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PRENUPTIAL AGREEMENTS AND PREMARITAL AGREEMENTS

April 30, 2010

 

San Diego Divorce Attorney

A prenuptial agreement or premarital agreement are the same. They are a legally enforceable agreement that allows you to protect and keep your assets and earnings that are yours before marriage so they will remain yours during and after filing for divorce. It also acts to protect you from the other’s debts they incurred before marriage – Once you get married, you may be liable for debts your spouse incurred before and also those incurred after. A San Diego Divorce Attorney can draft your prenuptial or premarital agreement to fit your specific wants and needs by including specific language that a judge would never order, absent a prenuptial or premarital agreement. For example, you may want to include language that sets spousal support or alimony. It can even state you can give gifts (including real property) to the other spouse, and all sorts of other language you want to include in it.

Without a prenuptial or premarital agreement, however, your San Diego Family Law attorney cannot protect you from the enforcement of the divorce laws, laws that do not protect your premarital assets from remaining yours. For example, California divorce law presumes all the assets and debts of both spouses are community property, meaning everything would be divided so that each spouse gets awarded half of every asset and every debt or the equivalent (i.e., a division “in kind” that obtains the same result). Is this what you want to happen? It does not even matter what State you were married in! Only a well-drafted premarital or prenuptial agreement drafted by your San Diego Family Law attorney can protect you from a judge enforcing divorce laws you do not want to apply to you, just because you chose to get married. Don’t count on the legal exceptions to the “community property presumption” to protect you either.

Many times both couples may want a prenuptial agreement, where both have separate assets they want to remain their own. They may have the very same reasons you have. Yet, whether one or both couples believe it is prudent to hire a San Diego Divorce attorney for this purpose, the reality is that most people don’t get one before they get married and those same people are likely to regret it in the future. We all know it isn’t exactly romantic. Even if both of you are truly in love and can’t imagine not spending the rest of your lives together, just thinking of the possibility of divorce, will result in you putting it off until it is too late. Don’t wait. No matter how bad it feels, hiring a San Diego Family Law attorney to get it done before you and your fiancé “tie the knot,” is likely to be one of the best decisions you or both you and your fiancé ever make. You both still can believe without a doubt that your marriage will last forever and it just may.

Posted by backesfamilylaw at 12:40 pm | permalink | Add comment

Who exactly are Family Law Attorneys?

April 28, 2010
San Diego Divorce AttorneyFrom the billboards to the ubiquitous websites, Family Law Attorneys are a familiar site in Southern California, right up there with lawyers protesting wrongful deaths and fighting for accident victims. A lot of us are often vexed with this question - what type of cases does a family law attorney handle?

Family Law broadly deals with issues such as Divorce, Marital Dissolution, Annulment and Separation, Mediation and Conciliation, Family Abuse Prevention, Child Custody, Child Relief and Alimony. In addition, it also covers areas such as Property Settlements, Domestic Violence, family immigration and other related issues. No surprisingly, densely populated Southern California cities like Los Angeles and San Diego have a lot of family lawyers. Leading San Diego Family Law Attorneys, for example, offer client consultation, private mediation and court representation through trial.

Within the aegis of family law, child custody and child welfare is particularly relevant in the Southland. San Diego family law attorneys, besides providing clients with legal advice on such matters, give special consideration to the needs of children in high conflict cases. Understandably, high conflict and difficult family law issues have to be handled with a lot of experience and care - in family law there are no clearcut winners or losers. Hence, the objective of many a San Diego Family law attorney is to provide high quality of service that will aim at finding a most optimal solution for the kid.

Regardless of which of the above problems one of us is traversing through, it is advisable to seek expert opinion as early as possible. We all know of couples endlessly dithering an remaining miserable, with children suffering and robbed of a normal childhood. If they had found good legal or counseling help, they could have turned things around. Timeliness is of utmost importance. It is important to consult and work with a family law attorney who can provide you with professional legal counsel. Especially in the Southland, with so many Los Angeles and San Diego Divorce Attorney firms available, it is easy to find someone who can hear your concerns and suggest concrete help. Some even offer a free initial consultation. Subsequent to a preliminary consultation or several consultations depending on the complexity, wherein the available options, possible solutions and the manner in which to proceed are discussed, an attorney is assigned to your case.

An experienced and reputed family law firm is constantly updating itself as to the latest modifications and developments with regard to Family Legislations. For example, complex issues like if you are entitled to child support, and if so how much? Matters related to change in terms of alimony, divorce and child custody and divorce financial work sheet have to be dealt with expert care. All in all, given the complex nature of the family law issues, clients can and should expect personalized attention, advice and good results that is prompt, affordable and reinstating peace of mind.

Remember, you deserve your peace of mind!

How to choose a good Family Law Attorney? That’s a whole separate discussion and my next blog. Keep seeing this space.

Posted by backesfamilylaw at 7:46 pm | permalink | Add comment

SAN DIEGO DIVORCE LAW

April 3, 2010

San Diego divorce attorneysDo you see your marriage falling apart as you stand helpless? Is your wedding in shambles, in stark contrast to the happiness you shared before? Are the long hours at work even more unbearable since you do not find the love you need at your home?

Marriages are not made in heaven anymore. With feverishly rushed lifestyles, marriages are often changed and thrown aside as regularly as fashion trends. In such a world, it is necessary to protect one’s interests, instead of being sucked into a vicious cycle of financial burdens and emotional damage.

To ease this otherwise painful process you require the services of an excellent San Diego divorce lawyer. Firms at San Diego offer a range of well qualified lawyers equipped to meet your need and demand in the case of a marriage gone wrong. Emotions often run high between the estranged couple during the proceedings of a divorce. It is not only wise emotionally, but also financially, to hand your affairs to the abilities of excellent San Diego divorce attorneys.

If you’re living in San Diego family law is another area in which you may wish to consult your nearest San Diego divorce attorney. These include matters such as pre-nuptial agreements and custody cases. You can rest easy that your possessions, worldly as well as family, are going to be safely yours if you put your trust immediately in a San Diego divorce attorney.

San Diego firms are well equipped to handle your every concern in cases of divorce and child custody. Your own safety and well being, as well as that of your family, is assured by the capable skills of San Diego family attorneys.

Posted by backesfamilylaw at 3:37 pm | permalink | Add comment