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Archive for November, 2009

Online Divorce: How Would You Decide Who Gets What in Your San Diego Divorce?

Wednesday, November 18th, 2009

Divorce at the click of a mouse – it may be coming soon to Brazil, according to an AP article published in the San Diego Union Tribune.  Brazil’s Senate recently approved legislation allowing online divorces under certain circumstances, and the bill awaits a vote from the House of Representatives.  If the bill becomes law, not everyone would be eligible for quick internet divorces, since it’s meant for those with less complicated and consensual divorces.  The idea has not come to California yet, but if it did, how well would it work?

As part of Brazil’s online divorce, you’d be able to divide assets.  While this seems like it should be simple enough, many of the most difficult issues in a divorce come up when figuring out who gets what.  For example, under California law, do you know what happens if one spouse started a business before getting married (making it separate property), and continued working in the business during the marriage?  (more…)

The Looming Threat of Contempt: How Far Can the Court Go in Enforcing Your San Diego Family Law Order?

Wednesday, November 18th, 2009

If a California family court order is disobeyed, there are many different ways to compel compliance, but can a person be jailed if, for example, child support isn’t paid?  Through the court’s “contempt power,” many family court orders that have been violated can potentially be punished with jail time.  On the other hand, the U.S. and California constitutions protect people from being put in jail just for having unpaid debts.  In the case of spousal support (alimony) or child support, even though money is owed, the payments are not seen as “debts” because they arise from legal obligations created when you have children or get married, which is why jail can be imposed for willfully violating the court order.  (more…)

California Move-Aways: Can “Virtual Visitation” Be Part of the Solution?

Wednesday, November 18th, 2009

New jobs and remarriage are two common reasons why divorced parents move out of San Diego or California.  If you’re seeking to relocate with your kids, you’ll need the court’s permission first, or else you’ll be in violation of your court order.  Not that long ago a parent with sole custody had an almost unrestrained ability to relocate with the child, but California child custody law in move-away cases has gone through many changes in the past several years.  To decide whether to allow the move, the family court now looks at many factors, including whether the move would harm the child and how the child’s relationship with the non-custodial parent will likely be affected.  (more…)


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