Straightforward Legal Direction When Your Marriage Is Ending
When it is possible, divorcing couples are wise to avoid the expense and emotional stress of having a judge make decisions about their private lives in the public forum of a courtroom. Mediation and collaborative law methods allow you privacy and autonomy while going through the challenging process of divorce. However, when this isn’t possible, we have the skills and experience to litigate contested cases through the court system. At Butler Law, PC, we help people with a range of divorce-related family law issues, including the following:
- Contested and uncontested divorce
- Legal separation
- Child custody and visitation (also called “parenting time”)
- Child support
- Spousal support
- Property division
Divorce 101 – And Custody, Too
All divorces involve itemizing and dividing marital property and determining whether spousal support is warranted. When children are involved, custody and child support are also part of a final divorce decree. Each of these areas may involve complex issues with long-term consequences to finances and, when there are children, family dynamics.
Our legal team is dedicated to protecting the best interests of our clients’ children while striving to do what is best for our clients. We recognize that in most cases, it is vitally important for both parents to remain a part of their children’s lives.
What to Look For In A San Diego Divorce Attorney
Choosing the right divorce lawyer is one of your most important decisions. When evaluating potential legal representation in San Diego, consider these essential qualities:
Effective communication skills: Your attorney should be a good communicator who listens to your concerns. They should explain complex legal concepts in terms you can understand. During initial consultations, notice whether the attorney asks thoughtful questions about your situation.
Proven track record of results: An experienced family law attorney will have results from clients in similar situations. While every case is unique, past results can showcase an attorney’s skills in the San Diego family court system.
A balanced approach to negotiations: Look for a family law attorney who knows when to negotiate collaboratively. An attorney with a balanced approach understands that antagonistic tactics can prolong disputes. This can increase emotional strain and drive up legal costs without improving outcomes.
Strategic thinking and problem-solving abilities: Every divorce presents unique challenges that require creative problem-solving. Your attorney should show the ability to strategize for your specific circumstances. This is particularly important in specialized situations – if you need a military divorce attorney familiar with the unique aspects of divorces involving service members stationed at Naval Base San Diego or other military installations.
Commitment to protecting your best interests: Your attorney should prioritize what matters most to you. If you’re a parent, this includes safeguarding your parental rights. Advocating for arrangements that serve your children’s well-being is crucial. The right legal representative will help you focus on long-term goals rather than short-term emotional reactions. Guiding you toward decisions that protect your financial future and personal priorities.
Local knowledge and reputation: San Diego family courts have their own procedural nuances and judicial preferences. An attorney who practices in these courts knows how to work with local systems. They may have established professional relationships with judges and court personnel.
At Butler Law, PC, we offer these qualities through our client-centered approach to divorce representation. We combine legal knowledge with compassionate guidance through every stage of your case.
Frequently Asked Questions
How long does it take to get divorced?
Are there negative consequences for me if my spouse is the one who files first?
Not legally. In family law cases the one who files the initial paperwork first is referred to as the “petitioner” while the one who responds is the “respondent.” Neither the petitioner nor the respondent are viewed any differently in the family courts simply because of how, when or what they file.
Can I get a divorce without going to court?
To legally get divorced, the case must go through the court system, in order to be officially signed off by a judge. However, if parties wish to avoid litigation (think trial, evidentiary hearings, etc.), they do have the option of coming to an agreement with one another. The courts may then enforce this agreement.
To learn more about a collaborative law approach, click here [https://www.butler.law/mediation-and-collaborative-law/].
Is there a way to avoid protracted litigation during a divorce?
Yes. In fact, many couples opt for working together and coming to agreements on how to split their property, share custody of their children, and other issues. However, at the crux of this option is that both partners must be willing to work together to be successful in this area. Even after a divorce judgment has been entered, most issues are modifiable. This means that at any time, one party can file for the court to hear them out on a particular issue. That is why it’s best for both parties to maintain an amicable relationship, if possible.
If I have property in my name, can my ex get any part of it?
California is a community property state. In a nutshell, this means that all property acquired during marriage (absent property acquired by gift, bequest, or devise) is subject to be split 50/50 between spouses upon divorce. All other property acquired by an individual before marriage or after marriage is considered separate property and 100% of it goes to that person. However, there are often times where one spouse will acquire property in their name during marriage. Some people believe that because it is in their name only, it must only be theirs. But not always. That property is subject to tracing and transmutation principles, depending on what each party argues. Because property during divorce is often subject to complex legal analysis, it is best to consult an attorney in this area.
Read more about property division here [https://www.butler.law/property-division/].
How can I prevent my ex from dragging out litigation by continually filing motions?
Yes, you can. But that depends on whether you both are willing to work together. Technically, either party is able to file motions on a variety of legal issues post-judgment if they wish. So, the best way to avoid this is by maintaining an amicable relationship with your ex and possibly working out a mutual agreement that the court can enforce, so as to keep motion filing to a minimum.
Let Us Evaluate Your Family Law Matter And Offer Direction
Our approach to helping people through the divorce process is to provide reassurance and clear guidance through this difficult time in people’s lives. We inform our clients about how California law affects the unique aspects of each divorce, making recommendations and explaining the likely outcome of every option available.
To schedule a consultation, call 619-514-3365 or complete and send a brief online inquiry form.
