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Avoid the “2am e mail or text”. Emotions run high in all family law cases in San Diego and whether you are not married and have a paternity case or are married and have a legal separation or divorce case, you will be emotionally involved. When one feels wronged, it is easy to lash out and, when viewed in a court room many days or months or years later, your e mail or text can be very damaging to your case.2. Act as if the Judge Will Find Out Everything You Do
This can be most difficult but, remember, all you do will be told to the Judge in the most negative manner in most cases. While you and your spouse may have engaged in conduct together while you were married, this does not mean it can continue in the paternity, divorce or legal separation case. For example, if you and your spouse used corporal punishment on your child while together, do not do so in the future. This applies to all conduct you would not want the Judge to hear.3. Be Careful of Social Media
In this day and age, social media can be devastating to your family law case and it doe not matter whether this is a paternity, divorce or legal separation case. Below are a list of social media sites to be extraordinarily careful about posting or making information public which could damage or destroy your case for the parenting of your children. Do not post pictures of “partying” or using drugs or under the influence of any substance. Also, of course, do not post content which has the same effect.
In a divorce or legal separation case, it is important to comply with your fiduciary duties. Part of these duties is to preserve electronic storage information for business and also personal accounts. You have a duty to disclose all community, quasi community and separate property so make sure to have an accurate list and this is covered in more detail later in this article.5. Do Not Continue to Litigate if Your Goal Is Not in Accord With California Law
Many spouses and parents have very strong feelings about fairness and justice. This can lead to making decisions with emotions and not bases on evidence, facts and law under California. As most parties in a family law case are not experts in family law, they will not know what a settlement is in accord with the law in San Diego Superior Court. Many will listen to their relatives or friends or co workers who will advise them and are often wrong. Continuing to litigation your case when it is not in accord with CA law will only lead to increased tension, conflict and attorney fees and delay in settlement of the case.6. Put the Best Interests of Your Children Ahead of Yourself
While all parents do this, it can be difficult. For example, if the parents live 100+ miles apart, transportation can be an issue. For many parents, it is only fair for the parent who left San Diego to provide and pay for all transportation. The law in San Diego Superior Court, however, is much different and only looks to the best interests of the children and not the parents. As such, under Family Law Code Section 4062, the parent who moved away can ask for 50% of travel costs for visitation. Sometimes, the law does not seem logical unless viewed through the perspective of the Family Law Code.7. Disclose All Assets
Not disclosing all assets can lead to sanctions including breach of fiduciary duty and omitted assets. The penalty can be up to 100% of the asset even if the asset was community property and would have been divided equally in a divorce. Inadvertence is not a defense to non disclosure.How Can a San Diego Family Law Firm Help?
The law firm of Doppelt and Forney, APLC can help with realistic expectations under California law and in accord with their experience in litigating cases in San Diego Superior Court. Taking advantage of their generous offer of a free in-person or virtual consultation will enable you to make the most informed and intelligent decisions in your family law case. Feel free to contact them to set your appointment.