BACKES FAMILY LAW

EASING THE PAINS OF DIVORCE

2009-12-07T20:29:00.000-08:00

Do you see your marriage failing around you? Are you working long hours only to come back to an unhappy household? Marriages aren’t always perfect and it is important to realize when one needs to back out. But the process can be more trouble than some people would like to take. Post-divorce settlement and distribution of finances and property is neither an easy nor a pleasant business. But the need to get out of an unhappy union is often necessary even in the face of so much hassle and adversity.

If you feel you need a divorce lawyer, San Diego offers the services of a multitude of lawyers well qualified to meet your needs. In San Diego, family law attorney is the person you go to if you want to get things started. It is often best to know exactly where you stand with regard to your spouse in terms of the law. The proceedings of divorce can be a painful affair not only emotionally but also financially, and hence it is best to have a well qualified family law attorney on your side to aid the process. Attorneys can help in drawing up pre-nuptial agreements prior to a marriage, making sure that your belongings and possessions are secure even in the face of marital disaster.

Rather than be ruthlessly treated by a vengeful spouse in San Diego, divorce can be a less painful process if the correct precautions are taken beforehand. But more than merely financial holdings and property, divorce can be excruciating if it involves one’s separation from one’s children. For couples with children, divorce can be an especially hurtful period as one bears not only one’s own pain but also the anxiety that the child must go through. It is thus essential that you refer at the earliest opportunity to a good child custody lawyer. San Diego area has several capable lawyers who are experts at making sure you get your due from a failed marriage. In terms of child custody, it is often a wise decision to secure a capable lawyer well beforehand to ensure least trouble in the future.

Discussing Child Custody and Visitation With The Experts

2009-11-18T21:11:00.000-08:00

There may be no other area of family law more contentious and stressful than Child Custody and Visitation. Both parties often want to retain primary physical and/or legal custody of children. A professional San Diego divorce lawyer explains that Child Custody and visitation decisions are some of the most important aspects of a divorce or dissolution proceeding. In the State of California, either parent may be entitled to sole custody or both parents can share joint custody of their child or children. Once an order is in place, it may be difficult to change it at a later date, unless there is a substantial change of circumstances.

Fighting over your child is costly, time-consuming and emotionally injurious to everyone involved, especially your child or children. But knowing your rights as you begin the process and acting proactively is of critical importance. It is essential to hire an experienced San Diego divorce attorney who specializes in custody litigation, as it could make all the difference in obtaining the results you want.

And according to top San Diego family law professionals with years of child custody law experience, the prevailing policy in California is first, to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and second, to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contact would not be in the best interest of the child or children.

Unless the parties can agree on a child custody arrangement, both parties likely will be ordered to attend a mandatory mediation at Family Court Services. The “Best Interest of the Child” is the standard to which decisions are made in a custody proceeding. Family law experts understand that juvenile dependency is a sensitive matter. Among the main goals when working with juvenile dependency matters, your local San Diego family law attorneys are committed to protecting the children, giving them stability, protecting a parents' rights, treating everyone with dignity, and respecting diversity.

Important Paternity Suits Information

2009-10-12T21:45:00.000-07:00

In the unfortunate event that a parent finds herself or himself alone with the newborn, there are options an individual can take in hopes of improving the life of both the parent and child. When an unwed mother accuses a man of being the father of her child or vice versa, this is a legal dispute called a paternity suit. Where paternity of a child is an issue, any party in interest, the mother, the father, or the child, can ask the court for a determination. A private action for paternity is usually either brought by the mother (at times with the counsel of an expert San Diego divorce attorney) in order to get support or by the father to establish his legal rights as the father. Regardless of who brings the paternity suit to court, litigation can be brought by a private party.

In San Diego divorce lawyers advise clients to familiarize themselves with terms and definitions of paternity suits when filing this type of case

A person identified as the child's father in paternity suits is called the "putative father". When the suit names the putative father as a defendant in a paternity case, he has a choice of either consenting to the entry of a paternity judgment or contesting the action. If the putative father consents, he would sign a Declaration Acknowledging Paternity, which would establish the legal relationship between the father and the child. It is imperative that you seek the advice of a San Diego family law attorney in your area before consenting.

If the putative father denies that he is the father or is not sure, DNA tests based on a cheek swab conducted on him, the mother, and the child can indicate a probability of paternity. The tests can exclude a man who is not the biological father and show the likelihood of paternity if he is not excluded.

DNA testing has become the most powerful test for determining paternity and is admissible in paternity trials. The percentage is usually from 95 to 99 percent. That means that if the test determines that the probability is that percentage or higher, paternity is presumed. The burden is on the putative father to rebut the presumption, which is a very difficult task. In addition to child support, paternity establishes emotional, social, and economic ties between the father and the child. Once paternity is legally established, the child gains certain legal rights and privileges.

In California, there are critical time limitations on bringing an action for paternity. Therefore, in order to protect your rights as a father, mother, or those of your child, it is important that you check with an experienced San Diego family law attorney regarding paternity laws.

San Diego family law

2009-09-15T22:26:00.000-07:00

Laws are not just legal codes and language for any country but they are also something which holds a relation or behavior of any individual. They guide and explain operations and acts of a citizen of a country. On the one hand, a law can stop the misconducts and ill practices, while on the other; it also checks the negligence on part of government and other administrative population.

There are scores of categories of laws that exist in a country and guide the smooth working of day-to-day life. One such law is family law. Family law is the universal term applied to refer to the assortment of actions regarding liaisons between parents and children, or martial relationship as well as sadism or cruelty between relations, acquaintances or associates. As family is the imperative ingredient of anyone’s life and acquires an important position; it becomes very necessary to preserve the relations within the family.

The disintegration and fragmentation of a relationship is extremely difficult and strenuous on a person who goes through it, both emotionally and financially. The legal issues that crop up at this time are multifaceted and imperative, involving both preferences and resolutions.

The San Diego family Law provides legal services for divorce, paternity, family law and child custody and is handled by San Diego family lawyers. San Diego family law attorneys give suggestions and also help in progressing of family relations. Moreover, it tries to end the distortions and fights among the couples and the members of the family. But if the parties do not agree upon living together then the separation matters are also handled with a great care so that either of the parties is not at loss. Family law San Diego also provides with information related to family law, appointments, and aid to the public.

In conjunction with other family law service providers the attorneys provides with legal forms and procedural guidance to resolve the case with ease and effortlessness.

Domestic Violence and Temporary Restraining Orders

2009-08-13T22:40:00.000-07:00

According to terms defined by family law San Diego attorneys explain that domestic violence is about one person getting and keeping power and control over another person in an intimate relationship. Domestic violence exists in any relationship (e.g., where people live or have lived together and/or are family members or sexual partners) where one person threatens/inflicts another person with physical or sexual harm or emotional harassment, violates their personal sense of space or peace, or destroys personal property.

San Diego Family Law Experts Say DV Affects Everyone, Including Children

Domestic violence specifically includes child abuse or neglect, both directed at the child or witnessed by the child. All abuse against children is extremely damaging whether it is mental, physical, or sexual abuse or whether it amounts to neglect.

Domestic violence or abuse can include and are not limited to: verbal or written abuse, any kind of physical violence, coerced or forced sexual behavior or acts, psychological or emotional abuse, and stalking someone in person, over the phone, or through the Internet.

If you or your children are a victim of domestic violence, a caring, experienced San Diego family law attorney can help you obtain a "Move-Out" or “Temporary Restraining Order” (TRO). A restraining order may direct the abuser not to approach you and your child(ren), your home, work, vehicle, and the child(ren’s) school and daycare facility. It may also prohibit a person from making any efforts whatsoever to communicate with you, directly or indirectly.

A move-out order is a court order that evicts the abuser from the family home. Generally, the Sheriff’s Department serves the papers on the abuser and orders him/her to leave the premises. A domestic violence restraining order is a court order that protects you and your child(ren) from being abused by another person. You will have to go to court to prove your domestic violence case, and it is important to have an attorney who can represent your best interests. A competent attorney can make sure you are prepared for the hearing and have timely presented to the court any and all corroborating evidence.

Once a restraining order is issued, only the judge is authorized to revise or terminate the order. The TRO usually lasts until the next scheduled court hearing, during which time the judge will rule whether to continue or terminate the restraining order. If the person who is restrained violates the order, they can be charged with committing a crime.

Time is of the essence when seeking a domestic violence restraining order. In all domestic violence matters, San Diego family lawyers work hard to resolve such very personal and often painful legal matters as quickly and sensitively as possible.

Spousal Support Or Alimony

2009-07-21T22:03:00.000-07:00

When a couple separates or divorces, the court may order one spouse to pay the other a certain amount of support money each month. Within the context of family law San Diego attorneys refer to this as "spousal support” or alimony. Courts in California look at a number of factors when deciding if spousal support should be awarded, and if so, for how long and for how much.

In a short-term marriage (under ten years), the courts are likely to assume that each spouse has kept the same ability to support him/herself as before the marriage, and while a brief adjustment is expected, the court expects each spouse to be substantially independent and self supporting within a reasonable period of time. In a long-term marriage (ten or more years) the court is more likely to find extended support appropriate. This determination is case-specific and fact driven.

The court has discretion to award temporary spousal support before trial at any time. Temporary support generally is granted to preserve the “status quo.” In San Diego family law, judges generally rely on a computer calculation using a program called, “DissoMaster.” This same program cannot be relied upon in setting permanent support.

Unlike temporary support, in setting permanent support at the time of trial, the court is required to consider all the following circumstances: the earning capacity, marketable skills, and job of the supported party, including time, expenses, and education/training, impairment of one spouse’s earning capacity due to periods the spouse stayed home to devote to domestic duties, the extent the supported spouse contributed to his/her spouse’s career, education or professional license, the ability of the supporting spouse to pay, each spouse’s needs based on their marital standard of living, each spouse’s assets and debts, the duration of the marriage, and other factors.

In determining a spouse’s actual income for support purposes, a court may consider as “gross income”: salary, wages, bonuses and commissions, overtime pay, if you regularly work overtime, income from rental property and other investments, and other sources of income. In the Court’s discretion, it may consider the earning capacity of a parent in lieu of a parent’s income Termination of Spousal Support There are certain specific events that typically end the obligation to pay or right to receive spousal support: The death of either spouse, the remarriage of the spouse who is receiving spousal support.

In addition, a top San Diego family law attorney explains that substantial changes of circumstances may lead to modification or elimination of spousal support. Examples include: the retirement or laying off of the spouse paying spousal support, substantial increases in the income of the spouse receiving spousal support, and payee spouse's cohabitation with ("living with") a presumed sexual partner without marriage.

The effect of the payee spouse's cohabitation with a presumed sexual partner outside of marriage is a controversial issue. Some courts see this situation as a basis for terminating spousal support in every case. Other courts view this situation as a basis for terminating support only if the relationship is "marriage like." Some courts examine the relationship to see if it provides, or should provide, financial advantage to the spouse receiving support. If it does, the court may decide that the alimony award should be lowered or eliminated altogether.

Normally, once a court ends the obligation to pay alimony, it can't be revived or "brought back," even if the situation of the receiving spouse changes substantially. Be proactive. It is critical that you obtain competent legal advice early on, so that the attorney can make a comprehensive evaluation of all the relevant issues. Determining a spouse’s “actual income”, for setting spousal support may require extensive financial discovery, especially if one spouse is running a business or is otherwise not forthcoming with the truth about all the finances, assets, and debts. One spouse also may try to intentionally reduce their income to avoid their spousal support obligation. There are many other issues that likely will have direct impact on this issue. Seeking professional advice by an experienced San Diego family lawyer early on can insure the best possible outcome whether you are the payor spouse or the payee spouse.

Family Law and Family issues

2009-07-13T00:04:00.000-07:00

Family-related issues have always been emotionally charged ones irrespective of the kind of social setup we are in. the law which deals into such issue is known as Family Law. Problems related to marriage, adoption, divorce, child abuse, property disputes, paternity, domestic violence and civil unions, all come under Family Law.

Different issues have different timelines and method of resolution. For example, a divorce has to be certified by the court system to become effective. A law court can determine the terms of a divorce taking into account prenuptial and postnuptial agreements between the aggrieved parties. History has witnessed many cases of divorce that have proved expensive and stressful to the contestants and their children.

On the other hand, a collaborative divorce which usually uses a single attorney for both parties is seen as a more cooperative process. If you require any information on San Diego family law issues such as complicated divorce and property settlements, you can refer to San Diego lawyers.

Adoption is yet another issue in family law where some or all of the rights of the original parents are subsequently passed on to the adopting family in a law court. The agreements are finalized by the attorneys after negotiating with the birth parents and the adopting party.

Paternity related cases such as determination and establishment of biological parents’ rights to that of a child is also an emerging branch of family law. A San Diego family law attorney will be able to help you out in any of these matters. Other examples of family law issues like civil union litigation and disputes between elderly parents and children are also increasing day by day. In these matters also, things like guardianship rights and power-of-attorneys play a significant role in resolving the disputes.

Family law is an emerging and fast-changing area of the law. It is advised to the parties concerned that they should be thorough with the subject in order to ask questions and provide answers to their lawyer or attorney. If you require any help or information above cases or issues concerning San Diego divorce, please contact San Diego Lawyers.

Mediation And Divorce Mediation

2009-06-12T22:31:00.000-07:00

More and more people are choosing to use private divorce mediation as a constructive alternative to resolving their case in a courtroom battle. It is less expensive, completely confidential, and can be resolved in much less time than using the court system for resolution of your differences, according to a top San Diego family law attorney we spoke to recently. The costs are cheaper because you and your spouse “share” the mediator’s hourly fees. In litigation, both you and your spouse are paying two attorneys.

The average time you and your spouse spend with a San Diego family law mediator, (depending on your particular facts and issues) likely will take 3 to 6 months. In contrast, a resolution in court may take 18 months to 2 years, on average. It drastically reduces the number of court hearings as well.

The Mediator will provide the legal information to both spouses and explain how it applies, without taking sides and without giving legal advice. It is not an adversarial process at all. Rather, it is more like participating in business meetings and is much less stressful than court.

Depending on the complexity of your particular case, joint appraisers, financial planners, tax attorneys, child custody lawyers, and other experts may be consulted during the mediation. They can help resolve complex valuation and income issues in a cost-effective fashion.

If at any time during the Mediation, you are not satisfied, you can stop the Mediation, retain your own attorney and go to court. A judge will decide the disputed issues. However, it is important that you understand that the discussions and tentative agreements in the mediation remain confidential and cannot be introduced into evidence in court. This rule makes it easier for you to make offers and consider alternatives, and even change your mind in mediation without feeling boxed in.

San Diego family lawyers agree that mediation is a real alternative to consider for couples who are able to communicate with each other. All they need is a willingness to start the mediation process. The mediator is there to give you the legal information you need and to guide you to make joint decisions that are fair. It is the Mediator’s goal to obtain final results for you that are realistic and workable and that reflect each party’s needs.

At the end of the Mediation sessions and after all your particular conflicts have been worked out, the Mediator will prepare a final legal agreement that will include all the issues in your divorce, including the division of the community estate (assets and debts), child custody and support, spousal support, agreements regarding family-owned businesses, and attorney fees. The mediator has everyone review and sign the agreement and has it filed with the Court as part of the judgment of divorce. That judgment is a legally-enforceable document. It has the same force and effect as if a judge had decided your case in court.

Regarding Prenuptial Agreements And Alternative Options

2009-05-13T22:08:00.000-07:00

Many will agree that premarital agreements may be prudent, but they just don't feel good. Most people don’t draft prenuptial agreements nor do they give consideration to seeking legal help from a child custody attorney down the line (because kids usually are not in the picture yet). It feels like giving up on your marriage before even getting started. Recommending a premarital agreement is asking two people who are thoroughly in love and convinced that this is a marriage made to last forever to, in effect, negotiate their divorce settlement before they say "I do." Any way you dress it up, that's a real downer for romance. Regardless, it may be the smartest decision you make.

In California, you can only enforce a prenuptial agreement if it's fair at the time you're enforcing it (a tough standard). There are many requirements that must be met in drafting an agreement that will be enforceable. It may be voidable if the party you're trying to enforce it against had representation when you negotiated and signed the agreement and you did not, or if you signed it less that seven days before you got married. Consequently, in family law San Diego couples who negotiate and execute prenuptial agreements are both represented by lawyers.

If you and your new spouse-to-be really aren't going to do the prenuptial thing, there are some practical steps both of you can take to control the way your property, debts, income and expenses merge. Many San Diego divorce attorneys recommend that you first, prepare a thorough inventory of everything you own and everything you owe as of your wedding day. You can do this without even sharing it with your spouse. But if the two of you can cooperate, you could each prepare an inventory and then sign a document indicating that you've each shared this information with your spouse.

Second, to the extent that you want property you acquired before your marriage to remain separate, treat it that way. Don't use it for the benefit of the marriage. San Diego family law experts explain that if you sell or liquidate any of it, make sure you deposit the proceeds in a separate account in your name only and that you don't use the proceeds for the benefit of the marriage.

If you already know that you're going to use some of your separate property for the benefit of the marriage, go ahead and pull out that much cash and deposit it into an account you can both draw out of, leaving the remainder of the separate property in the original account and preserving its separateness.

As your marriage continues, you may be tempted to tap into your separate property account for expenses of the marriage, like a down payment on a house or an investment in a business. Just realize that every time you tap your separate property for a marital purpose, you make it look more like marital community property.

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.

DIVORCE: LOCAL AND LEGAL CONSIDERATIONS

2009-04-02T21:14:00.000-07:00

Most people do not realize but divorce laws vary state by state, and enforcement of these laws varies not just county by county but judge by judge, says Stephanie L Watson, BellaOnline's divorce editor of The Voice of Women. When you take your divorce in front of a judge, you are literally leaving your life in the hands of a stranger. Your judge is not going to get to know your case the way you know your case, and he or she will simply see it as a case, not as your life.Before going forward with litigious actions against your ex make sure you are made fully aware of the typical awards given by your judge. What you find out may make the difference between settlement and deciding to keep fighting. While the text of an official document provides legal guidelines, such as a prenuptial agreement San Diego judges do not have to follow them to the letter; in divorce and family court, these are just guidelines. Judges have the discretion to go outside of these guidelines at will within the family court system.

The system is not fair. The system will not take care of you and look out for your best interests. Only you and your San diego family law attorney can do that. Remember that a good San Diego divorce lawyer can help you present your case and allow the judge to make a choice based on his knowledge of your case and the law. Sometimes you can have the best case, and it seems obvious the outcome, but the judge doesn't see what you see, doesn't know what you know, and will not always get it the way you do. Judges can make bad decisions based on not having all the information. Your divorce is truly all in your own hands, not the court, and your San Diego family law attorney can help you act instead of react so that you and your spouse can come to a mutually beneficial agreement. Remember that many divorces end up in court, so unless you and your spouse can come to an agreement that is fair, seek professional help. You can be sure that a good, honest, and qualified family law attorney can effectively help you navigate through your difficult divorce.

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.

BREAKING UP IN SAN DIEGO

2009-03-03T23:33:00.000-08:00

Rihanna’s decision to give it another go with Chris Brown probably has a strong emotional element to it, and understandably so. With regard to relationships, whether they’re just beginning or coming to an ugly, abrupt halt, it’s almost always a matter of the heart. And depending on your perspective, emotions could either cloud a person’s decision-making abilities or aid them. I think they tend to cloud them. And after researching people who both specialize in San Diego family law and aren’t emotional (in the negative sense) about the business of conscientiously handling complex divorce procedures, I’ve learned the vital importance of finding qualified, experienced professionals who understand all the legal and technical nuances of this field. There are experts in all industries where the vast majority of us have almost no clue as to where the beginning point exactly is: college applications, wedding planning, first baby shopping, funeral services, and arguably most frustrating of all, divorce proceedings. Having the right manner of guidance from a sympathetic San Diego divorce attorney can spare a person from a great deal of financial and emotional grief.

Having lived in San Diego, I’ve read a December 2008 article in the San Diego Union Tribune reporting that divorce rates among soldiers and Marines increased last year as military marriages suffered continuing stress from America's wars in Iraq and Afghanistan; regardless of where they live, people filing for divorce usually experience both tremendous emotional and legal difficulties associated with such a difficult life decision. While seeking out family law help is something no one really looks forward to doing, you owe it to yourself and your loved ones to secure the kind of dependable representation that a solid San Diego divorce lawyer provides when going through a divorce or any other family law issue. Jennifer Anniston in an Elle UK magazine interview may be right when she says that there are no bad guys or good guys in a divorce, however, we know this may not always characterize normal divorces. In many cases during a dissolution of marriage or child custody proceeding, the process can get bogged down by a number of unforeseen events and having a good, knowledgeable, and compassionate San Diego family lawyer thoroughly familiar with divorce law in the county can mean the difference between a prolonged, frustrating divorce and a fair, expeditious one. The Superior Court of San Diego divorce FAQ page also provides important and helpful information on important questions you may have regarding family law in San Diego County.

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

Post Nuptial Agreements

2009-02-06T20:03:00.000-08:00

I recently read an article on Yahoo Finance on postnuptial agreements. As unromantic as it may sound, it is a fact that a majority of marriages end in divorces, and a lot of the post breakup mess can be avoided through professional pre and postnuptial agreements. Surprisingly, when I discussed this issue with my San Diego Family Law Attorney, I understood that postnuptial agreements are the ones which are rising in popularity.

It did seem counterintuitive to me, so I went and read the article again. It seems that in the poll of members of American Academy of Matrimonial Lawyers (AAML), post nuptial agreements are rising. I know of a San Diego divorce lawyer who suggests that any dramatic change in status (be it sudden wealth like inheritance) warrants a postnuptial agreement. So do I see a rush for drawing up, especially in big cities like Los Angeles and San Diego post nuptial agreement?
But does a written document increase or reduce the stress of married life? You will get your answer based on who you ask.

As per AAML President Gaetano Ferro (Guy), “Post nuptial agreements, where valid, can be a good tool for addressing and solving problems spouses might be experiencing in their marriage, and having a written document with expectations and obligations clearly set forth reduces the areas of disagreement for spouses and can remove a good amount of stress from everyday married life.”

Among the strangest items included in some postnuptial agreements, AAML members have noted: limits of the future number of children, provisions for pet visitation and care, and the dividing up of cemetery plots in the event of divorce.

Do you agree with this? Do let me know your views.
Source: "America's Top Divorce Lawyers Cite Postnuptial Agreements as Growing Trend" at Yahoo! Finance.

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.

Division of Assets & Debts in San Diego California

2009-02-02T21:59:00.000-08:00

As part of a San Diego divorce action, usually the court will decide how to divide your property and debts, both real property, like your house, and personal property, like your cars and furniture, and all the outstanding debts. California is known as a "community property” state. What that means is that property acquired and debts incurred during marriage is presumed to be community property and debt.

Aside from matters regarding children, division of assets is often the issue that creates the most fervent disputes during divorce proceedings. During marriage, a couple’s finances become greatly intertwined with one another, so separating them can be extremely frustrating and time consuming. Splitting finances, property, assets, and debts is a process which must be mediated by an outside entity, such as San Diego family law courts & judges.

The first step in San Diego property division is determining what community property is and what constitutes separate property. Separate property can include gifts, inheritance, personal injury settlements, pensions acquired before marriage and a separate property or business in one’s name. Although, separate property can sometimes become mixed with community property, and that almost always complicates an already complex situation.
Often, the most common types of community property that become issues during divorce include family homes, pensions acquired during the course of the marriage, family businesses, and any jointly owned property that cannot be clearly identified as separate.

These properties often take quite a bit of time to process and if they are not distributed equally, the court can sometimes mandate that they be sold in order to compensate for the inequity of asset distribution. It's equally important that all the outstanding debts belonging to both you and your spouse or to both of you jointly are divided as well, both secured and unsecured. This is community debt, which means that you are liable for and will be awarded ½ of the debt (or the equivalent) in the distribution of the community estate.

If you and your spouse can agree on how to divide your property, each representing San Diego divorce attorney will write up a formal agreement called a “Marital Settlement Agreement.” Detailed lists of who gets what will be included in this agreement. The issues of child custody and visitation, child support and spousal support, division of community debts and other related issues also are generally included in the agreement.Read the Marital Settlement Agreement carefully, and ask your San Diego divorce lawyer about anything you don't understand. Once you've signed the agreement and it's been approved by the court, it will be extremely difficult and expensive to try and change it.

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.

What to Consider in Choosing Your California Divorce Lawyer

2009-01-02T04:58:00.000-08:00

Choosing the right California divorce lawyer to represent you and your best interests in your divorce case is one of the most important decisions you can make. Filing for divorce in San Diego can be a long and complicated process, even more so if you do not have a qualified and accessible San Diego family lawyer on your side.

Asking references of your friends and family might be your first step in finding a good San Diego divorce lawyer, but ultimately you should go with your own instincts. Schedule a consultation appointment, and make sure you bring along all the questions you need answered. This will give you the opportunity to interact with your potential lawyer and his or her staff. This first meeting is crucial. You should know after an hour or so if this is the right divorce attorney for you. Your San Diego divorce attorney is someone you will be sharing some of the most intimate details of your life and marriage with, as well as some confidential financial information. Therefore, he or she must be someone whom you trust and feel you can comfortably share all this information with, as well as someone who is qualified enough to fight for you and your best interests.

One of the most important and relevant questions to ask your lawyer in the initial consultation, is whether he or she specializes in San Diego family law. You wouldn’t go to a general physician if you have a specific condition, for example heart disease. Likewise, you shouldn’t settle on a general California lawyer who handles criminal, injury, or business cases as well. You should find a practice that mostly specializes in family law, if the practice does not, you should probably go somewhere else.

The next most important questions to ask would definitely have to do with the costs, and billing arrangements. Are the fees fixed or hourly? Are there separate costs involved? What kinds of things can you expect to see on your bill? Who else will be working on the case and are those fees separate as well? What can you do to help keep costs down?

Ultimately, you should ask what are the efforts your lawyer is willing to make for your case. You want a lawyer who will be directly involved, even with your spouse and his or her lawyer, and also will be able to communicate with you on everything. The lawyer should be willing to explain both the decisions and the recommendations which will ultimately help your case. However, in the end, you are the one who makes the decisions.

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.

Prenuptial Agreements aren’t Just for the Wealthy.

2008-12-22T23:30:00.001-08:00

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

2008-12-22T23:24:00.000-08:00

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.

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

2008-11-05T02:25:00.000-08:00

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

2008-10-21T21:25:00.000-07:00

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?

2008-09-23T03:38:00.000-07:00

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

2008-08-22T00:50:00.001-07:00

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.

Legal Malpractice and Divorce in San Diego

2008-08-22T00:50:00.000-07:00

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.