Legal Insider's Guide To San Diego Divorce, Legal Separation And Paternity

The practice of divorce as an attorney in San Diego is very complicated. Clients want to get accurate data so that they can make informed and intelligent decisions. In my book, Legal Insider's guide to San Diego Divorce, Legal Separation and Paternity [published in 2009] and for sale on Amazon.com are discussions on many areas of the law with regard to divorce, legal separation and paternity. This includes many topics including how to choose an attorney.

The chapters are listed as follows:

Chapter 1. Should I Hire An Attorney? In this chapter, there is a discussion of whether to hire an attorney or lawyer and the factors to consider in this most important decision.

Chapter 2. How Do I Choose An Attorney As I Do Not Want To Make A Mistake? In this chapter, criteria are discussed so that an informed and intelligent decision can be made in which attorney to hire after the decision to hire an attorney has been made.

Chapter 3. Should I Hire A Mediator Instead Of An Attorney? In this chapter, the advantages and disadvantages of both using a mediator versus using an attorney are discussed.

Chapter 4. What Should I Bring And How Do I Prepare For My First Meeting With An Attorney To Make Sure All Of The Information Is Discussed? This is information about what documents and information to bring at the initial consultation and gives advice from an attorney perspective as well as from that of the client.

Chapter 5. What Issues Will I Have To Deal With In My Case? Issues such as divorce, legal separation, paternity, spousal support, child support, division of assets and debts and many other topics are discussed in detail.

Chapter 6. What Is The Difference Between A Divorce And A Legal Separation? This is a critical decision to make at the onset of the case. If there are such religious convictions that a divorce would not be acceptable, then a legal separation may be appropriate. In addition, if there are medical issues and coverage issues for the non member spouse of an insurance plan, then a legal separation may be considered instead of a divorce. There are disadvantages as well, since with a legal separation, if either side wants to remarry then a divorce would have to be filed and a divorce judgment obtained. This requires an agreement between the parties since, if one side wants a divorce and the other does not, the Judge will grant a divorce under the current law.

Chapter 7. What Does Procedural Posture Mean and Why Is It So Important To My Case? While clients are not attorneys experienced in family law, most do not know what the procedures are nor their importance.

Chapter 8. Where Are the Court Houses For Family Law And What Are The Hours And Holidays? The court houses are closed on days which one would not expect such as the third Wednesday of each month. As all are very busy, it is important to go to the court house when they are open. As court closures and holidays may not be the same each year, it is important to check before you go.

Chapter 9. How Is The Decision Made As To Where Our Children Will Live? This is perhaps one of the most important chapters and details the family court services mandatory mediation process and gives specific advice on strategies and techniques to try and obtain your goal of the parenting plan which is in the best interests of your children.

Chapter 10. How Is The Amount Of Child Support Determined And For How Long? Child support, in San Diego, California is determined by using a state approved program called the Disso Master. It is very important to have an idea of the amount of support to be received or paid so a decision can be made to avoid going to court if at all possible. Our office has the Disso Master program and we offer a complimentary child support analysis using this program.

Chapter 11. How Is The Amount of Spousal Support Determined And How Long Will It Last? This is a very complicated issue and, for temporary spousal support {pre judgment} the Judges can use the Disso Master but for permanent spousal support {post judgment} the factors are listed in the family law code.

Chapter 12. What Should I Do If I Lose My Job Or My Income Is Substantially Reduced? Given today's economy and job market, it is not unusual for decreases in income which are substantial. Since the law is that the order for modification is only retroactive to the date of filing of the motion for modification of child and/or spousal support, it is essential to file as soon as the income is substantially reduced. A reduction of ten percent [10%] or more can be considered a substantial reduction for modification purposes. Again, as above, it is very important to use the Disso Master for child support prior to filing a motion since many factors may change and no one wants to file a motion to reduce their support only to have it increase at court.

Chapter 13. How Are Our Assets And Debts Divided? As California is a "no fault" state, there is an equal division of assets and debts however there are some limited exceptions which are detailed in the book.

Chapter 14. How Is A Business Valued? For sole proprietors, partnerships or corporations, the value of a business is community property and this is a most complicated area of the law. Many times an expert is needed to value for community property division purposes.

Chapter 15. How Does The Payment Of Attorney Fees Work? This is a most contentious issue since the payment for your attorney fees can be high and now the other side is asking for you to pay their attorney fees as well. This chapter discusses some of the theories used by the Judges in determining an award of attorney fees.

Chapter 16. How Can I Get Information If I Think The Other Party Is Lying? These strategies include written discovery, production of documents, requests for admissions, subpoenas, depositions, investigators, asset searches and other strategies and this question comes up a lot.

Chapter 17. What Questions Should I Be Asking To Make The Most Informed And Intelligent Decision Regarding My Case? It is hard to ask a question which you do not know to ask. Contained in this chapter are some suggestions.

On our website, you can ask for a free copy of this book.

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