San Diego Divorce Lawyer
When you are in the most difficult position of having to consider divorcing your spouse, you need to work with a San Diego divorce lawyer who is on your team. San Diego Biz Law’s experience in this area ranges from negotiating high-level divorces without going to court, right through to fighting it out with the other side to get you what is fair.
Our divorce lawyers know this is one of the most challenging times in your life and we will be right by your side every step of the way; you will always have 2 lawyers to call should you require help at any time.
You always start with two choices. You can negotiate or litigate. If you feel that your spouse is willing to have us negotiate the terms without having to fight it out, we would be happy to save you a lot of money in legal fees and a lot of time and aggravation. We have negotiated complete divorces in as little as one evening and at the most in one week. Your lead negotiator, Steven Riznyk, has been a high-level negotiator for over two decades and apart from working on a myriad of domestic cases, has resolved kindappings, extortion, and blackmail with no money changing hands; he has been considered one of the country’s top three dozen high-level negotiators.
On the other hand, if you have no choice but to fight it out, our San Diego divorce lawyers will. Our divorce lawyers represent both husbands as well as wives, as we learn a lot about human behavior and legal strategy from each; this is our edge. Although we normally deal with high net worth CEOs, we can help you regardless of what your station is in life. If effective and cost-saving is what you are after, we should be your first choice. Call us at (619) 793-4827 for a free consultation and let’s talk it through…you won’t be disappointed when you learn about our edge with litigation strategy..which is what has led to our success in business litigation.
We imagine at this juncture you are curious about the procedure and what happens, so we have provided some information for you that should answer many of your preliminary questions:
Division of Property
During the divorce process, the two separating parties will have to determine how to best separate the properties and assets that they have acquired over the course of the marriage. If you are going through a divorce, it is very likely that you are concerned about the fair distribution of your property. This is a totally normal feeling, as the division of property can be a very confusing procedure, especially if you are uninformed or if you are part of a high net worth divorce. That’s why San Diego Biz Law’s team of complex property division attorneys are ready to stand by you to ensure that your property is divided fairly.
Dividing property can be a very painful process, especially when deciding who gets to keep the house you’ve shared together, or who will maintain control over a mutually-owned business. After all, making sure both parties receive a fair deal is not going to involve sawing the house in half, and in the end one party will get to stay while the other has to go. Our property division attorneys are extremely well-versed in property division laws, and will protect your rights to help you get the best deal possible and protect your financial future.
In California property acquired during a marriage is considered community property, and should be
divided between the separating spouses as such. While properties purchased before the marriage will return to their original owners, a family court judge will mediate this division by looking at a list of factors such as increasing value of real estate as well as retirement accounts. To help fairly represent you in this evaluation process, San Diego Biz Law teams up with experts in forensic accounting, business valuation, economics, and other similar fields to determine value in the most accurate ways possible.
Thorough evaluation is important, fair division is ultimately left to the judge’s discretion. Our experienced attorneys will influence that decision to the best of their abilities, but the judge must also consider a list of other legal issues. Because our lawyers are knowledgeable about the nuances of these communal property laws, we will advocate on your behalf to ensure that litigation of property division and settlement negotiations work to your advantage.
Complex property division includes much more than simple real estate, which can itself include residential, commercial, and ranch properties. Proper valuation from an expert like the ones at San Diego Biz Law is key to reaching a fair ruling. Complicated property divisions often include, but are not limited to:
- Business valuations
- Corporate partnership assets
- Stock options
- Tax Issues
- Other retirement assets
In a divorce with a high net worth on the line, accurate evaluation becomes even more important during property division. Spouses with high incomes who own business assets or properties not subject to community property laws are at greater risk, especially when contesting spouses each claim an asset as their own. Prenuptial agreements can further complicate this process.
Divorce is already an emotionally charged and stressful process, so there is no reason to attempt to solve these issues on your own. Instead, contact San Diego Biz Law so that you can have an experienced family law attorney help you navigate this otherwise confusing and difficult process. Our attorneys are ready to advocate on your behalf, so leave property valuation and division to us. Our goal is to always provide our clients with the necessary tools to make sound and informed decisions about their options, so do not hesitate to contact us immediately.
Alimony and Child Support
Divorce and legal separation is almost always an emotionally stressful ordeal for all members involved. One of the most difficult issues requiring a successful resolution is the payment of alimony and child support. However, state laws can vary widely and be confusing for the uninformed, and without the right tools it is very possible to be taken advantage of no matter which side of the divorce you are on. Thankfully, our attorneys are committed to supporting your needs with exceptional service and extensive experience in working with cases just like yours. By making sure you stay informed, they can make sure that justice is served fairly and without surprises.
Alimony, often referred to as spousal support, is the court-ordered payment made by one former spouse to the other after a divorce. Typically, this payment is intended to provide the spouse who was financially supported throughout the marriage with financial support. Several factors are taken into account, but ultimately the judge will play a major part in the final decision on whether one side has a genuine need for the support, and if the other side is able to afford it. These factors include but are not limited to:
- How long the marriage or domestic partnership lasted
- What each party needs to maintain their standard of living
- What each party can afford (including both earnings and earning capacity) to maintain said standard of living
- The impact having a job would have or has had on successfully raising children
Courts will also look at several other common factors, such as whether a spouse helped the other receive training, education, or any other assets. The presence of domestic violence and/or adultery can also have a significant impact on the judges decisions. Our team of attorneys is determined to provide solid representation to ensure that the judge makes the right call for parties seeking to secure proper alimony, as well as preventing unmanageable alimony obligations.
Alimony payments typically take one of two major forms, where it is paid either as a single lump sum, or in regular payments that may or may not have an end date. Alimony without an end date, otherwise known as “permanent alimony,” is generally payed until the death of either party. Sometimes permanent alimony may include a stated exception date in the agreement, but it might also end if the recipient remarries, cohabits with another adult, or if both parties resume marital relations. Alimony with an end date is usually called “temporary” or “rehabilitative alimony,” and is chosen when the judge finds that the receiving party can reasonably establish him or herself financially in time. This allows the divorced spouse to eventually become self-supporting.
Child support on the other hand, while emotionally distressing just as often if not more so than thedivorce itself, is determined by a statewide uniform guideline formula instead of a judge’s direct decisions. This formula, determined by California Family Code 4055, can still be complicated by a variety of factors, such as child support from a previous marriage, education funds, and even business succession plans. Fortunately our experienced child support attorneys at San Diego Biz Law can help clear away the confusion to ensure that the end result is fair for you and your children.
When the parents cannot agree on an acceptable level of child support, a judge will determine the appropriate amount of child support based on the guideline calculation. This calculation is influenced by the following factors, among others:
- Earnings and earning capacity of both parents
- Other sources of income for the parents
- Number of children these parents had together
- Amount of time each parent spends with their children
- Tax filing status of parents
- Health insurance expenses
- Other special needs for the children
An experienced child support attorney, like those by San Diego Biz Law, will be able to find numerous opportunities throughout the case to attain the best possible outcome for you and your family in regard to child support. If a satisfactory agreement cannot be struck outside of court, our attorneys will gladly stand by to protect your rights and the best interests of your family in the courtroom.
We understand that this is a difficult time for you and your family, but it is still important that you are properly represented in order to reach a fair and just conclusion for alimony and child support payments. No matter which side of the argument you may lie on, San Diego Biz Law attorneys will make sure that you and your family are treated fairly and with respect.
Child Custody and Visitation Rights
In the process of a divorce, children often pay the highest price. As a parent it can be hard to watch your children suffer as they are torn between their mother and their father, but our attorneys at San Diego Biz Law bring years of dedicated experience to the table when determining the best interests of your children. Children have the inherent right to enjoy time with both parents so long as they are safe and cared for, which is why our lawyers fight hard to ensure your visitation rights are upheld and that your child’s best interests are always kept in mind.
By definition, custody is the right that parents have to determine major decisions about their child’s life, such as where they live and travel, which schools they may go to, and what religious activities or institutions they are a part of. All parents have a desire to influence the lives of their children to help them make the best decisions they can, and San Diego Biz Law’s child custody attorneys are committed to giving you the proper representation to make this possible.
Custody is determined in a variety of ways, and several factors determine what is in your child’s best interests. For example, the court will determine which parent is more likely to encourage frequent visits with the other parent, and without proper representation your intentions could be painted in the wrong light. Even if your child voices a desire to stay in your custody or for the right of visitation, these wishes are often only a small factor in the final decision and are usually ignored entirely in children under 13 years of age.
Other factors that can play a role in determining custody include previous histories of domestic violence or drug use, along with parental criminal history and stability. Ultimately, custody is usually determined by the ability of the parent or parents to care for the child. Based on these factors, a judge will award one parent with sole custody, or both parents with joint custody
health, education, and general welfare of their child or children (legal custody), as well as where they live (physical custody). Despite sharing this responsibility, the parents will not necessarily agree on every decision, nor do they have to. Our team of attorneys is specially trained to help mediate and resolve these issues without having to go to court. While direct communication involved with making these decisions is always the best policy, the nature of your specific divorce case may not make this possible or feasible.
With joint custody, especially joint physical custody, a child is not always obligated to spend exactly half of their time with each parent. Usually factors like work, school, and each parents’ ability to care for the child will determine who has the child for how long. A parent who has more time to offer their child than another parent will typically receive more of the time. San Diego Biz Law’s child custody attorneys will always ensure that you are represented in the best manner possible to ensure that you are not unfairly left with the short end of the deal.
Sole Custody, on the other hand, is where only one parent has the right and responsibility to make these decisions, which can greatly impact your child’s life. Whenever possible, our goal is to always make sure that you are properly represented in all custody battles to avoid losing the opportunity to make important decisions regarding your child’s well-being.
With sole custody, the concept of child visitation is brought into the picture. If it is determined that only one parent has sole custody of a child or children, visitation rights ensure that you remain a part of your child or children’s lives. Courts will grant non-custodial parents visitation rights if they determine that it is important that each parent maintains a significant presence in each child’s life. While it is not uncommon for custodial parents to abuse their position to restrict or even prevent visitation, our skilled attorneys will stand by you to ensure that you are properly represented as you truly are. Because we only hire the best, contacting San Diego Biz Law is your best chance at securing your family’s rights to stay together as much as possible throughout an otherwise.
At the end of the day, things happen in this world. They may not seem to be the best at this time but in the long run they may turn out to be just what you need. Do not look at this as a disaster; find a way to deal with it and remember, you are starting a new chapter in your life. Start fresh, and make the best of it, we will help you in any way we can; call us now (we often answer after hours calls) (619) 793-4827.