentage. If a parent is not legally recognized as a mother or father, this will be one of the many issues that will have to be determined in court.

Financial issues may also be more complex for same-sex couples, such a dividing retirement assets or obtaining access to account records or employment information. While legal protection exists under California law for same-sex couples, the practical aspects of ensuring a fair divorce requires experienced legal counsel, specific the legalities of same-sex divorce.

At BLSAPC, our attorneys have in-depth experience in helping high net worth clients navigate the complexities of divorce where there are significant assets to divide. The stakes for these types of divorce can be high and have far-reaching implications for each spouse as well as any children involved.

California is a community property state; however assets held by each party prior to the marriage are considered separate assets. It’s essential to have expert counsel in dividing separate and community assets, as well as getting accurate valuations of business, investments, real estate, intellectual property and other valuable resources.

Our litigators are expert in helping clients through the mediation process. Mediation can be one way to help both parties reach an acceptable agreement without the cost, complexity and time of a formal court hearing. The mediator is impartial and helps facilitate the negotiation process. Even if all issues are not resolved, meditation can help expedite the divorce process by expediting agreement on some of the key issues that need to be addressed.

Mediation can also be an effective way to handle post-divorce conflict as issues arise, without the expense and time needed to go to court. Mediation may help you save money in legal fees; however there’s no guarantee it will result in an agreement. A judge may also order parents to participate in mediation if they’ve not been able to reach a custody agreement for minors.

At BLSAPC, our attorneys are specially trained in collaborative divorce law. In a collaborative divorce, you and your spouse hire collaborative divorce lawyers to help negotiate a formal divorce agreement to reach a legal settlement. Expert advisors may still be brought into the process, including finance specialists, accountants or child custody experts. Having a collaborative divorce allows a resolution without having to go to court. However, if an agreement isn’t reached, a formal court hearing would still be necessary.