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Many people living in and around San Diego have substantial assets. As such, they will often ask their prospective spouses to enter into prenuptial agreements before they wed. The California Courts will generally enforce prenuptial agreements unless unenforceable under Family Law Code Section 1615, with some exceptions. For example, a Court may decline to enforce part or all of an agreement on the grounds that it is unconscionable. In a recent California opinion, the Court discussed when unconscionability is assessed in a matter in which it rejected portions of a prenuptial agreement despite the husband’s objections. If you have questions regarding the enforceability of prenuptial agreements, it is wise to promptly confer with a San Diego prenuptial agreement lawyer.

History of the Case

Allegedly, the husband and wife entered into a prenuptial agreement in 1994 that defined their rights and obligations with regard to spousal support and community property. The case proceeded to trial, during which the Court considered, among other things, whether the prenuptial agreement should be enforced. The Trial Court ultimately ruled that the provisions in the prenuptial agreement that limited the wife’s right to spousal support were unconscionable and declined to enforce them. The husband appealed, arguing that the Trial Court erred by determining whether the terms were unconscionable at the time of enforcement instead of when they were drafted.

Evaluating the Unconscionability of Prenuptial Agreements

The Appellate Court rejected the husband’s reasoning and affirmed the Trial Court’s determination. The Appellate Court noted that the wife struggled with mental health issues throughout her life and that she and the husband had vastly different assets when they entered into the prenuptial agreement. Additionally, the agreement provided very little for the wife in terms of property division and spousal support in contrast to the husband’s means and the couple’s standard of living. Continue reading

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

Divorce itself is a matter of extreme complexity and has a long-lasting negative impact on each of the family members. It destroys individuals emotionally, disrupts their financial stability, and makes the future of the children hazy.

The issues that surround divorce are difficult to handle and come with several challenges and complications. The most sensitive post-divorce matters are spousal support, child support, and child custody and visitation. When these matters are taken to court, the whole family goes through a difficult time, recovering from which is very difficult.


Child support after Divorce in San Diego

Divorce can be challenging for a married couple, especially if they are parents. The divorced couple may get over with their divorce in time, but it has some serious, long-lasting effects on the children. Children become the collateral casualty of a divorce. Common issues that children have going through a divorce are anxiety, constant stress, mood swings, intense sadness, and distress.

Co-Parenting – Ensuring Mental and Social Stability in a Child’s Life

In many of the cases, the relationship with the ex-spouse is harsh and hostile, which creates a highly negative environment for their children. If you are willing to provide a positive environment for your child after divorce, you need to pay attention to how you are co-parenting.

When you are going through a separation, you may encounter a feeling of depression or that no one understands what you are experiencing.  These are both absolutely real responses to a troublesome circumstance that can feel like you are about to reach a dead-end or about to get run over by a train.

Furthermore, as hard as things may be, it tends to be helpful to realize that you are not alone. Furthermore, understanding the top causes behind separation may assist you with understanding the motives and forces that have divided you.

Here are some common causes of divorce:

With Instagram, Snapchat, Facebook, Twitter, and many more, social media has become an essential part of our daily lives. Through social media, we are able to keep in touch with our distant relatives and friends. You are able to post just about anything on your social media accounts, so all of your friends can know what you did that day, what you had for dinner, and even let them know what song you are currently streaming.

Social media has had a drastic impact on our lives and may also playing a major role in divorces and marriages. There are instances that people utilize social media for online flirting or even facilitating affairs, which has caused an increase in divorces that include issues with Facebook, Instagram, other social media-related platforms. To put it simply, what you are posting on social media, may influences your relationship.

Consider What You Are Posting

Divorce is hard on the entire family. Not only does it break the family apart, but it disrupts each member’s mental, emotional, and financial stability. There are different ways of coping with legal separation or divorce, and some ex-spouses decide to move away. It is a common way people react after divorce. The process can be depressing, and by moving away from the bad memories, an individual may believe that it will be easier to start fresh.

Moving away is not an easy decision, and things get extremely complicated when a divorced couple has children to consider. When a parent decides to move away with the child, the other parent may object as it will affect the visitation schedule set by the Court. See California Family Code section 7501.

Move-away child custody cases are the most challenging cases the Family Law Court must handle. It is not just overwhelming for the family but even for the Judge who must give the final decision, which may keep one parent away from their child because the court cannot prevent a parent from moving.

Going through such a painful procedure of divorce, the individual feels that their life end with their marriage. While there is no doubt that the life of an individual will completely change after divorce, and those changes do not have to impact them negatively. It is normal to experience a level of grief at the beginning of going through the process of divorce. These initial levels of despair will last for a long duration. But if you’re gone through a stressful process of divorce and want to reach a healthier state, then in this post, you’ll get super easy and informative guidelines to cope yourself from divorce and live a healthy and happy life after divorce.

Emotional Stability

The most crucial and stressful time in one’s life is going through a nasty process of divorce. Not a single person expects to get married, only to have a divorce. One of the essential things a person should evaluate is their emotional stability. While you’re in the process of divorce, thousands of emotional ordeal, words, certain situations or people, trigger the sentiments you had while being wedded. Avoid blaming yourself for this divorce, you are not responsible and cause of the divorce. Just left all bad memories behind and take a fresh start. Try to socialize more by doing this; you will not feel a sense of loneliness.

When the possibilities of a marriage cease to exist, there may be no other option left except for getting a divorce. When talking about the most emotionally staggering phases of life, divorce is one of the first ones that come to mind. Sometimes divorce is inevitable, and there is nothing you can do to reduce the damage. It is hard for the divorced couple, and it is hardest for the kids. A divorce not only derails the emotions of a family but it can also completely disrupt their financial condition.

We all know that upon divorce, family court proceeds with the division of assets after identifying and categorizing each of the owned assets into separate, quasi community and community property. What most people forget is that not only the assets but even the debts are subject to division. As a married couple gathers assets over the course of their marriage, they take loans such as mortgage and car loans and credit cards and other debt.

Debt Division upon Divorce

The Law Office of Doppelt and Forney, APLC is a full-service law firm specializing in divorce, legal separation and paternity cases. Call today to schedule a free consultation at our office, conveniently located off the I-15 in Rancho Bernardo.

If you choose to retain an attorney, we will help you through every step in the often confusing and emotional process. We will assist with your preliminary declaration of disclosures including the schedule of assets and debts and income and expense declaration. We will prepare all pleadings. Our attorneys have over 50 years of combined experience, and will fight for your best interests in regard to child custody, child support, spousal support, division of assets and debts, and more. To find out how our divorce lawyers can help you, call today to schedule a free consultation.

In 2013, a lucky Michigan man bought a lottery ticket that won him a whopping 30 million dollars. When he purchased the ticket, he had already been separated from his wife for two years.

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