About San Diego Divorce | Claery & Hammond, LLP Divorce Attorney Blog

Posted By Claery & Hammond, LLP 15-Apr-2019

Do Unwed Fathers Have Rights Over Child Custody?

In today’s society, it’s becoming more common and socially acceptable for couples (and non-couples) to have children outside the institution of marriage. Why is this? There are many reasons...A couple may be children of divorce and they ...

Posted By Claery & Hammond, LLP 1-Apr-2019

Divorce When You're the 'Out Spouse'

It is not unusual for spouses to have very different financial roles in a marriage, especially if one spouse is the breadwinner or earns significantly more than the other spouse. One spouse may have a much greater earning power and the “out ...

Posted By Claery & Hammond, LLP 18-Mar-2019

Why Would I Want a Postnuptial Agreement?

Prenuptial agreements are the ones that get the most press. We hear about them frequently in the media, especially when someone famous drafted one before marriage. Now postnuptial agreements...we don’t hear about them so much, but they’re ...

Posted By Claery & Hammond, LLP 4-Mar-2019

Disinheriting a Spouse in San Diego

Ask any estate planning attorney and he or she will openly admit that sometimes their clients ask about disinheriting their spouses – it’s not uncommon. Why would someone want to do that? Usually, it’s because their spouse ...

Posted By Claery & Hammond, LLP 18-Feb-2019

Don't Waive Your Father's Rights!

If you are a child of divorce or if you grew up with a lot of friends whose parents were divorced, you may remember the way things were: Usually the mothers had custody of their children and their ex-husbands paid child support and rarely got to see ...

Posted By Claery & Hammond, LLP 4-Feb-2019

Can Child Support Be Avoided with Joint Custody?

As recent as the late 1990s, family courts across the nation were in the practice of showing preferential treatment to mothers in child custody cases, but that’s the past and things are handled quite differently now. In the past 30 years, women ...

Posted By Claery & Hammond, LLP 21-Jan-2019

How Does Domestic Violence Impact Child Custody in CA?

If you’re getting a divorce and your family law case involves domestic violence (spousal abuse or child abuse), you’re probably wondering how the domestic violence will impact your case, especially in regards to child custody. Here, we ...

Posted By Claery & Hammond, LLP 7-Jan-2019

International Parental Kidnapping in San Diego

Are you married to someone who’s from another country and now you’re afraid that he or she will flee the country with your children? Or, are you concerned that your soon-to-be ex is planning on abducting your children to another country? ...

Posted By Claery & Hammond, LLP 17-Dec-2018

When Can a Child Choose Which Parent to Live with in California?

“My child is 13, isn’t she old enough to choose which parent to live with?” is the type of question we hear frequently in divorces involving older children. As a matter of fact, some parents will even delay their divorce until their ...

Posted By Claery & Hammond, LLP 3-Dec-2018

Remarrying? Beware of Child Support Arrears!

If you're getting a divorce, or are already divorced and you remarry, it’s important that you and your new spouse understand how child support arrears can impact your new marriage, especially if you are the non-custodial parent who will be ...

Posted By Claery & Hammond, LLP 20-Nov-2018

Don't Let Social Media Derail Your Divorce!

How many social media accounts do you have right now? If you’re like many adults, you have a Facebook and Instagram account. You may even have a Twitter account and be on Snapchat. Professionally, you’re probably on LinkedIn and maybe ...

Posted By Claery & Hammond, LLP 6-Nov-2018

When Does Child Support End in California?

In California and all 50 states, both parents are expected to financially support their children. Contrary to popular belief, child support orders are not only made in divorce cases. They are also issued in domestic violence cases, legal separations, ...

Posted By Claery & Hammond, LLP 15-Oct-2018

Is Spousal Support Still Tax-Deductible?

Are you contemplating divorce ? If you’re seriously thinking about ending your marriage, you may not want to delay until after the New Year. If you believe you will be paying or receiving spousal support, you’ll be very interested in ...

Posted By Claery & Hammond, LLP 1-Oct-2018

Enforcing a Spousal Support Order in San Diego

There are a number of reasons why someone would fall behind on their spousal support payments. They could have lost their job. Their hours could have been cut. They could have gotten into an accident or fallen ill. They can be diagnosed with a ...

Posted By Claery & Hammond, LLP 17-Sep-2018

Annulments in California

For a lot of people, the word “annulment” makes them think about the 55-hour marriage between Britney Spears and her childhood friend, Jason Alexander that took place in Las Vegas in 2004. After drinking in Las Vegas, the pair went down ...

Posted By Claery & Hammond, LLP 3-Sep-2018

What If I Don't Pay My Spousal Support Payments?

Divorce can be tricky. It can be complicated and filled with emotions. When it comes to child support, most non-custodial parents understand that it’s their duty – their obligation. Spousal support on the other hand, can be paid ...

Posted By Claery & Hammond, LLP 9-Aug-2018

License Suspensions for Past-Due Child Support

When parents are ordered to pay child support, they often don’t realize the full consequences of falling behind on their child support payments. When in fact, the Department of Child Support Services (DCSS) has a number of enforcement tools to ...

Posted By Claery & Hammond, LLP 6-Aug-2018

Do Incarcerated Parents Pay Child Support?

In California, both parents are obligated to financially support their children. However, the family courts cannot make child support orders until a child support case has been opened in the court. Typically, child support is addressed with the ...

Posted By Claery & Hammond, LLP 17-Jul-2018

How is Debt Divided in Divorce?

When couples divorce, usually asset division is at the top of their minds, not so much debt division. However, dividing debt is a critical issue that must be addressed and handled as intelligently as possible during a divorce. California is one of a ...

Posted By Claery & Hammond, LLP 9-Jul-2018

Stepparent Visitation Rights

These days, a large percentage of the U.S. population is made up of blended families. It is not uncommon for stepparents to play critical roles in the lives of stepchildren. Sometimes, stepparents are the ones to raise their stepchildren. Sometimes, ...

Posted By Claery & Hammond, LLP 18-Jun-2018

Understanding Military Divorce

Most spouses will quickly agree that divorce is challenging, stressful, and “not fun.” For civilians, divorce is hard enough but for members of the Armed Services, it can be even more complicated, especially when one or both spouses is ...

Posted By Claery & Hammond, LLP 4-Jun-2018

Is the System Biased Against Dads?

For years, mothers received preferential treatment in child custody cases – this is how it was all across the country. In light of that, it’s understandable why so many fathers recall children of divorced parents living with their mothers ...

Posted By Claery & Hammond, LLP 16-May-2018

Co-Parenting Tips for Divorcing Parents

Divorce is hard. Divorcing when you have minor children living at home can be even harder, but fortunately there are things you can do to make co-parenting easier. In our experience, divorce does not have to leave a lasting impact on a couple’s ...

Posted By Claery & Hammond, LLP 7-May-2018

Can I Get a U.S. Passport if I Owe Child Support?

These days, it’s very difficult for a non-custodial parent to avoid paying child support. If such a parent falls behind on their child support payments, all sorts of negative consequences can ensue. For example, their wages can be garnished, ...

Posted By Claery & Hammond, LLP 20-Apr-2018

San Diego Military Divorce & Custody

Divorce is typically a difficult process for one to endure no matter who you are, but for those who are active duty military members, it can be a little more complicated. A military divorce is not the same as those between civilians. Given that ...

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