Divorce and Family Law Blog

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

What Are Interim Orders in a Divorce in San Diego?

When a couple seeks a divorce, the situation can escalate quickly. How do you resolve child support, child custody, property division, spousal support, and other matters while the divorce is still pending?  California courts issue interim orders, which are temporary orders concerning these matters. They apply until the divorce decree is final, at which point… read more

What is a Marital Settlement Agreement?

A marital settlement agreement lays out the terms and conditions of your separation. You and your spouse may agree on absolutely everything, making the entire divorce process go faster and smoother. Or, you may agree on a few things but still need to negotiate the rest. Either way, a marital settlement agreement is binding in… read more

What is a Confidential Marriage and Does it Affect a Legal Separation or Divorce?

A confidential marriage in California allows two people to get married without any witnesses present. A couple can request a Confidential Marriage License by paying an $89 fee. However, there are requirements a San Diego couple must meet. Confidential Marriage Requirements If you want a confidential marriage in San Diego, you and your spouse must… read more

What Can I Do if I Think My Spouse is Hiding Assets During a Divorce?

Getting divorced can involve many issues. Property division can be a contentious issue, especially since California is a community property state. To avoid dividing assets in half, a spouse may try to hide assets. The law requires spouses to disclose all assets in a divorce action. But unfortunately, that does not prevent some spouses from… read more

Can You Sue for Defamation During a Divorce in California?

Family court cases can be intense. The parties deal with emotional, sensitive personal issues that can cause feelings of anger, frustration, panic, and anguish.  In disputed divorces, property settlement, spousal support, and child custody cases, it is common for parties to say hateful and cruel things about their spouse. False statements are also common as… read more

The Benefits of Co-Parenting Courses

Co-parenting is the term for when two parents in different households raise children together. Some parents may have never lived together, while others go through a divorce, separation, or breakup. Co-parenting can come with many challenges. While some separated parents may cooperate and communicate easily, many do not.  Co-parenting courses continue to grow in popularity… read more

Emancipation in San Diego

A child under 18 years of age is considered a minor in California. A parent is responsible for caring for their child until they reach the age of 18 years in most cases. Parents provide for the minor’s health care, education, food, shelter, clothing, and other essential items. However, emancipation changes that requirement. Emancipation is… read more