Family Law

5 Advantages of a Marital Settlement Agreement

A comprehensive marital settlement agreement (MSA) should set the terms of your divorce, including any alimony, child custody, and child support arrangements. If you can reach an MSA (and not all couples can), you will enjoy numerous advantages over litigation. Following is a description of five of the most advantageous aspects of a marital settlement… read more

What Constitutes Emergency Custody in California?

Child custody is a sensitive and emotion-laden issue. How does a San Diego family court decide on custody arrangements? The “best interests of the child” is the primary consideration, but what exactly is that? And then there’s the issue of emergency custody, where one parent is seeking an immediate change in child custody arrangements, ostensibly… read more

Is a Confidential Marriage License Better Than a Public Marriage License in San Diego?

For some couples, protecting their privacy is a high priority. If so, they might choose to obtain a confidential marriage license instead of a public marriage license in San Diego, CA. Public figures and celebrities often try to conceal their marriage for several reasons, but confidential marriage licenses are available to any couple who meets… read more

Understanding California Family Code § 2030 – Need-Based Attorney’s Fees 

Attorney’s fees can be a significant concern in family law cases. Yet, California Family Law provides mechanisms to address this issue fairly. One such mechanism is the award of attorney’s fees based on need.  Read on to explore the key aspects of need-based attorney fees under California Family Code § 2030. What Is a Need-Based… read more

How Long Will My Family Law Case Take?

A divorce, child custody proceeding, or other family law case can disrupt your daily life and cause emotional hardship for you and your loved ones. You may wonder how long it takes to resolve such matters so that you can return to your normal routine and begin the process of healing and moving forward. How… read more

What Is a Minute Order in San Diego and Is It Supposed To Be Signed By a Judge?

In San Diego, state law governs all civil law, including family law. In civil court, a party to a dispute might file a motion of some sort or another. A motion is a request for the court to do something (a motion to dismiss, for example, is a request that the court dismiss the case). … read more

5 Mistakes To Avoid During Your Separation

A couple considering divorce might opt for a legal separation instead of ending their marriage. During a legal separation, the parties resolve the issues they would resolve during a divorce action. However, they officially “pause” their marriage instead of legally ending the relationship. Why Do Couples Choose To Legally Separate Instead of Divorcing? It would… read more

Limitations on Spousal Privilege in California

Spousal privilege is a legal rule that says that a married couple can keep certain information from being revealed in court. This privilege is based on the idea that marriage is a private relationship and that spouses should be able to communicate freely without fear of their words being used against them. The privilege is… read more

Who Is The Affiant When Signing an Affidavit in California?

In an affidavit, the affiant is the person swearing that the statements contained in the affidavit are true. Typically, the only other person who signs an affidavit is a notary public. California affidavits are governed by the California Code of Civil Procedure. An affiant must be very careful to ensure that all of the statements… read more

What Happens During an Emergency Child Custody Hearing in San Diego, California?

Child custody is one of the most contentious issues that couples fight about in San Diego family courts. California encourages parents to work together to develop a parenting plan and custody arrangement that is best for the entire family. Unfortunately, the court must intervene in some cases to decide on custody matters.  Typically, child custody… read more