FAQ

I am from Minnesota and my family all lives there. Now that my marriage is ending, I do not think I can afford to stay in San Diego. My former husband says I cannot take our three children with me. How can I move to Minnesota with the children?

If your former husband does not agree to allow your children to move to Minnesota, it will be necessary for you to file a request with the Family Court to allow the children to move with you. The judge will analyze what is in the best interests of the children - move with you to Minnesota or change custody to the other party and allow the children to remain in California. "Best Interest" factors include such things as:

• Age of the children
• Preference of the children
• Past child sharing arrangement
• Reason for the move
• Distance of the move
• Ability of the parents to communicate

Move-away litigation is complex because there are always pros and cons for each consideration. Our firm handles many move away cases and can properly prepare your case for the best analysis to the Court. For a no-charge consultation, please contact our office

What is a Domestic Violence Restraining Order?

Domestic Violence Restraining Orders are appropriate when there is a need to protect parties from violence or harassment of another. A Domestic Violence Restraining Order can only be granted where there is a close relationship with the person to be restrained such as a marriage, divorce, separated, common children together, living together currently or in the past, dating relationship or related such as a parent, child, brother, sister.

Sometimes at the onset of divorce litigation or the end of a relationship, there can be a need for a restraining order. Our firm has handled many such requests and can zealously advocate your need for a restraining order as well as defend against an unmerited request for an order against you.

How do I end my marriage?

Provided you have been a resident of California for six months and a resident of San Diego for three months, a dissolution of marriage (divorce) can be filed in San Diego Superior Court.

Divorce can be a very painful and emotional process and involves many decisions that will affect your children, finances and property. Our practice focuses on providing competent and result-oriented legal help in all aspects of divorce, including:

• Custody/Visitation
• Child Support
• Spousal Support
• Property Division

How do I obtain child support?

In California, child support guidelines are used to calculate the amount of child support to be awarded as a result of a divorce and following paternity actions.

Although there are a number of factors, the primary factors are:

• The number of children involved;
• The percentage of time the children spend with each parent'
• The respective income of each party.

Parties often disagree on each other's stated income when it comes to figuring out child support obligations. It is imperative to ascertain your spouse's accurate income in order to collect the full child support amounts required by the state guidelines.

Our firm can help you investigate disputed incomes. For more information regarding child support, contact our firm for a no-charge consultation.

My boyfriend and I just broke up and I need to know, how do I get child support?

If you were never married, in order to obtain a child support order, you must first determine the parentage of your child. This is accomplished by filing a paternity action in the Family Court. At the same time, you can file a request for hearing to determine child support and obtain a child support order.

Parties often dispute the other party's income. Our firm can help you investigate disputed income. For more information, please contact us for a no-charge consultation.

I live in Nevada and I got divorced here. My former wife lives in San Diego, California with our children. I am not getting regular visitation and I would like to file a motion with the court. Where do I file?

If either party still resides in the state where the original orders were granted, all modifications must be filed in the originating state. In this instance, since you were divorced in Nevada and you still live there, you must file in Nevada.

Jurisdiction questions are the first step in determining your rights. If you have a question about where to file, please contact our office for a no-charge consultation and we assist you with filing in the correct jurisdiction.

I have not worked in many years because I stayed at home to raise our children. My husband told me he was going to file for divorce. How will I support myself?

Often, at the time of filing for dissolution (divorce) one party made need support from the other. Since you have the need for spousal support and, if you still have minor children, you may need child support, it will be necessary for you to file a request with the Family Court to set a hearing to determine spousal support and guideline child support. The court will then hold a hearing and interim support orders will be made.

Income of the parties is often disputed. Our firm can help you investigate under-stated claims of income, such as self-employment income, bonus income or stock income. For a no-charge consultation, please contact us.