Contact Us









Top 10 Family Attorneys
FamLawIconFinal

Testimonial – Client, Tess B.

“From the moment that I filed for divorce and child custody, I had 100% confidence in Brian. Each step of the way he kept me informed and prepared. I found his knowledge and background with divorce and child custody to be more than comforting. He was prompt in all responses or concerns that I had as well. I will most definitely refer a friend to him for his services and I would hire him again in a heartbeat should that ever be necessary. Thanks Brian!" Read more

Who pays for college when I get divorced? Part 1

In this blog post, I am going to discuss a big question I get asked a lot. “Who pays for college when I get divorced?” This is a concept I hear a lot about, but there is not much information available on this topic. In fact, this is a big issue when clients come to me with children in high school or having just graduated high school.

As always remember the information provided in this blog is to inform rather than to provide legal advice.

First, I will discuss the steps when there is an agreement regarding paying for a child’s college tuition during a divorce. Next, I will discuss what happens when there is not an agreement to pay for a child’s college tuition during the divorce process. Attempting as best I can to answer the question, Who pays for college when I get divorced?

For example, let’s say you have a child who is working hard in high school and plans to attend college. How is it determined who will pay for their college education when their parents are in the middle of getting divorced?

One of the most important things to do is to discuss this upcoming situation in advance of a divorce proceeding to get an idea of both parents’ perspectives towards their belief of who is going to pay for college when I get divorced. Will it be the responsibility of one parent or will both parents share that responsibility the best they can?

Of course, as an attorney, I tell all my clients to make sure that whatever they discuss is put in writing so that at least there is some evidence of an agreement going forward.
The next step in this process is trying to determine what happens when there is an agreement regarding who will be responsible for paying for the children’s college tuition.

Generally speaking, at least in the state of California, Family Court only has jurisdiction over a child until they turn 18 years old or if they will be graduating high school at the age of 19. This means, generally Family Court will not be able to make orders regarding a child once the child has graduated high school. Also, they do not generally make orders about who is going to pay for a child’s college tuition unless the parents have agreed to a plan.

This means, that it is extremely important for parents to put a condition into their Marriage Settlement Agreement otherwise known as (MSA) as to who is going to pay for college, what expenses will be paid for, how this payment will be made, and any other particulars regarding their child’s college attendance. This will require a fairly in-depth conversation and perhaps consultation with their attorneys.

Obviously, an agreement for college tuition relies upon finances and the availability to pay. Because finances can be volatile especially when going through the divorce process, it may be beneficial for parents to set money aside that will specifically be used for the children’s college expenses. This is a good way to help answer the question, Who will pay for college when I get divorced?

This is a topic that should be discussed in much more detail with a family law attorney who can provide detailed information regarding your specific situation.
In my next blog post, I will discuss the topic of paying college expenses especially when there is no agreement for payment.

To inquire further about your family law matter look for a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego contact the Law Offices of Brian A. Victor for more information on your specific family law situation www.brianvictorlaw.com

YouTube video: how to move forward with a divorce

In this YouTube episode, San Diego Divorce and child custody attorney, Brian A. Victor discusses the process of moving forward with a divorce or child custody case.

Listen to Attorney Victor as he provides insight into the necessary information that can help a client understand if they are ready for moving forward with a divorce or child custody matter. Also, discussed in this podcast is information about the court process and how it relates to a client moving forward with a divorce or child custody matter.

Attorney Brian A. Victor has experience both in the field of psychology as well as divorce and child custody in San Diego. He worked at Family Court Services in San Diego where he created and recommended to family court judges parenting plans for parents unable to reach agreement on a child custody plan.

Remember to subscribe to Attorney Victor’s podcast on YouTube so as not to miss any important discussions regarding divorce and child custody.

Watch YouTube episode: Moving Forward With A Divorce

For more information regarding Attorney Brian A. Victor

Moving forward with a divorce ITunes podcast

In this podcast episode, San Diego Divorce and child custody attorney, Brian A. Victor discusses the process of moving forward with a divorce or child custody case.

Listen to Attorney Victor as he provides insight into the necessary information that can help a client understand if they are ready for moving forward with a divorce or child custody matter. Also, discussed in this podcast is information about the court process and how it relates to a client moving forward with a divorce or child custody matter.

Attorney Brian A. Victor has experience both in the field of psychology as well as divorce and child custody in San Diego. He worked at Family Court Services in San Diego where he created and recommended to family court judges parenting plans for parents unable to reach agreement on a child custody plan.

Remember to subscribe to Attorney Victor’s podcast on iTunes so as not to miss any important discussions regarding divorce and child custody.

Listen to ITunes Podcast Moving Forward With A Divorce

For more information regarding Attorney Brian A. Victor

San Diego Divorce Attorney Brian A. Victor Named to the 2018 Super Lawyers California Rising Stars list.

March 19, 2018
San Diego Divorce Attorney Brian A. Victor Named to the 2018 Super Lawyers California Rising Stars list.

We are pleased to announce that San Diego Divorce Attorney Brian A. Victor, of the Law Offices of Brian A. Victor, has been selected to the 2018 Super Lawyers California Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of attorneys in the state. This is Attorney Victor’s 4th time being selected to this exclusive list. He has been named to the Super Lawyers California Rising Stars List from 2015-2018.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.
The annual selections are made using a patented multi-phase process that includes:
Peer nominations
Independent research by Super Lawyers
Evaluations from a highly credentialed panel of attorneys

The objective of Super Lawyers is to create a credible, comprehensive and diverse listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel.

The Super Lawyers and Rising Stars lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country, as well as the Minnesota Super Lawyers Digital Magazine.

Please join us in congratulating San Diego Divorce Attorney Brian A. Victor on his selection.

For more information regarding San Diego Divorce Attorney Brian A. Victor

Attorney Brian Victor Podcast Episode 18: Preparing for Divorce Podcast on YouTube

Preparing for divorce? San Diego divorce and child custody lawyer Brian A. Victor discusses the topic of preparing for divorce in this podcast episode featured on YouTube. He specifically details the concerns that should be focused on when preparing for divorce and what items an attorney may need from you before you can begin preparing for divorce in court.  Other considerations are discussed regarding decisions to be made when preparing for divorce.

Attorney Brian A. Victor discusses divorce and child custody issues. He brings more than 11 years experience recommending parenting plans to judges while working at Family Court Services in San Diego.

Attorney Brian A. Victor is a family law attorney in San Diego, California. He accepts cases ranging from divorce, child custody, child support, spousal support, and guardianship. discusses what is necessary for improving ineffective co-parenting skills. Also, discussed is the use of co-parenting classes whether court-ordered or not and how they can benefit you when improving ineffective co-parenting skills.

Preparing for divorce can be difficult especially when you do not know what you will need to present your case to court. Attorneys will ask for many important documents and it is important to be ready with these documents when you first meet with your attorney. Also, your attorney will prepare additional documents to present to the judge so be sure to discuss with your attorney what they require from you so you can be best prepared.

This YouTube Podcast is presented as information only and not to be considered as legal advice.

For additional information contact the Law Offices of Brian A. Victor at www.brianvictorlaw.com

 

To listen to this podcast go to Attorney Brian A. Victor YouTube Podcast

Preparing for divorce

Happy New Year and welcome to the first blog of 2018. In this blog I am going to be talking about the best ways for preparing for divorce.

I found that as the new year begins people contemplate what is right and what may not be quite so positive in their lives. One big area people look at is their marriage. They begin to assess what they enjoy about being with their spouse and what needs some work. The holidays provide a great precursor to this reflection as that is usually time that spouses spend together and with their family. Too often I have heard people come into my office and tell me that the holidays that just ended were the breaking point of the marriage. People realize at that point their relationship is over and they have now decided to do something about that.

When prospective clients come to me they usually have spent time reflecting on their decision to get divorced and have either contemplated or attempted counseling, but to no avail. I have yet to have one person come to me and say I woke up this morning and made the decision to get divorced. If this did happen, I would tell them that they should think about this decision and think about the possible repercussions before coming back to me to begin the divorce process.

Helpful List to Begin a Divorce

I am often asked by prospective clients what I need to help prepare to file their divorce matter. The answer of course varies from case to case. I am going to provide a basic list of helpful items people can prepare when talking to their attorney about beginning their divorce matter. One of the most important things that is helpful for an attorney is for a prospective client to have a history of their situation. This of course includes date of marriage, date of separation (if the parties are separated), A list of concerns or complaints regarding the situation, children’s names and dates of birth and the history regarding their parenting time with their children. Other important items to have available include; a list of their assets and debts, when these assets and debts were acquired and how much they were acquired for.

Of course, there is additional information needed to begin a divorce case, but the items previously mentioned provide a good starting point. Be sure to check with your attorney as to additional items required for your matter. Please remember that the information provided in this blog is not to be considered legal advice, but rather general insight.

Should you have questions regarding your own legal matter, you should consult with a local attorney to discuss your specific situation with them. In San Diego contact

Law Offices of Brian A. Victor for more information on your specific family law situation www.brianvictorlaw.com

best divorce preparation

I often get asked when meeting with a client for the first time what is the best divorce preparation information I can provide them. In my work as a San Diego divorce lawyer, I have found that understandably people do not have much clarity about their situation when they come to see me. In fact, they usually come with a notebook full of questions to help them clarify their situation.

By the time clients come to see me, they have made the conscious decision to get divorced. Generally, this decision has been made for quite a while, but it took something to give them the extra push to meet with a divorce attorney. When a client initially comes to see me they are usually well aware of my background and the fact that not only that I worked for Family Court for nearly 12 years, but I am a licensed marriage family therapist as well. They know that I understand how complex and stressful the divorce process can be.

What I have found however, when talking to a client for the first time, is that they usually have a complex history with their soon to be ex-spouse and have a hard time providing me the necessary information to get started on their divorce matter. What I mean by that is although they understand what has gone on in their marriage and can provide a history to me regarding the facts, they are unable to do so in a concise and accurate way, which is usually required for court.

As a San Diego divorce lawyer, it is my job to gather the client’s important history and provide it to the court in and easy to follow chronological history so that the judge can understand the important facts, rather than all of the facts.

Some of the best divorce preparation information I can provide to my clients is to teach them how to write down important facts versus needless facts. Their job is to tell me what happened in the situation and what they want the court to do about it. My job then is to take this information and draft it in a coherent way so the judge can understand exactly what it is my client wants.

I find it to be important to discuss with my clients what I determine to be the best divorce preparation insight they can use moving forward with their case so that I can better represent them in court. This tends to make my job easier, which in return makes it less expensive for them since by providing a coherent and concise history to me it takes me less time to draft essential paperwork that is necessary in their divorce matter.

Please remember that the information provided in this blog is not to be considered legal advice, but rather general insight.

Should you have questions regarding your own legal matter, you should consult with a local attorney to discuss your specific situation with them. In San Diego contact

Law Offices of Brian A. Victor for more information on your specific family law situation www.divorcelawsd.com

improving ineffective co-parenting skills

For this blog post I am going to continue to discuss the topic of co-parenting and what one can do to improve ineffective co-parenting skills.

In my last blog I discussed inappropriate co-parenting and the pitfalls associated with it especially as it relates to children of divorce and custody. For this blog post I am going to take this question one step further and talk about how to resolve the issue of ineffective co-parenting so that it does not negatively affect your children, but rather how positive co-parenting may help your children.

All too often, people grow accustomed to and even accept inappropriate styles of communication. What I mean by that is people learn how to communicate with others by what they have seen modeled before them whether it be in their relationship with their parents or in their relationship with a significant other. If the styles of communication they learn is ineffective it can affect their ability to communicate and in turn co-parent as they get older.

While you are probably not able to change the behavior of your parents on your own, you can understand when a change needs to be made in your own co-parenting behavior. Recognizing there is a problem in your own skills of co-parenting is the first step for making positive change. Hopefully, this change can come prior to negatively affecting a marriage or dating relationship.

Too often, however, ineffective co-parenting skills negatively affect one’s marriage or dating relationship to the point that it is too late to save. Unfortunately, this can also negatively affect one’s children in the process.

As I just stated, recognizing you have a problem with your co-parenting skills is the first step for resolving the issue. The next step is to find a professional who can help you improve your co-parenting ability. There are many co-parenting classes available to help those who are involved in a divorce or custody dispute. Many of these classes are court ordered and your particular court should be able to refer you to an appropriate co-parenting class.

Some of these classes are given online while others are taught in person. Understanding what your court allows as well as what style of learning works best for you is something to consider before enrolling in a co-parenting program.

If you have not been court ordered to take a co-parenting class you can still enroll in one and should especially if you see there is a problem or have been told there is a problem in your co-parenting ability. Solving a problem before it affects others is a great thing to do and can save lots of money, time, and emotion.

Finally, once you have completed a co-parenting program it is of the utmost importance to begin displaying the behaviors you were taught in order to minimize co-parenting issues and maximize your ability to positively affect your children.

As always please remember the information provided in this blog is to inform rather than to provide legal advice and should not be taken as legal advice.

To inquire further about your family law matter look for a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego, contact the Law Offices of Brian A. Victor for more information on your specific family law situation www.divorcelawsd.com

Attorney Brian Victor Podcast Episode 16: Co-parenting With An Unwilling Co-parent on YouTube

San Diego divorce and child custody lawyer Brian A. Victor discusses how co-parenting can work with an unwilling co-parenting parent in this podcast episode featured on YouTube. Other considerations are discussed regarding their effect on the child custody parenting plan. It is extremely important to understand how to co-parent effectively and how poor co-parenting skills negatively affect children. Co-parenting classes should be taken to help improve ineffective co-parenting skills. 

Attorney Brian A. Victor discusses divorce and child custody issues. He brings more than 11 years experience recommending parenting plans to judges while working at Family Court Services in San Diego.

This is the 16th podcast episode by Attorney Brian A. Victor. In this particular podcast episode there is a discussion of how co-parenting can work with an unwilling co-parenting parent when creating a child custody parenting plan. Attorney Victor discusses child custody, divorce, co-parenting and other pertinent topics related to family law in his podcast episodes. Most people have questions about family law; divorce and the child custody parenting plan in particular. Attorney Brian A. Victor focuses on his experience when discussing these issues. 

These podcasts are not meant to provide legal advice, but rather general information and should not be relied on for legal advice.

To listen to this podcast go to Attorney Brian A. Victor YouTube Podcast

Co-parenting with an unwilling co-parenting parent

I’ve spoken on the issue of co-parenting a multitude of times in my previous blogs. The big reason for this is the overwhelming importance of co-parenting in a divorce or child custody situation.

In fact, co-parenting is one of the biggest issues that is discussed when I first meet with prospective clients. I hear time and time again how the other parent is unwilling to work with the individual sitting in front of me and how it has harmed their child in various ways.

Therefore, I am going to discuss some of the pitfalls associated with bad co-parenting skills as well as how to best resolve the situation when co-parenting is lacking.

First, co-parenting has been an issue with couples divorcing and or ending a dating relationship when children are involved most likely as long as there has been divorce. One reason for this is due to people’s inability to communicate and work well together being a major factor for couples divorcing.

Communication is a big key for making a relationship be successful. It is unfortunate when people are on able to communicate among themselves to make a relationship last and even more unfortunate when there are children involved.

A major pitfall to effective co-parenting is when there is resentment among the parents. Unfortunately, I saw this occur far too often when I worked for Family Court Services in San Diego recommending parenting plans to family court judges. Much too often, I would have the couple before me complaining about each other rather than focusing on even one positive aspect as to why they decided to have children together.

What parents fail to realize too often is the second pitfall of ineffective co-parenting, which is children are aware of this resentment. This turns a lack of co-parenting into an issue the children have to deal with. This can affect the children’s school performance, emotional health, and if left untreated could begin to affect them physically.

Another pitfall of ineffective co-parenting is when parents make negative comments about each other in front of their children. This teaches children that it is okay to say bad things about other people because they see their parents whom they love exhibiting this behavior. What parents fail to realize is that they are displaying negative behaviors as a result of their lack of co-parenting skills.

Again, bad parenting skills can negatively affect children as they may not learn how to appropriately speak to others, especially those of who they are in a relationship with. Additionally, I can’t tell you how many times when interviewing children I have heard the disgust they feel for the parent who speaks negatively about their other parent. If this doesn’t make you sad, it should because this is something children deal with when their parents display ineffective co-parenting skills in front of them.

I will discuss how to turn negative co-parenting skills into more appropriate co-parenting skills in my next blog.

As always remember the information provided in this blog is to inform rather than to provide legal advice.

To inquire further about your family law matter look for a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego, contact the Law Offices of Brian A. Victor for more information on your specific family law situation. www.brianvictorlaw.com