San Diego Family Laws: Family law in San Diego County governs different aspects of familial relationships, including adoption, child custody, child support, children’s rights, divorce law, emancipation, marriage law, pre-marital agreements and spousal support.
San Diego Divorce Laws & Resources
If you would like to learn more about California divorce laws, research the California Code on your own, or simply need a family law lawyer specializing in California divorce law at this time, you will find the resources you need by calling our toll free family law lawyer referral service at 800-723-1391.
California Family Law Courts:
Every county in California has its own Family Law Court in Superior Court, usually with some type of associated Family Court Services office which handles the administration of state law mandated mediation orientation, custody and visitation mediation and evaluations etc., as well as administration of whatever self-help clinics and other support programs which may be funded by the individual county.
There may be different local rules and forms for some Family Law proceedings in each county, so it is important to always check with the Family Court in the county where you file your divorce. That county will retain jurisdiction over your child custody and support matters, even if you move, until you make a formal request before the Court for a change of location (venue) to the new county where you reside, in or out of California.
There are many options when seeking family law legal assistance. In some cases a family law attorney is not needed and you may be able to file legal papers on your own. If that is the case, our family law referral service will direct you to local agencies where you can get free legal guidance on your family law case. However, in many cases a family law attorney is the best option and if this is your situation, our pre-screened family law attorneys will make a difference.
A San Diego family law attorney can help…
- Assess your legal situation. An experienced family law attorney can help you assess your legal situation and provide the following services:
- Help you sort through and present your personal goals for the division of assets, living arrangements and child support and custody issues.
- Either file, or help you file, the appropriate papers for a divorce in your state. If you are legally separated and your state permits, your attorney can help you seek a court ruling on alimony and child support.
- Advise you on potential problems relating to assets, shared debts, bankruptcy, alimony, custody, support, pensions, IRAs, 401ks, social security benefits, tax ramifications, possible abandonment issues (for example, when one spouse moves out of the family home), etc.
- Help determine if your soon-to-be spouse or soon-to-be ex has concealed assets.
- In other types of family legal matters, it is much safer to have an attorney:
- Draft a pre-nuptial agreement to protect your personal assets in the event of divorce or death.
- Help in the adoption of a child to protect against possible future claims from the birth mother, father or their relatives.
- Help you protect your rights in connection with artificial insemination, either as a donor or as a custodial parent.
- Protect your children’s rights to public education and benefits – including special education services.
- Defend against the termination of your parental rights or to obtain the termination of another’s parental rights.
- Provide legal coaching. If you are representing yourself, consider finding an attorney to act as your legal coach. For a modest sum, a lawyer experienced in family law can be both (1) a consultant--to help you understand the law applicable to your individual problem, give you the pluses and minuses of your situation, guide you through the correct legal customs and procedures in your community, customize your legal papers, and act as a sounding board, or (2) a representative --to later take over as circumstances arise.
- Use knowledge of local court customs and practices to your advantage. An experienced family lawyer knows the local court rules and procedures and the personal preferences and inclinations of the judges. Knowing this, the attorney will endeavor to maneuver your case before the judge who is most likely to give you a favorable ruling.
- Negotiate. If your family law matter involves negotiations, and negotiating is not your strong suit, get legal help. Negotiating complex issues on your own puts you at risk of agreeing to terms in which you give away too many rights or agree to conditions that are unenforceable.
- Represent you in court. If your family matter becomes complicated or contentious and now needs to be resolved by a judge, a family law attorney is critical, especially if the other side has one. A lawyer’s trial experience and guidance can make a big difference in how your case is presented and ultimately decided.
Choose the Right San Diego Attorney
Approximately half of all people who get married will end up getting divorced. A divorce can be a stressful and traumatic experience for men, women, children and for members of the extended family who are also impacted by the break up of a marriage.
Having the right attorney can alleviate some of the emotional sting and reduce some of the stress which are integral parts of the divorce process. Conversely, having the wrong kind of legal representation, can make an already painful experience significantly worse for you and for your loved ones.
1. Select an attorney who specializes in family law.
If you choose this kind of lawyer, it is likely that his or her office is set up to deal with the forms and paper work which are part of the divorce process. A law office which is automated to deal with divorces will streamline the experience and save you time, money and stress.
2. Decide if you are more comfortable with a male or female attorney.
This is a personal choice, but I believe it is an important one for a person who is about to end his or her marriage.
3. Interview three or four lawyers and decide who seems most competent and determine who you feel most comfortable with.
Bring a list of questions to your initial consultation and get a sense of the lawyer's knowledge and his or her communication style. Check out their websites before you meet with them. This should give you a sense as to what their practice is like. You may also want to visit www.martindale.com to get some more background information on lawyers and law firms.
4. Choose an attorney who has practiced in the county where your case will be heard.
You want a lawyer who knows the judges and the opposing attorney. If your attorney has a good relationship with the other players, you can benefit from their ability to work together.
5. Determine if you are more comfortable with a law firm or with an individual practitioner.
There are pros can cons to both.
6. Find an attorney who tries to settle things, but who is not reluctant to fight for you if things get nasty.
7. Talk to people who have been divorced.
See who they recommend. It is unlikely that you will find someone who thoroughly enjoyed the experience. However, you probably will find someone who feels that their case was handled in an effective and a pleasant manner. This is the kind of representation you want when you are dissolving your marriage.
8. Negotiate with your lawyer and see if he or she will handle the entire process for a flat fee.
Some lawyers will work in this manner.
9. Don't spend money on battles that you cannot win, just to get back at your spouse.
10. If you feel you have made a mistake and hired the wrong lawyer, don't be afraid to switch attorneys.
This can be cumbersome, but sometimes it is in your best interest to change counsel, if you are not getting along well and if the process is going poorly.
Pre-Screened San Diego Family Law Attorneys
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