Prenuptial Agreements aren’t Just for the Wealthy.

Financial planners agree, when it comes to divorce, a variety of financial issues are just part of the factors that come into play. So it is important for both men and women to be financially educated and know where all their financial obligations lay. The good thing about divorce cases in California is that there are disclosure requirements. People can hire accountants to trace all property and assets and be able to determine tax implications.

However a good San Diego divorce attorney will tell you that if a marriage has seen an increase in money from one or both parties, that will affect other financial issues, like property distribution and child support.

And although it may not seem romantic or ideal, a pre or post-nuptial agreement is a good way to ensure that assets such as an estate or trust, which the spouse came into the marriage with, will be protected after a San Diego divorce.

San Diego divorce lawyer Marie Backes helps many couples with prenuptial agreements, and agrees that it’s not just a good idea for the wealthy. She helps many middle-class spouses set up agreements as well, which prove as good security devices, especially here in California, where there is such a thing as a “no fault divorce.”

Disclimer: This blog or article is for information purpose only, and should not be treated a professional advise or price protection guarantee. This blog is mainly used for search engine optimization and other commercial purposes and it is advised that readers seek professional consultation in the field of interest for more information

Marriage, Infidelity and Divorce

Yesterday I was reading an interesting article on Yahoo, about the signs of infidelity. It seems the main point which the author was trying to make is that there are no signs. But reading about it made me ponder about a more serious question : about the kids in a broken marriage.

Divorce is always painful. Ask San Diego Family Law Attorney Marie Backes. After spending three years going through her own “nasty” divorce, which involved the distribution of a substantial estate and a contentious custody battle, Marie Backes vowed to make it better for others experiencing the traumatic financial and emotional devastation caused by the breakup of the family. Her San Diego family law clientele include spouses and partners with substantial estates and parents whose only real asset is their children.

San Diego Family Law Attorney

The Backes Firm offers client consultations, private mediation, and court representation through trial. Ms. Backes established a solid reputation as a formidable trial advocate and sharp negotiator. Unlike most other San Diego divorce attorney, she brings with her an impressive background handling large scale civil litigation and private mediations against some of the top San Diego County law firms.

Disclimer: This blog or article is for information purpose only, and should not be treated a professional advise or price protection guarantee. This blog is mainly used for search engine optimization and other commercial purposes and it is advised that readers seek professional consultation in the field of interest for more information

BACKESFAMILY LAW - Why is Divorce in California So Time-Consuming?

This is a common question for San Diego divorce attorney Marie Backes. Known for her extreme zealousness in her exclusively family law practice in anywhere from multi-million dollar estate cases, to cases where children are the only real assets, Ms. Backes focuses on every aspect of San Diego family law.

Divorce in California takes a long time because the law requires at least six months to pass from the date the divorce petition is served for the divorce to become final. Historically, the reasoning behind this is it provides a period of time during which the parties might calm down and possibly even reconcile their differences.

With a San Diego divorce, you can make a formal request to the court to diverge your case, so that after six months you are considered no longer married, while the unresolved issues with your case will continue to be dealt with by the court. Unresolved issues may include property division, spousal if not also San Diego child support and, if applicable, parenting issues.
Divorce in California can and will go forward even if just one party wants it. Because we have a no-fault divorce system in place, "irreconcilable differences" can be considerable grounds for divorce, even if one side disagrees.

Disclimer: This blog or article is for information purpose only, and should not be treated a professional advise or price protection guarantee. This blog is mainly used for search engine optimization and other commercial purposes and it is advised that readers seek professional consultation in the field of interest for more information

BACKES FAMILY LAW - Divorced Couples Don’t Have to be Friends

San Diego psychologist and author of "The Good Divorce," Constance Ahrons says, that kids do poorly when they see parents doing poorly. "I always tell separating couples to try to minimize the transitions. If there's any way to hold on to the house and have the kids stay there, do it. Keep the conflict to a minimum and never put the children in the middle." Parents who try to keep their children’s lives as normal as possible will see, that kids can actually do well in coping with the split.

San Diego divorce lawyer and parent Marie Backes, who went through her own traumatic divorce has focused her San Diego family law practice around the most distressing aspects of the dissolution of marriage and the break up of a family. She says, “I know how bad my clients are feeling because I’ve been there,” says Backes. “I do everything possible to zealously represent them, to make things easier during that distressful time.”

While seemingly impossible, she and others say, it is possible to have a “good divorce” if you focus on what is most important first and foremost: your responsibilities as a parent. Of course divorce is and will always be painful, but when children are involved, parents can confront the fact that they are no longer willing to make it as a couple, but they should never give up striving to be a nurturing parent. The most important thing is that the kids keep a loving relationship with both parents. Going through a San Diego divorce shouldn’t be about winning, so it is important not to get caught up by petty things, and not make every conversation about what went wrong in the first place – especially in front of the kids. And finally, try not to exclude anyone from family functions, etc. If you would invite a friend who has nowhere to go on Thanksgiving, why not invite your ex-spouse? Ultimately, if kids see that your relationships can function, they are more likely to have functional relationships themselves.

The Backes firm focuses on every aspect of family law, including dissolution and division of assets and debts, fraud and concealment of assets, San Diego child custody and support, spousal support and attorney fees, domestic partner and grandparent rights, domestic violence and restraining orders, parental alienation and child abduction, modifications of custody and support orders, move-away motions and appeals, and the protection of client assets through prenuptial, postnuptial and cohabitation agreements. Visit www.backesfamilylaw.com for more information.

Disclaimer: This blog or article is for information purpose only, and should not be treated a professional advise or price protection guarantee. This blog is mainly used for search engine optimization and other commercial purposes and it is advised that readers seek professional consultation in the field of interest for more information

No-Fault Divorce San Diego Women’s Friend or Foe?

California became the first state to implement no-fault divorce, meaning that couples could divorce each other without citing fault or accusing each other of any wrongdoing. Feminists today argue whether or not this is beneficial to women involved in San Diego family law. Many disagreements have stemmed from the debate of enacting no-fault divorce in other states like New York, where some argue that because women are less financially secure than their husbands, they may be less successful in negotiations.

However, many experts say that both men and women tend to benefit from no-fault divorce cases, in that they are generally cheaper, shorter, and less volatile. While more conservative states have consistently lobbied for making divorces harder to obtain, some research shows that easier divorces can be attributed to less domestic violence. In fact, recent research by an economist at the Wharton School at the University of Pennsylvania has shown that easier divorces have reduced domestic violence within marriages by a third.

San Diego divorce lawyers, however, often report that their female clients don’t usually come out with the upper hand. While no-fault divorce in California may reduce the amount of often ugly confrontation, some studies show that women coming out of this type of divorce see a drop in standard living by 70% while men’s rise 40%, although the reliability of these results is questioned.

This type of inequality observed not just in California, but in other states as well, has lead female powered law firms like that of San Diego divorce attorney Marie Backes in San Diego.

Ms. Backes, who spent three years going through her own “nasty” divorce, which involved the distribution of a substantial estate and a contentious custody battle, began a law firm based on addressing and easing the pain involved in breaking up the family. Her family law clientele includes husbands and wives with multimillion-dollar estates and parents whose only real asset is their children. The Backes firm focuses on every aspect of family law, including dissolution and division of assets and debts, fraud and concealment of assets, San Diego child custody and support, spousal support and attorney fees, domestic violence and restraining orders, the protection of client assets through prenuptial, postnuptial and cohabitation agreements, and many more.

Disclaimer: This blog or article is for information purpose only, and should not be treated a professional advise or price protection guarantee. This blog is mainly used for search engine optimization and other commercial purposes and it is advised that readers seek professional consultation in the field of interest for more information.

Hiring a Divorce Lawyer in San Diego

One reason for hiring a San Diego divorce lawyer is to reduce the amount of stress one will experience from the act of divorcing itself. There are so many more facets involved with breaking up a marriage, especially one that has lasted over 10 years. Divorce can be an extremely emotional and deeply trying time. Property, assets, relationships, children, even your own ability to love and trust again, can all be at stake in a divorce.

Some Tips in Considering a Divorce Lawyer:

The San Diego divorce attorney you hire MUST be experienced in San Diego family law practice. He or she should be able to use past experiences in order to help you follow the best course of action pertaining to your individual case. He or she should also be able to provide you with a variety of options with respect to financial assets, child support and child custody rights.
Your lawyer should be able to give a more objective outlook on your situation, as well as have the resources to sort through often complicated documentation and red tape. Do it yourself services do not offer professional San Diego legal advice which you may be in need of.
An good lawyer will be able to tell you what kind of settlements are looked upon as fair and just by the court, based on previous experience. They can encourage you as a client to ask for a higher or lower settlement, depending on the outcome anticipated.

Where to Look:

Most people rely on word of mouth, when it comes to finding a divorce lawyer. It is helpful to have first hand accounts of what kind of experience and talents a specific lawyer or law firm has. The next step is to check with the city’s bar association. You can ask for a recommendation or request a directory either in person, or online.

Disclaimer: This blog or article is for information purpose only, and should not be treated a professional advise or price protection guarantee. This blog is mainly used for search engine optimization and other commercial purposes and it is advised that readers seek professional consultation in the field of interest for more information.

Legal Malpractice and Divorce in San Diego

In divorce actions, legal malpractice may occur. If a client suspects that his or her attorney is liable for malpractice, he or she may file a civil malpractice action against the attorney or may file a complaint with the State Bar Association.
Attorney's Duty to the Client
The San Diego attorney has a duty to the client to represent him or her in a zealous manner. The attorney is the client's advocate and speaks on his or her behalf. The attorney represents the client in all courtroom procedures and out-of-court procedures. The attorney owes the client a fiduciary duty to represent him or her in the San Diego divorce action. The attorney should be looking out for the client's best interests at all times and should ensure that the client receives a fair property division as well as alimony and child support, if warranted. The client should place complete trust in his or her attorney. The attorney should timely file any documents and conduct him or herself in a professional manner at all times.
Conflicts of Interest
If the San Diego divorce attorney has a conflict of interest, such as he or she is representing both the client and the client’s spouse or he or she had represented the spouse in the past, a conflict of interest may exist. A conflict of interest may occur if the attorney's personal interest, another client's interest, or a former client's interests would conflict with the representation of the current client. A conflict of interest is defined as an interest that the attorney has or may have had that would conflict in some manner with his or her current representation. Moreover, a conflict of interest may also be present if other lawyers in the firm have had relations or represented clients that are adverse to the present client's position. Generally, the San Diego divorce lawyer cannot represent two clients that have adverse interests.
Statute of Limitations for Filing Legal Malpractice Actions
Every state has a different statute of limitations period limiting the amount of time that a client may file an action against his or her attorney. If the client suspects that his or her attorney committed some type of malpractice by either breaching his or her duty to the client or that the attorney had a conflict of interest, the client should consult an attorney or file an action on his or her own. The client may contact the State Bar Association in his or her state and ask for advice, as well.
Disclaimer: This blog or article is for information purpose only, and should not be treated a professional advise or price protection guarantee. This blog is mainly used for search engine optimization and other commercial purposes and it is advised that readers seek professional consultation in the field of interest for more information.