Keeping your Home in a California Divorce

San Diego- Divorce can be a heart breaking event. Divorce is often made even worse, when one realizes  that they can no longer stay in the community home.  A home is a place that can become ingrained in a person and a family's entire identity. Its a place where pets are buried and positive memories are created. An ideal home is a place of safety and love. For children the potential loss of the home in which they grew up in can be particularly devastating.  A child in a divorcing home is often already being exposed to destruction of the family they know, for which there seems to be no cure. Then to make matters worse, they face the loss of their childhood home and the chance they may be forced out of their school district and into a whole new social scene. There are other options, one option is by agreement or through a San Diego Court order  allowing a parent to remain in the community home until the children have graduated high school and then the home can be sold with the equity be divided in accordance with California divorce property division law.

Delaying the Sale of the Community Residence

Under California Family law a custodial parent with an agreement from the other parent or with the Court's permission can remain in the home with the children until a certain date or specified event. The sale of the residence is put on hold until that date and when the property is sold the property division is pursuant to California family law.  Why would the Court order the sale of the community home not to occur until long after the divorce is finalized? 

Stability of the Children's Lives ( Best Interest)

The best interest of  a divorcing couples minor children is q common theme that is found in nearly every aspect of a San Diego divorce matter.The San Diego Family Court recognizes the negative impact that a divorce can have on minor child and will do its best to help mitigate the harm to the child.  The California courts recognize that stability in the child's life is extremely important and in certain cases the Judge may make orders allowing the sale of the residence to be postponed so as to provide the child or children with such stability. Some of factors the court will look at are, the age of the children, the proximity of the home to the children's school, the length of time the children have been in the home and the proximity of the home to the custodial parents work.  Depending on these and other factors, staying in the home until the children are 18 or out of high school may be a viable option. As with all family law matters, any issues and questions should be discussed with the best San Diego divorce attorney you can find.

 

Divorce agreement.

2014 Pfeiffer Law All Rights Reserved.

San Diego Child Custody Stipulation

San Diego- There is a saying that, "good fences make good neighbors", San Diego Divorce attorney Brent. J. Pfeiffer, believes that, " good child custody agreements make great parents:".

San Diego Child Custody Stipulations

A  San Diego child custody agreement can be created or modified at any time, as long as the custodial parents are in agreement, there is an active court case, the  San Diego family law judge signs off on the agreement and the child is a minor. A child custody stipulation (agreement), can be drawn up by your attorney prior to the filing of a motion for a child custody order or after the motion has been filed in the San Diego Family Law Court.

San Diego Family Court Services

Generally if San Diego child custody motion is requested a Request for Order (FL-300) will be filed and prior to the child custody hearing both parents will be ordered to attend San Diego Family Court Services, where they will be interviewed by an Family Court Services employee, who after meeting with both parents will create a proposed custody plan which will be mailed to your child custody attorney and the San Diego family law judge. The San Diego Family Court Services child custody plan is just a proposal which you can tell the Court either your in agreement with or why you are not in agreement. Often parties in a child custody dispute will have their attorney's write up a child custody stipulation that incorporates the terms of the Family Court Services proposal or a unique plan which is just as detailed.

Great Parents

Which brings us back to attorney Brent Pfeiffer's saying that, " a good child custody agreement makes great parents,". Much like fences a detailed custody agreement will outline the limits and boundaries of the shared custody agreement. A great child custody stipulation should leave no room for interpretation, it should provide both parents with clear guidelines as to when the children are exchanged, who has the children on what holidays, what the time share is and where and for how long the children will be with the parent. A great child custody attorney will help you anticipate any child custody issues and will address them in the custody agreement. These detailed fences in the child custody stipulation help make great parents because each parent should be able to know the rules and there should be no arguments between the custodial parents, because they agreed to the terms which are clear . San Diego Divorce attorney Brent Pfeiffer says that, " one of the most heart-breaking aspects in a child custody matter occurs when the children observe the parents fighting over child exchanges and other details of child custody. While the San Diego Court will admonish parents if the Courts becomes aware of  behavior the unfortunate truth is that it is common for custodial parents to argue over the terms of a poorly written child custody agreement."

A well written child custody agreement will also often  negate any need to return to San Diego Family Law court to clarify the terms of the child custody agreement.Often a detailed and well written San Diego child custody stipulation will make a difficult situation better and help make great parents.

A good parent knows what matters, a great parent does their best to make sure that what matters is protected and nurtured. Well written child custody agreements help make great parents.

 

Pfeiffer Law. All Rights Reserved.

2014 Pfeiffer Law All Rights Reserved.

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Summary Dissolution vs. Uncontested Divorce in San Diego

San Diego- A quick divorce on the cheap for many divorcing couples is the ideal outcome. While a Las Vegas style divorce is not practical or possible in California, there are ways the divorce process can be effective, fair and relatively cheap.  Enter the uncontested divorce and summary dissolution.

San Diego Uncontested Divorce

A uncontested divorce occurs when both divorcing individuals are able to reach a complete agreement regarding all the issues in a divorce. San Diego  divorce attorney Brent J. Pfeiffer notes  that " reaching a full agreement on all the issues can be extremely difficult, especially when one party is behaving in an unreasonable manner because they are angry, jealous or misinformed.". However in many cases both parties are able to resolve the common issues that a divorce raises, such as, child custody, child support, property division,, spousal support and assignment of debt. A San Diego divorce attorney can prepare, review and file your initial paperwork for divorce as well as your marital settlement agreement.

 

San Diego Summary Dissolution

A summary dissolution is quite often just the stuff of dreams. In order to qualify for a San Diego summary dissolution you must not only be in agreement on all the terms of the divorce, but you must also meet the exact requirements laid down by the San Diego Family Court. Pfeiffer Law will generally charge a flat fee to prepare and file a summary dissolution.

While a contested divorce may be very expensive an uncontested divorce or summary dissolution can be less stressful and easier on your pocketbook. San Diego divorce attorney Brent Pfeiffer offers a free initial consultation.

San Diego summary dissolution can help avoid conflict.

San Diego “One” Day Divorce

San Diego- On March 1, 2014 the San Diego Family Law Court started up a new divorce program for individuals who have filed for divorce in San Diego county, are not represented by attorney's and have no contested issues. There are of course further requirements, but it is great to see the San Diego Court system implementing new procedures to help make the divorce process move along as quickly and fairly as possible. NBC San Diego reporter Monica Garske quotes San Diego Presiding Judge  David Danielson " In a time when budget cuts are forcing Courts all over California to limit services to the public, judge from the San Diego Superior Court, court professionals and and the legal community are leading efforts to innovate improvements to the administration of Family Law."

Of course "one" day divorce does not mean you file and then  you are divorce that day. The California family law rules regarding 6 months waiting periord before a divorce can be finalized as well as other requirements still apply. Also because many divorces are contested many individuals will not be able to use this program.

In deciding to settle a divorce quickly one concern San Diego divorce attorney Brent J. Pfeiffer  has is that individuals who want to end a divorce quickly will often give up assets they are entitled to because they don't want to fight. In most California divorce cases once the divorce is final going back to modify a Marital Settlement agreement is impossible or very difficult.  Money spent on a divorce attorney will often pay itself back tenfold after the divorce is finalized.

Its great to see the San Diego Family Law court doing its best to help unrepresented litigants and trying to streamline a complicated and lengthy divorce process. To learn more about the San Diego Once Day divorce program click here.

San Diego Court

California Divorce and Fraud

San Diego- On March 4, 2014, Sacramento Bee reporter Denny Walsh reported on a very interesting story regarding one man's attempt to avoid paying  California Family law support and how his attempt to misuse the bankruptcy process backfired resulting in a 17 year criminal sentence which he blamed on his former wife. The story can be found by clicking here.

Attempts to conceal assets in a divorce proceeding and during custody/support proceedings can have serious consequences. The California family law Courts have a number of options which they can employ to deal with fraud or concealment and the consequences of failing to properly disclose assets can result in devastating consequences for the concealer.  If one is concerned about potential  financial exposure in a divorce or support proceeding then they should meet and discuss all options with the best San Diego Family law attorney they can find. Self help will often result in more harm.

If your thinking about lying to the Courts please read the story above.

 

San Diego Spousal Support

San Diego Divorce and the Indian Welfare Act

San Diego:  The natives peoples of the United States have a proud and tragic history.  The Indian Welfare Act (IWA) was passed by Congress in 1978, with the goal of protecting the integrity of the native peoples tribal culture and its most important asset, its children. Prior to the passage of the Indian Welfare Act there where numerous instances where children were adopted or educated  in non-native homes, which in many cases denied them them acess to their tribe, its people and culture. Many tribes viewed the placement of indian children in non-native homes as an intentional attack on the Native American culture.

Generally in the family law context, the Indian Welfare Act will only apply in cases of adoption, guardianship and foster placement. However there are instances where  IWA law may affect a San Diego divorce matter.

The Indian Welfare Act will often grant tribal courts legal jurisdiction over the adoption of a tribal member or placement into a foster home. However, there are instances where the California Family Law court will retain jurisdiction to make custody orders. Because the tribes are nations the laws in tribal courts are often different from that of California.

Local San Diego Tribes

Campo Kumeyaay Nation,

Barona Group of Capitan Grande Band of Mission Indians of the Barona Reservation

Viejas Group of Capitan Grande Band of Mission Indians.

Ewiiaapaayp Band of Kumeyaay Indians

Inaja and Cosmit Reservation

Jamul Indian Village of California

Los Coyotes Reservation

Manzanita Reservation

Pala Indian Reservation

Pauma and Yuima Reservation

Rincon Indian Reservation

San Pasqual Band of Diegueno Mission Indians of California

Sycuan Band of the Kumeyaay Nation

Viejas Band of Kumeyaay Indians

Native American Divorce

San Diego Child Support and an Income Withholding Order (FL-195)

San Diego:  Lets say you have filed your San Diego child support request at the appropriate California Family Law Courthouse.  You  then prepared the  proper paperwork and make your request according to the San Diego Courts local rules. You then argued the issue in front of the Court and you received a child support order for the benefit of your child. But how do you enforce that order?

Enter the California  FL-195, Income Withholding Order (IWO) .  An IWO can be effective tool in ensuring that your child receives their California ordered child support.  Once an IWO is properly prepared by your attorney it will be sent to the other parties employer who will be instructed to withhold child support and send the monies to the California State Disbursement  Unit, which will in turn send the money to you for the support of the child. Sounds easy right?

Preparing a Child Support IWO can actually be somewhat complicated and if not properly prepared it can be kicked back (rejected). Some reasons a Income Withholding Order might be kicked back  are:

  • The FL-195 tells the income/employer withholder to forward the payments to someone other than the State Disbursement unit.
  • Failing to properly complete the child support withholding order.
  • Failing to list a or the proper amount.
  • Failing to include the Court order if it is needed.

Obtaining and enforcing a San Diego child support order can be very difficult. Pfeiffer Law is an experienced Family law firm that understand what is on the line and is here to help.

San Diego Divorce

Military Divorce and Adultery

San Diego- Is one party’s martial indiscretions relevant in a San Diego military divorce?

California is a no-fault State

 As a California military, divorce lawyer Brent Pfeiffer, is often asked how the United States Armed Forces policy against adultery will play out in a California divorce proceedings. San Diego attorney Brent Pfeiffer notes that “ California is a no-fault divorce  and regarding dissolution issues where the State of California has jurisdiction, "cheating" generally will not be relevant to the division of debts and assets and awarding spousal support.  However, military pensions are under the control of the Federal government (DFAS) and potentially a situation could arise that could lead to a pension being divided in another state that has different rules regarding adultery.

Hurting them could hurt you.

 Furthermore, if a military member is disciplined by his/her command they will likely see a reduction in income both present and future. If you are a potential recipient of support from a military member  and your spouse is disciplined or terminated because of adultery, your support may be less as result of their reduced income

San Diego Military Divorce and proposed cuts to Military Pensions

San Diego- Recent proposed legislation regarding federal spending has many retired military members facing a reduction in the cost-of-living adjustment COLA. Market Watch recently wrote regarding the cuts and their potential impact on retired military members, their spouses, widows and former spouses. For San Diego divorce lawyer,  Brent J. Pfeiffer the changes are of great concern.  Mr. Pfeiffer who represents military member and/or their spouses understands the sacrifices that military members and their family's go through.  Qualifying for the 20 years of service and the accompanying pension calls for great sacrifice from the family.  Constant deployments and the stress of military services can take a serious toll on a military family which can often lead to a military divorce. Protecting a divorcing parties interest in a military pension and ensuring that each party receives their fair share of the community interest in that military pension is an important part of divorce attorney's job. Preparing an order that properly divides the pension and follows DFAS rules and preserves the cost-of-living adjustment is best done by an experienced San Diego Military Divorce attorney.

United State Navy Carrier