San Diego CA Divorce Lawyers

When your spouse won’t sign the papers, you may need the help of a qualified divorce lawyer in order to move the process along — and that means checking quite a few boxes. You already have good, legally sound reasons for wanting a divorce: check. You already have a lawyer in mind: check. You know you have a good case: check. You think the law is on your side, but don’t forget that your spouse probably thinks the same thing. These are the relevant California divorce laws that might affect your case.

• Eligibility Requirements. In order to legally divorce in the state of California, at least one of the two spouses must have maintained a residence there for at least six months before filing. Boiled down even more, you have to file for divorce in the county where you spent at least three of those six months.
  

• No-Fault. California is a no-fault state for divorce, which means neither spouse requires a “reason” for filing — although in some cases it might help move the process along more swiftly. Unfortunately for those whose marriages may have been affected by abuse or adultery, these are not legally sound reasons for determining child support, spousal support, or dividing property unfairly. You may feel like you have been wronged in some way, but legally it makes no difference whatsoever.
  

• Waiting Period. Although California is relatively liberal in its policies regarding divorce when compared to many other states, there is still a six-month waiting period after filing before the process can be finalized. If you meet the aforementioned requirements, you can file for divorce in the superior court of the county where you reside (a lawyer will help you do this). Paperwork for the divorce must also be presented to your spouse.
  

• Mediation or Trial. When spouses cannot agree on terms or divorce amicably, a third-party must help. A mediator is an option, but not all couples will agree to a process that does not involve principles mandated by law. In the latter case, spouses must present themselves in divorce court, where a judge will have the final say regarding all terms of a divorce.
  
• Summary Dissolution. This “simplified divorce” process allows qualifying couples to split more quickly. Neither will receive spousal support. Basic requirements stipulate that the applicants have few debts, little jointly-owned property, no children, and have not been married for more than five years. In other words, this is an option for people who have invested less in their partners than most spouses typically do.

Filing for divorce will result in stress. It’s inevitable. One of the questions you’ll have to answer when filing for divorce is exactly how you go about it: will you present the case for a no-fault divorce, or will you point the finger at your partner for contributing to the demise of your relationship? If you choose the latter, you might have a long road ahead. Choose the former, and it might be easier on both of you–but you might come away with fewer assets when all is said and done.

What if your partner won’t sign the divorce papers? Does it make any difference? Yes and no.

No one wants to endure drawn-out divorce proceedings, but that’s exactly what might happen if your partner refuses to sign the papers or disputes the hows and whys. If a partner won’t even respond to the divorce request, then matters can quickly become even messier.

Don’t worry: you can still get a divorce. The judge will likely handle it in one of two ways. The judge might proceed with an uncontested divorce, or perhaps allow you to file a default divorce. You’ll only be allowed an uncontested divorce if the divorce petition and response have both been properly filed. In this case, your spouse most likely refused to agree to and sign the final divorce papers, in which case the court may proceed with the divorce as though it was uncontested. This becomes more likely if your spouse fails to show up in court.

A default divorce may occur if your spouse doesn’t respond either to the initial request to file for divorce or the eventual terms of the divorce. Your spouse usually has a month to respond to your petition. If that doesn’t happen, then you may be allowed to file for a default divorce.

In such a case, you will be assigned a court date during which you must show up. The judge will hear the facts of the case–as you outline them–and then make a judgment based on the merit of your arguments.

This means there is no benefit to ignoring a partner who wants a divorce or refusing to sign divorce papers. A divorce will still occur. In fact, by refusing to be part of the process, your partner is actively giving up his or her rights to fight against a potentially damaging judgment.

About 95 percent of victims in cases of domestic violence are women, and these violent circumstances are present in as many as two-thirds of all marriages. Although these figures are shocking all by themselves, it’s even more shocking that the victim almost never leaves the spouse after the violence occurs. If you’re abused as a child, it increases the chances that you’ll perpetuate violence later in life.

That should make the question of whether or not you should divorce a spouse after a divorce or domestic abuse occur all the easier: of course!

There are a number of reasons that a person will decide to stay with a spouse after enduring violence. One of them is the legal system and its many faults. Some would describe it as a broken system, but there are many options and services available to those who need help.

No matter what you think, you need to act. The longer you wait, the worse the violence will become. There are shelters. There are pro bono lawyers who specialize in domestic violence. Call the police. Get yourself and your children to safety. That said, it’s a good idea to speak with a lawyer before you do. If the court doesn’t agree that you had ample reason to remove yourself or your kids from the home, then it might affect alimony later, your ability to return home, or your chances for child custody.

When you’ve escaped from that environment, you should consider filing criminal charges. Your lawyer will help you determine what a spouse might be charged with, whether it is assault and battery or sexual assault.

Court may help alleviate your situation, but it could take time before you might get court-mandated custody of your children, possession of assets, or a restraining order.

An attorney will help you collect your thoughts and write up an adequate list of facts in the case, from threats and accusations, to medical records, to the results of the violence. State and federal laws protect you from domestic violence, and you should use these protections to your benefit. Get to safety. Call a lawyer, and then the police. File for divorce. When all that is done and over with, you can finally move on with your life.

Right now, 40 to 50 percent of Americans who are getting married will get divorced. However, couples who are parents to special needs children have almost double the divorce rate percentage with 80 to 90 percent of marriages ending in divorce. While any divorce poses specific challenges, when dealing with a divorce with a special needs child, the focus should be on strategic long-term disability care planning to ensure a financial support for children who will need long-term services. Unlike other children who will one day outgrow their parents, special needs children will require assistance with basic life skills such as decision making, daily activity and self-care well into their own adulthood.

When negotiating during a divorce, it is important to take into consideration the child’s disability when making agreements. For example, children with Autism or Sensory Processing Disorder might not be able to handle transitioning from one house to another therefore only one parent might have physical custody rather than both. As always, all custody discussions should be handled with what is in the child’s best interest but in this case, what is the best long-term interest of the child. Also, agreements should clearly define responsibilities when it comes to physical therapy, tutoring, specialized medications and education.

Another unique aspect of divorce with specials needs children is that children aren’t always minors. In the event that the child is above the age of 18 and is disabled and not incapacitated, then they can issue what is called a General Durable Power of Attorney to one parent or both parents. They might also dictate who will be the Health Care Proxy to help make informed health care decisions. If the child who is over the age of 18 does not have the capacity to make informed decisions guardianships are a possibility. Guardianships are usually awards to one parent who will make decisions on what is best for the child.

Divisions of assets become tricky in these cases because when the child reaches a certain age because in order for the child to receive Medicaid and Social Security Benefits they must make below a certain income. This might seem contradictory because it is always the parents’ goal to make sure that their child will be financially secure in the future. It is recommended that assets that wish to be given to the child be put into a separate trust and appoint a trustee to use the funds at their discretion. This way the child can still qualify for things like Medicaid and Social Security Income. It is important to note that the trustee cannot be one of the parents.

If you are going through a divorce and have a child with special needs, contact one of our divorce attorneys to help you through this difficult process to ensure a successful financial future for yourself as well as for your child.

Posting on social media has become a daily or even hourly activity for a lot of people. While some users are conservative, others will share their personal lives with the masses, updating them on what they are doing, seeing, hearing, and so on. As you may know, social media can affect all aspects of your life. When you are going through a divorce, what you post o social media can affect the outcome of the case. It is important that you keep some things personal and refrain from giving your ex-spouse ammunition to use against you in divorce court.

How Can Social Media Negatively Affect your Divorce?

Social media can affect your divorce in a variety of ways, including:

• Uncovering Hidden Assets – While you ex-spouse may think they are slick hiding assets from you, they may not be slick enough to keep their single life off of social media. For example, if your ex-spouse is claiming that they cannot afford alimony payments, but is posting pictures on Facebook of their vacation at a 5-star resort or the brand new luxury car they just bought, the pictures can be used as evidence to show that they have more money than they are leading on.
• Dating Life – Dating can be tricky after a divorce. While one party might be making an effort to make the marriage work, the other might be out and about, going on dates with other people. If you decide to start dating during the separation process, it can create a bad optic. Your ex-spouse may be able to use pictures of your dating profile or from your social media accounts to put the fault on you. If your divorce becomes an “at-fault” divorce, it can have a significant outcome on the ruling of the divorce or the financial obligations of the divorce.
• New Job/Higher Income – When someone receives a new job or promotion, it is often celebrated by a post on Facebook or LinkedIn. Even if you do not log on to post a celebratory status, you may add the new job/position to your LinkedIn resume. A new job or a promotion may mean an increase in income, which can affect the amount of spousal support or child support you are ordered to pay. Additionally, if your new position requires regular traveling, it may have an impact on child custody rulings.
• Negative Comments – Sometimes, when someone grows angry with someone or something, they take to social media to air out their feelings. If you are going through a divorce, posting your feelings on social media or airing out your exes dirty laundry can have a negative impact on rulings like child custody. If you are creating a hostile environment, a judge may rule against you in a custody hearing. The reasoning behind this ruling is that judges try to place children in an environment where the children will have the best quality of life and avoid any hostility against the other spouse.

If you are going through a divorce, it is a wise decision to take a break from social media. If you are hiding something from your ex, make sure your mutual friends do not post it on social media either, as you may have blocked your ex-spouse but forgot about your mutual friends.