Articles Posted in Divorce

The Law Offices of Doppelt and Forney, APLC are here to help you in your divorce, legal separation or paternity case. We offer legal research, child support and spousal support calculations, preparation of forms and much more. Call us today to schedule a free consultation with one of our experienced attorneys. With over 50 years combined experience, you can count on us to aggressively fight for your best interest and protect your rights as a spouse or parent.

A new law in California just passed that changes how pet custody is handled in divorce cases.

Previously, in the eyes of the court, pets were considered “property” when it comes to splitting up assets in a divorce and the ownership of the pet was argued in this way.

Do you need legal representation for your family law case in San Diego County? We specialize in divorce, child custody and visitation, child support, legal separation and more. From negotiations to court appearances, we are here to help every step of the way. Call The Law Offices of Doppelt and Forney, APLC today to schedule your free consultation with one of our experienced lawyers. With over 50 years combined experience, you can count on us to protect your rights as a spouse or parent and help you achieve your legal goals.

Millennials have been blamed for killing off a lot of things. From postcards, top sheets, to bar soap, millennial trends have affected how many companies do business. But now, are millennials killing divorce?

According to University of Maryland professor Philip Cohen, from 2008 to 2016, the U.S. divorce rate dropped by 18 percent.

The San Diego Divorce attorneys at The Law Offices of Doppelt and Forney, APLC can help you through your divorce, legal separation or paternity case. Contact us today to schedule a free consultation with one of our experienced lawyers.

An unfair reality –children of divorce are more likely to divorce as adults. Until recently, it was believed this was due completely to nurture, not nature.

The case for nurture: Children of divorce learn relationship skills and conflict management skills from their parents. Children who grow up with parents who do not handle conflict well are more likely to repeat that same behavior as adults. Divorcing parents also affect how their children feel about commitment. Even in early relationships, these children tend to have less positive views on marriage, a lower level of commitment to their partner and a much more pessimistic view about their relationship compared to a child in a two-parent home.

Don’t go through your divorce, legal separation or paternity case alone. Call the San Diego divorce lawyers at The Law Offices of Doppelt and Forney, APLC. We are here to help you through this difficult time. Contact us today to set up a free consultation with one of our experienced lawyers.

It is not uncommon for people in family court to represent themselves, but there are risks that come with self-representation.

People who divorce without the expertise of an attorney may put themselves at greater risk for mistakes, delays and added stress. The biggest risk would, of course, be losing your case.

Trust the San Diego divorce lawyers at The Law Office of Doppelt and Forney, APLC to handle your divorce, legal separation or paternity case. At Doppelt and Forney, our lawyers are constantly learning and adapting to stay ahead of the curve and bring you an unmatched level of expertise.

Rushing to get a divorce? That’s the case for many local San Diego residents, working to quickly finalize their divorce by December 31st, 2018 in lieu of the new tax laws affecting spousal support.

Starting January 1st, 2019, new federal tax laws will eliminate the spousal support deduction. By divorcing in 2018, spousal support payers will be able to annually deduct the money from their taxable income, which may mean thousands of dollars in tax savings for high-income earners.

Call the San Diego divorce lawyers at The Law Offices of Doppelt & Forney to help you through your divorce, legal separation or paternity case. With over 50 years combined experience in California family law, you can trust us to protect your rights.

Is Fortnite a cause for divorce? According to a study by Divorce Online, the answer is yes.

By now, we’ve all heard of the popular video game, Fortnite. In just one year, Fortnite exploded to 125 million registered players, and it’s not only kids and teens that play. In fact, almost 75% of all gamers are over 18 years old. While Fortnite is a fun hobby for most, for a small percentage of gamers, gaming addiction is a real issue that can potentially be a cause of divorce. In a recent study, 38% of Fortnite gamers play for 11 or more hours a week.

While all family law cases are unique, many fact patterns are similar. Attorneys who practice in divorce, paternity and legal separation encounter similar fact patterns which have similar questions. An attorney should always be consulted for any divorce, legal separation or paternity case no matter whether the issues are just child legal and physical custody or alimony and child support and division of debts and assets or all of these together. The more issues, often, the more complex the case can be. These are a list of some of the frequently asked questions a San Diego family law attorney can be asked in a consultation. A free consultation is a very good way to obtain accurate information as well as realistic expectations.

CAN I FILE FOR DIVORCE OR LEGAL SEPARATION IN SAN DIEGO COUNTY?

Always, there is an issue regarding jurisdiction of where the case should be filed. To file for a legal separation or divorce in San Diego, either you or your spouse must have been a resident of the State of California for at least six months and a resident of San Diego County for at least three months prior to the filing of the petition and summons. This does not mean, however, that all issues would be heard in San Diego. For example, if you have minor children, the jurisdiction for custody and visitation orders would be where the children have lived for the last six months. It is possible to be legally able to file your family law case in San Diego however not have the requisite jurisdiction for any orders [absent emergency] for legal and/or physical custody per the Uniform Child Custody Jurisdictional Enforcement Act. An individual analysis of the case must be made to determine where the family law action should be filed. Sometimes, when concurrent cases in different states, the Judges have a UCCJEA Conference Call to determine where the proper venue is for the case. Also, as is common in San Diego Military Families, one spouse may be on deployment for more than six months however they could still be considered residents of San Diego County depending on the documentation.

The chances are that you are good at the job you do. Whether you are a plumber or a podiatrist, a kindergarten teacher or a chemical engineer, it is reasonably likely that there are things about your job and your industry that are well within your personal sphere of knowledge that would be outside that of the average “person on the street” who hasn’t done your job. The same is true for the law — all types of law. While family law matters may seem more manageable as a layperson than, say, patent law or international business transactions, thinking that there isn’t a cost to be paid when you forego counsel can very often be dangerous. In one recent case, a father managed, as a result of the way he mishandled his appeals case, to block the First District Court of Appeal from reviewing either his divorce judgment or his post-judgment child support case.

Continue reading

A helpful way to reduce the length of a divorce proceeding is for the parties to agree on and stipulate to some of the significant issues to be resolved. Such a stipulation may address matters such as property division, spousal support, and child support, among many other items. While it is not always possible for the separating spouses to reach an agreement on all major issues, the ability to enter into a stipulated divorce judgment will likely result in a more acceptable and less costly process. To help ensure that you are doing everything in your power to reach a mutually satisfactory agreement, you are encouraged to consult with an experienced family law attorney from the local San Diego area.

It is extremely important for the spouses to be forthcoming and honest about the issues addressed by any stipulation. Engaging in dishonest behavior or fraud during the divorce proceedings may serve to invalidate your stipulated judgment and all that it contains. In a recent California divorce case, the ex-wife brought an action to vacate the stipulated divorce judgment — eight years after it was entered by the court. According to the facts, the couple got married in 1974 and separated in 2004. At that time, their two children were adults. In August 2005, the parties reached a settlement, resulting in a formal stipulated judgment that determined the division of property, among other things.

Continue reading

There are state laws applicable to every aspect of a family law case. The California Family Code governs actions for divorce, spousal support, child custody, and many of the attendant issues to be resolved. Courts interpret such laws in light of the facts and evidence presented in each case. For this reason alone, it is important to understand how these myriad legal provisions may affect your family’s rights now and in the future. An experienced family law lawyer from the local San Diego area would be able to guide you through the California divorce process as seamlessly as possible.

One of the highly regulated areas of family law concerns the physical and legal custody of children. Courts are guided by the following principle:  which arrangement promotes the best interests of the child. Under the law, custody orders may be modified if the parent seeking the modification can show that there has been a “change in circumstances” sufficient to warrant the modification. In a recent custody case, the father lived in California, and the mother lived in Virginia. The court entered a permanent custody order giving the father (a Bay Area resident) physical custody of the child during the school year and the mother physical custody during the summer.

Continue reading