Typically, in San Diego Family Law divorce actions, the Courts will issue final decrees that establish the parties’ rights and obligations. If a party subsequently fails to comply with the terms of such orders, it may not only subject them to contempt actions but also may be grounds for the Courts declining to hear any arguments they assert pertaining to the orders, pursuant to the disentitlement doctrine. The disentitlement doctrine was the topic of a recent California opinion issued in a divorce action in which the Court found that the doctrine applied but ultimately decided to hear the offe ..read more

Generally, when a party files a paternity action, it is because the child’s mother and purported father disagree over the child’s parentage. In some instances, though, both parties will acknowledge a child’s paternity and will file legal documents stating as such. While they have the right to do so, such documents should not be entered into lightly as they can be difficult to set aside, as illustrated in a recent California paternity case. If you need assistance establishing or disputing a child’s paternity, it is in your best interest to speak to a San Diego paternity attorney to assess your ..read more

Divorce actions often involve a juxtaposition of emotions and legal and factual disputes that can be challenging to navigate. In San Diego Family Law Court., dissolution cases can become all the more complex if one of the parties dies before the matter is resolved. In a recent ruling, a California Court examined whether a Court has the authority to enter a judgment of dissolution after the death of one of the parties based on a settlement agreement that had been reached before the death occurred. If you anticipate your marriage ending, it is wise to talk to a San Diego divorce lawyer about you ..read more

Discovery is an essential component of divorce actions, and the San Diego Family Law Courts will typically go to great lengths to protect that right to ensure just and efficient resolution of cases. Discover, in a San Diego Divorce or Legal Separation can include, but not limited to, the following: Written Interrogatories; Production of Documents; Deposition; Subpoena. Recently, a California Court discussed the interplay between discovery in a divorce action and a protective order in an unrelated case. If you have questions about how other proceedings may impact your rights in a divorce action ..read more

Thorough and truthful financial disclosures are crucial in San Diego divorce actions to enable the Courts with making an equitable division of assets and determining whether to grant spousal support or child support. A lack of adequate disclosure can lead to significant harm, and those who are adversely affected by the other party’s failure to provide accurate financial information can seek relief via the Courts. This was demonstrated in a recent ruling in which a California Court granted a request to adjudicate an asset 20 years after the entry of a default judgment in a divorce action. While ..read more

California law demands that parents provide financial support for their children. This obligation arises in the context of a divorce, legal separation or paternity case. In San Diego, child support orders may be through the San Diego Family Law Court or the San Diego DCSS Court. Both orders are legal and must be obeyed.  Parents often disagree as to what constitutes an appropriate amount of support or what they feasibly can pay, though, and in some instances, it may become necessary to retain an expert to provide insight on disputed issues. In a recent California ruling, the Court discuss ..read more

In San Diego Family Law Court child custody cases, the Judge will determine parental rights and obligations based on what is in the best interest of the child. Among other things, the Courts will consider and rule on whether either party engaged in acts of domestic violence; if there is a finding of domestic violence, it is presumed that granting that party joint legal custody rights would be detrimental to the child. In a recent California custody case in which the father challenged the Trial Court’s ruling, the Court discussed what evidence is necessary to rebut the presumption. If you need ..read more

Many married couples share finances, despite the fact that they have disparate incomes in 2023. If a couple with unbalanced incomes decides to divorce, however, it may leave one spouse without sufficient means to support themselves. Given the high costs of housing in San Diego County, may couples are having difficulty affording to live in San Diego even with two incomes.  When the spouses separate, this means two housing expenses and other expenses not incurred when cohabitating.  In such instances, the Courts may find it appropriate to grant spousal support. In a recent California c ..read more

When faced with allegations of domestic violence in family law cases, the San Diego Superior Court Judge’s will assess numerous factors to determine if a domestic violence restraining order (DVRO) is necessary and, if so, for how long. While many DVROs are limited in duration, in some instances, they may be extended. If the Courts fail to apply the correct standard of review when evaluating requests to renew DVROs, however, it may constitute grounds for review. In a recent California ruling, the Court clarified what a party must demonstrate for the Courts to grant a DVRO renewal request. If yo ..read more

In San Diego, California, absent a marital agreement stating otherwise, income earned during a marriage is considered marital property. As such, if a couple decides to divorce, it is crucial to determine the date of their separation, as any earnings accrued after that are considered separate. In a recent California divorce action, the Court discussed the factors evaluated in determining when the separation occurred. If you or your spouse wish to end your marriage, it is wise to confer with a San Diego family law attorney to discuss how the decision could impact you financially. History of the ..read more