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Northern San Diego County Family Law Blog

Do you have to wait to divorce in California?

One question some people have about separating for divorce is what separation really means. Does it mean that you have to live in separate homes? Can you stay in the same home but not be in a relationship?

These are good questions. The fact is that if you plan to separate for the purpose of the separation period required by the Californian courts, you should live in two different places. Your spouse may stay in the main home, for example, while you rent an apartment. Similarly, you both could move out of the primary property and into secondary properties while you wait for the six-month period to pass.

Understand physical and legal custody in California

Child custody is an important matter that comes up in divorce. Choosing the right custody arrangements in your case is also vital because the arrangements you make will affect your child now and in the future.

There are several kinds of custody orders including legal custody orders and physical custody orders. With legal orders, they discuss who can make decisions for a child's welfare. It's normal for both parents to be able to make those decisions for a child, but sometimes, legal custody is awarded to only one parent.

Will a restraining order help protect you from violence?

Domestic violence is a horrible thing to have to deal with. It can come in a few forms, ranging from financial abuse to violent acts. As someone dealing with this situation, you should know that you don't have to go through it alone. You are resilient and can get through a divorce or separation with the protection of the court.

In most cases of domestic violence, it's best to seek a restraining order. These are temporary initially, but when you go to the court, you'll be able to ask for the restraining order to be made permanent if you are in danger.

3 tips for when the kids come over for summer visitation

One major post-divorce consideration is summer visitation. If you get the kids for an extended summer visit, you are likely looking forward to it. While your children are probably excited to spend more time with you too, it can also be complex and stressful for them. 

If you have teens or tweens, the situation may be even rougher to figure out. Plus, it can come with some strain for you and the other parent. Here are some summer visitation pointers to make the process easier on everyone. 

Get the help you need as a victim of domestic violence

Domestic violence is a horrible reality in many people's relationships. It can lead to emotional, psychological and physical pain, causing individuals to question their right to help.

It is important for anyone dealing with domestic violence to do all they can to escape from the cycle of abuse. There is no reason that you should have to fear your spouse or partner. If you have children, the last thing you want is for them to grow up in this atmosphere.

Courts to protect pets' rights in divorce cases in 2019

A Dec. 29 news report has many couples satisfied with changes in the law. A new California divorce law states that pets are to be treated as people, not property, when going through a divorce.

In the past, pets were treated as property, having only a financial value that could be split. There was no real concern for the animal's potential preferences or for the feelings involved in sharing, and potentially losing, a pet.

What is an unfit parent?

One thing that may lead to a mother or father losing their right to see or take care of their children is being determined unfit. However, what you believe is an unfit parent may not be the same as what the law dictates to be unfit.

The legal definition of an unfit parent is a parent who has failed to provide for a child, abused a child or neglected a child. Sometimes, parents who have addictions to drugs or alcohol will be deemed unfit, although it's possible to regain custody following treatment.

Man surrenders after allegations of domestic abuse

No one, not a mother, father or child, should have to deal with domestic violence in the home. It's a devastating situation to deal with, and it's harmful physically and psychologically.

Domestic violence is something people may struggle to get away from, but the reality is that it's necessary to break free of the vicious cycle of abuse. Domestic violence cases can involve the police, like in this case out of California.

Protect your interests during property division in divorce

Your divorce is a good time for you to build your life the way you want it. Some people fall into negative thinking at the end of a marriage. While this is understandable since you are ending a union you thought would last forever, dwelling on this can make you miserable.

One of the best things you can do now that you know your marriage is ending is to direct what will happen during the divorce. There are many aspects that you need to consider so you can legally end your marriage. The property division process is a major point to consider.

4 reasons why second marriages are more likely to fail

Entering a second marriage may mean preparing yourself for a second divorce. While subsequent relationships can certainly work out, statistics show they tend to fail. 60 percent of second marriages and 65 percent of third marriages end in divorce, in comparison to roughly 50 percent of first marriages.

Even if you have the best intentions, your second marital union may fall apart. Why does this happen? Here are a few core reasons why more marriages often result in more trouble. 

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