San Diego divorce lawyer discusses the merits of legal separation part 3
San Diego divorce lawyer discusses the merits of legal separation part 2
To continue with the concept of legal separation, which was discussed in my last blog, I will now discuss the financial benefits of legal separation versus divorce.
While I previously discussed the emotional aspects of choosing legal separation instead of divorce, there may also be financial reasons to choose a legal separation over divorce. For example, as a divorce lawyer in San Diego, I have had clients where the non-employee spouse has a pre-existing health condition or for some other reason will not be able to get medical insurance. There are some plans that allow you to keep a separated spouse on the employee spouse’s health insurance.
Additionally, certain Social Security benefits require spouses to be married for ten years. If a divorce judgment occurs before this ten year mark, then a spouse would not be eligible for these benefits. Therefore, legal separation is a good option so the couple can remain legally married until the deadline.
When there is a spouse who is in the military, choosing legal separation rather than divorce can help the couple remain legally married until the ten-year deadline for military pension enforcement advantages or the twenty-year deadline for PX and commissary benefits.
To inquire further about more specifics of legal separation, consult with 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. www.brianvictorlaw.com
San Diego divorce lawyer discusses the merits of legal separation part 1
Is legal separation a better option than divorce? Have you been considering divorcing, but you aren’t sure it is exactly what you want to do?
While no attorney can tell you whether you should divorce or not, they can point out options for you to consider. In California, it takes a minimum of six months to get divorced. Therefore, legal separation is an alternative to consider before filing divorce papers. As a divorce lawyer in San Diego, I point out options to my clients so that they understand the possible consequences of the decisions they may make.
If the parties aren’t sure they want to divorce, but they feel some space is needed to think things through, filing for legal separation is a good option. It is an option that keeps the door open for reconciliation.
Additionally, if the parties have children then a legal separation may be an easier option for the children. It could provide less stress on them since the separation may be for a short period of time rather than forever as a divorce signals. Legal separation can allow the parties a break to work out their differences and may help so that divorce does not become the next option.
To inquire further about more specifics of legal separation, consult with 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. www.brianvictorlaw.com
San Diego divorce lawyer discusses marriage settlement agreements(MSA) in divorce matters
In California, a settlement agreement for a divorce is called a Marriage Settlement Agreement or MSA. This is a written agreement between both parties that have decided to end their marriage. Generally, this agreement accompanies the filing of a judgment for divorce with the court. A marriage settlement agreement is also generally produced after a couple participates in divorce mediation and reaches an agreement.
A marriage settlement agreement specifically states the terms of the relationship after the marriage is dissolved. These agreements can be a detailed as the parties prefer. The more detailed they are, the easier they are to interpret by a judge. Marriage settlement agreements include how property acquired before and during the marriage is to be divided as well as the ownership of a business that either party owns. It also sets forth a custody parenting plan to determine when the children spend time with both parents.
Additionally, the marriage settlement agreement includes additional financial arrangements between the parties. A marriage settlement agreement should list all of the couple’s assets and debts and other types of property and how they are to be divided.
To inquire further about more specifics of marriage settlement agreements, consult with 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. www.brianvictorlaw.com
San Diego divorce lawyer discusses how to determine if summary dissolution is right for your divorce
In California, when you file for divorce you are required to file a petition and a summons with the court and serve the opposing party. The next steps vary in most cases depending upon the assets, debts, and property a couple has and the child custody issues involved in the matter. It can be a long process that many couples may be able to avoid.
As a San Diego divorce lawyer, I am going to explain the basics of the process known as summary dissolution. Summary dissolution may obtained when a couple does not have children, have been married for five years or less, do not own much property, do not owe much debt, agree on how their assets and debts will be divided upon divorce, and neither party wants spousal support from the other.
As a family law attorney in San Diego, I have helped clients file for summary dissolution. Summary dissolution is an easier and quicker process than the regular divorce situation and only requires the filing of several documents, the payment of a required court fee, and waiting the appropriate six months to be divorced.
To determine if you qualify for the summary dissolution process, consult with 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. www.brianvictorlaw.com
Foothills Bar
FOOTHILLS BAR ASSOCIATION
FAMILY LAW SECTION MEETING
Tuesday, January 21, 2014
12:00 pm – 1:15 pm
LOCATION:
East County Court House – Department 7
250 East Main Street, El Cajon, CA 92020
TOPIC:
“Understanding Child Welfare Services (formerly CPS): From Investigation to Litigation”
SPEAKER:
Brian Victor
Attorney
COSTS:
*Free for Members of Foothills Bar Association
*$10.00 for Non-Members or Guests.
This presentation qualifies for one unit (one credit hour) toward
California Mandatory Continuing Legal Education
San Diego divorce lawyer discusses holidays and co-parenting
As the holidays approach many issues arise for divorced couples. One of the biggest problems to deal with is deciding where their children will be spending the holidays.
When there is a court order it usually dictates which parent the children spend time with during the holidays. The problem is a court order is only as good as the people following it.
As a divorce lawyer in San Diego, too many times I have seen a parent who does not agree with the court order try to dictate a different holiday plan. This not only makes it difficult for the other parent, but it makes it stressful for the children involved.
The holidays are a time when there should be joy and happiness. When issues arise between parents who have problems co-parenting it makes the holidays unhappy for children who are put in the middle of their parents’ issues.
As I have said many times before, a co-parenting class can help parents who are incapable of working together to focus on the best interests of their children. Thinking about what your children want can make a happy holiday time for all involved.
San Diego divorce lawyer discusses co-parenting
In custody and divorce cases, all too often one parent is attempting to be a friend to their child while the other parent comes across as the heavy who has to make rules the child does not like. Unfortunately, this approach backfires far too often and the child rebels.
As a divorce lawyer in San Diego, I help my clients understand this process and instill in them the importance of working with the other parent rather than working against them. Often, however, it is the other parent who refuses to co-parent with my client. When that occurs and the parents have reached an impasse in working together I suggest for the parents to go to a co-parenting class to learn how to work together.
When there are co-parenting issues, it is important for lawyers involved in custody disputes to work with each other to help their own clients realize the danger to their children should they continue to be unable to co-parent. The attorneys should attempt to help end this cycle of dysfunction rather than continue to promote it.
It is in the child’s best interest when their parents can work together and help make rules that they both will support and enforce. In my experience as a licensed marriage family therapist and a San Diego divorce and custody lawyer, I have seen firsthand that children benefit when their parents are able to set and follow rules and work together to ensure that their child is happy.
San Diego divorce lawyer discusses music and co-parenting
What happens when your son or daughter likes music that you don’t approve of? While there are warning labels on music, does that really stop your children from purchasing or listening to it?
Although children are investigative and like to learn for themselves, it helps when they have parents who are available to listen to them and can help teach them.
As a San Diego divorce lawyer, I see too often parents who are unable to communicate with each other. Unfortunately, when parents cannot communicate with each other it is extremely difficult if not impossible for them to agree to rules for their children to follow. This happens too often when there are custody disputes. It is difficult for parents who are involved in the divorce and child custody process to set aside their differences and focus on the needs of their children.
I hear many parents upset about the type of music that is available for children to listen to. Music is an area where rules should be set and agreed to so that parents can ensure that their children are listening to age appropriate songs.
As a divorce lawyer in San Diego, I discuss these issues with my clients so they understand the importance of co-parenting.
San Diego divorce lawyer discusses Halloween and co-parenting
Halloween, that fun time of the year for kids to dress up and spend time with their friends and get candy. They can go to parties and forget about the real world and school for one night. Trick-or-treating is fun for kids although it may be scary with the ghosts and goblins.
Unfortunately, it can also be scary when parents do not get along and do not agree about what costume their children should wear and at whose home they should trick-or-treat. As a San Diego divorce lawyer, I see these issues far too often.
Many times there are court orders in place that determine which parent the children are supposed to be with for Halloween in a certain year. Even so, conflicts can arise between parents who do not communicate with each other and cannot co-parent with each other, which can cause conflict among the children and ruin the one night a year that is made for children.
As a divorce and custody lawyer in San Diego, I inform my clients to discuss their Halloween plans with the other parent well in advance of Halloween so their children can enjoy this fun night without having to worry about their parents fighting with each other.
It is important that parents think about what their actions are doing to their children and allow them to have a fun Halloween.