Family Law in San Diego

Family Law in San Diego

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Speaking about family law cannot be separated from the problems that may happen inside the family. There are many cases that are usually happened inside the family. These cases need a family law attorney that is an expert in the field of family law. The people need the attorney to accompany them to solve their family problem which includes court law. Some cases that are usually happened are divorce, child custody, property division, and child support. During the decision process, the family needs help from the law attorney.

The divorce and property division

Well, all the people hope that their family will last forever. However, in some case, the family are broken. And, the divorce cannot be avoided. Some factors can influence the divorce of the family such as different principal, adultery, child abuse, and desertion. If these factors disrupt the family, they may undergo for the divorce. If the family undergoes the divorce process, they will have two options. Their divorce can be uncontested or contested. The uncontested divorce takes place when the spouse agrees with all of the major issues that are decided by the court. On the other hand, the contested divorce takes place when the spouse disagreeswith the major issue which is decided by the court. Please be noted that the divorce including the property division. In the property division process, the court will differentiate the property into two types which are marital and separate property. The marital property will be divided to the spouse. But, the separate property is the rights of the spouse. The property division will be easier if the spouse has a pre-marital agreement. If there is no pre-marital agreement, the court will divide based on the law in the region.

Child custody and child support

The important issue that may appear in the divorce is child custody. There are two types of child custody which are physical and legal custody. The physical custody focus on the term where the child will live. If one spouse gets the right of physical custody, the other spouse can make a visitation to meet their child. The legal custody focuses on the right to make a decision for the child’s life. For example, education, insurance, religion, and others. The spouse that gets the rights of legal custody can decide the education, insurance, and others for their child. However, the main consideration in deciding child custody is the child’s interest. The child can choose who the right person to get custody is. Sometimes, child custody can be changed during the changes of child interest and parental circumstances. Meanwhile, child support means that both parents have the requirement to support the financing for the child. Usually, the spouse that doesn’t get the right for child custody needs to pay more for the child support. Like the child custody situation, child support can be changed due to the changes in parental circumstances. The court will decide the new rule for child support based on the circumstances changes.

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