Court Explains Personal Jurisdiction in California Family Law Cases

November 6, 2021 | by Roy M. Doppelt

Relationships often fall apart, and when they do, it is not uncommon for one party to move to another city or state. If disagreements between formerly romantically involved people result in legal action, it may be uncertain which forum has the right to handle such disputes. It is clear, however, that the California courts cannot preside over a family law matter if they do not have jurisdiction over the parties. This was demonstrated in a recent California case in which the court ultimately vacated a domestic violence restraining order against the defendant, citing the lack of personal jurisdiction over the defendant. If you are involved in a family law dispute with someone who lives in another state, it is in your best interest to retain a seasoned San Diego family law attorney to discuss your options for protecting your interests.

Factual Background of the Case

It is reported that the husband and the wife married in California in 2005, had three children, and moved to Texas in 2015. The wife left Texas in 2019 to return to her parent’s home in California and took the minor children with her. She subsequently filed a petition for legal separation and requested a domestic violence restraining order (DVRO). The husband moved to quash service of process with regard to the DVRO request, but the court denied his motion and issued an order granting the wife’s request. The husband appealed, arguing the court erred by denying his motion to quash.

Personal Jurisdiction in California Family Law Cases

The husband argued that the Court lacked personal jurisdiction over him, and therefore should have granted his motion to quash and dismissed the case with prejudice. On appeal, the court agreed and directed the trial court to issue an order granting the husband’s motion to quash the DVRO. Continue reading

California Court Discusses Judgments in Divorce Proceedings

October 28, 2021 | by Roy M. Doppelt

The courts will typically take numerous factors into consideration when determining child support obligations. In cases in which the courts lack adequate information to make a final determination, they will often issue interim orders pending the receipt of additional data. It is important to note that, as illustrated in a recent California ruling, such orders may not impose actual support obligations on the parties involved. If you have questions regarding the potential financial impact of sharing custody of a child, it is smart to contact a trusted San Diego child support lawyer to discuss what evidence you may need to produce to obtain a fair outcome.

The History of the Case

Allegedly, the husband and the wife married in 2001 and had three children, two of whom are still minors. In 2015, the wife filed a divorce action. The following year, in accordance with a marital settlement agreement, the trial court entered a judgment of dissolution and granted the husband and wife joint physical and legal custody of their children. The court also ordered the husband to pay child support.

California Court Discusses Evidence Regarding the Nature of Property in Divorce

October 15, 2021 | by Roy M. Doppelt

When a couple decides to end their marriage, who owns what property is often one of the biggest points of contention. Typically, in cases in which the parties dispute whether an asset is marital or separate, they will provide evidence in support of their positions. If they fail to do so, it may adversely impact their rights, as demonstrated in a recent California ruling. If you intend to end your marriage, it is in your best interest to retain a capable San Diego divorce lawyer to aid you in striving to protect your interests.

The Facts of the Case

Allegedly, the husband and the wife married in October 2007 and separated in April 2015. The wife filed a petition for dissolution of marriage a year and a half later. The husband purchased a home prior to the marriage, and the couple lived in the home from 2005 until they separated. They used community funds throughout the marriage to pay the mortgage for the home, however. Following a one-day trial, the trial court determined that a portion of the home was community property. The husband appealed, arguing that the trial court improperly calculated the community share of the home.

Evidence Regarding the Nature of Property

On appeal, the appellate court found in favor of the husband, reversed the trial court ruling, and remanded for further proceedings. The appellate court explained that where the parties do not dispute that there is a community property interest in a home, both parties are obligated to ensure that the court has the information needed to determine that interest. Here, the husband erroneously believed it was the wife’s duty to provide the court with such information and failed to offer any. Continue reading

FAQs About Same-Sex Divorces in California

September 22, 2021 | by Roy M. Doppelt

Since the relatively recent Supreme Court ruling that legalized same-sex marriages in all 50 states, hundreds of thousands of same-sex couples have wed. Unfortunately, not all marriages last, and some same-sex couples living in California will decide to sever their relationships. It is important for people contemplating ending same-sex marriages to understand their rights and obligations before filing for divorce. If you have questions about your options for legally dissolving your relationship, it is critical to speak to a knowledgeable San Diego divorce attorney as soon as possible.

Do I Have to File Separate Actions to End my Marriage and Domestic Partnership?

No. Under California law, same-sex couples may not only legally marry but may also legally register as domestic partners, and many same-sex couples entered into domestic partnership relationships prior to marrying. As such, if they decide to sever their relationship legally, they must end both their partnership and their marriage. Fortunately, the law allows same-sex couples to do so through the same case and petition. They simply must indicate that they are ending both their marriage and their domestic partnership.

Do I Have to Explain Why I Want a Divorce?

California is a “no-fault” state. In other words, a person who wants to obtain a divorce does not have to prove that his or her spouse bears responsibility for the downfall of the marriage. Instead, the petitioner, who is the party that files the initial divorce complaint, can merely assert that there are irreconcilable differences. This means that the couple cannot get along with each other enough to salvage the relationship, and therefore, the marriage is irretrievably broken. Continue reading

Preparing for a Custody Battle in San Diego and Hiring a Divorce Attorney in 2021

April 2, 2021 | by Roy M. Doppelt

There are a number of difficult aspects that parties go through during a divorce, which include the division of assets and debts and child and spousal support. However, there is nothing more difficult than the issue determining child custody and visitation.

The end of a marriage is emotional, whether or not children are involved; however, when children are involved, the issues become more complex and difficult. Understanding the court procedure of child custody and visitation and the law, may assist with the issues that arise.

Understanding Child Custody

How the Attorneys in San Diego Prepare the Parents for Child custody Cases in 2021?

February 19, 2021 | by Roy M. Doppelt

When children are part of a divorce, child custody and visitation tend to be the parties’ primary objective, and other matters like spousal support, child support, and the division of assets and debts tend to be less important.

Understanding the Types of Child custody

In the initial stages of a divorce, it is up to the parents to establish a parenting plan that is in the best interest of their child. It is always better if the parties develop a parenting, which encompasses their child’s best interest. If the matter goes in front of the judge, that judge does not know your child and will make a determination based on what evidence is presented.

How Divorce Affects Your Kids In San Diego 2021 – Know The Facts From A Lawyer

January 12, 2021 | by Roy M. Doppelt

Aaron’s and Jessica’s marriage was on its final leg, and after trying to maintain the façade of a happy marriage for their children, they decided to part ways. However, even though they decide to separate, they were worried about the impact that it would have on their children.

Divorce can be devastating on a family and have a traumatic impact on children. Most adults have trouble dealing and adjusting with the process of divorce and it impacts the children of the relationship more drastically and may cause future issues.

The effects of divorce on children can be long-lasting and may negatively impact their way of dealing with their future relationships. Studies have shown that in the United States, daughters of divorced parents have a 60% higher divorce rate as compared to those who have non-divorced parents.

Military Divorces in San Diego: Where can a service member file their divorce if they are stationed in California?

October 7, 2020 | by Roy M. Doppelt

In California, a divorce is called a dissolution of marriage. One of the most important things that a servicemember needs to know is where they can file their divorce. Military members are unique because different jurisdiction may be able to hear their case. However, there are requirements that may need to be met before a state may exercise their jurisdiction.

If you are stationed in California and are unsure where to file your divorce, you may want to speak with a qualified family law attorney; however, the following explains the different jurisdiction in which you may be able to file.

1) A service member may file for divorce in their state of domicile.

All About Child custody in 2020 – Notes from the Expert Attorneys in San Diego

August 3, 2020 | by Roy M. Doppelt

Children suffer the most when parents opt for Divorce or legal separation. Not only do they suffer emotionally, but even their future becomes unclear and blurry. If parents fail to sort out their differences, it may negatively impact a child.

One of the most sensitive matters in a Divorce is child custody and visitation and child support. The effects of Divorce on a child are everlasting, and the decision the Family Law Judge takes regarding support and custody plays a significant role in their life.

Child custody Cases in California

Tips for Negotiating Spousal Support Settlements in a Divorce in San Diego 2020 – Hear It from the Experts

May 21, 2020 | by Roy M. Doppelt

After the Child Custody, spousal support (alimony) is the most argumentative and challenging-to-navigate procedure in every divorce.

In the middle of a divorce process, you may be thinking about the issue of alimony payments. Spousal Support or alimony is to assist a party to acquire skills or necessary training to obtain a job to become self-sufficient and you maintain the Status Quo. (See In re Marriage of Schulze (1997) 60 Cal.App.4^th 519 at p. 525; In re Marriage of Schulze (1997) 60 Cal.App.4^th 519 at p. 522; and In re Marriage of Burlini (1983) 234 Cal.App.3d 65 at p. 69.). If the divorce goes through litigation, spousal support can be awarded in Court. Both you and your ex-partner can negotiate these payments with the respective lawyers, which can assist you in ensuring fairer results.

In this post, you will get helpful information regarding negotiating alimony settlements during the process of divorce.