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Divorce rate in Oceanside higher than entire state, but why?

Though most people do not plan for a divorce when they get married, they do know that it can happen to anyone, at anytime. But despite this fact, there are certain states and even cities here in the United States where divorce happens at a higher rate than in other places. And one such place… read more

Q & A: California is a community property state. What does that mean for a couple who is divorcing?

You'll likely hear the word community often in the course of your divorce. This term refers to you and your spouse's equal, undivided interests in and to all of your marital property.  All property accumulated by either spouse from the date of marriage to the date of separation is considered community property. There are many… read more

Q & A: Can I take a friend or family member to my initial consultation?

Yes. Having someone present during your initial consultation can be a source of great support. You might ask your friend or family member to take notes on your behalf, so you can focus on listening and asking questions. Remember, however, that this is your consultation and it is important that the divorce attorney hears the… read more

Q & A: What unfamiliar words might an attorney use at the first meeting?

Law has a language all its own, and attorneys sometimes lapse into "legalese," forgetting that nonlawyers may not recognize words used daily in the practice of law. Some words and phrases you might hear include: Dissolution of marriage: The divorce Petitioner: Person who files the divorce petition Respondent: Person who did not file the divorce… read more

Q & A: I’m afraid I can’t make it through court without having an emotional breakdown. How do I prepare?

Any hearing or trial can be highly emotional. You will need to draw on your support network. Additionally, some of these ideas may help you through the process: Meet with your lawyer before your court date, so she can prepare you for court. Ask your lawyer whether there are any documents you should review in… read more

Q & A: I am still so angry at my spouse. How can I be expected to sit in the same room during a settlement conference?

If you are angry at your spouse, it may be beneficial to postpone the settlement conference for a time so that you can participate meaningfully in settlement negotiations. You might also consider seeking counseling to support you with coping with your anger. Another option is shuttle negotiations. With this method, you and your attorney remain… read more

Q & A: What types of custody are awarded in California?

Custody of the children may be held by both parents (joint custody) or by one parent (sole custody). Additionally, California distinguishes between physical and legal custody: If a parent has sole legal custody, that parent has the exclusive right and responsibility to make decisions about the health, education, and welfare of the child. If a… read more

Q & A: What factors will impact the cost of my divorce?

Although it is impossible to predict the cost of your dissolution, you can expect that the following factors will affect that cost: Whether there are children Whether the parties agree on child custody Whether your case involves legal questions that are new to California Whether the parties will divide a pension plan The nature of… read more

Q & A: I’m afraid my spouse is going to drain our bank accounts and leave me with nothing. What can I do?

Upon the filing of a divorce action, the automatic temporary restraining orders (ATRos) immediately take effect. The purpose of the ATROs is to maintain the status quo, and to prevent either spouse from taking all the money out of the bank accounts, or disposing of other assets, while the divorce is pending. Once the respondent… read more