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San Diego Family Law Attorney

Taking a Personal Approach to Complex Family Law Disputes

Family law cases typically address very sensitive topics and involve a lot of emotion. There is often a lot at stake in cases such as divorce, child custody, child support, grandparent visitation, mediation, and prenuptial agreements. With tensions high and so much to lose, we suggest you enlist the help of highly experienced and compassionate San Diego family lawyers who can guide you through your case.

At The Law Office of George Gedulin, we have a team of San Diego family law attorneys focused exclusively on family law. We are backed by more than 30 years of combined legal experience and know the family law courts serving San Diego exceptionally well, so you can trust us to help you navigate the legal process with ease. If you’re ready to get help from San Diego family lawyers with a proven record of success handling California family law cases, contact our law firm for a free initial consultation.

What Kinds of Family Law Cases Have We Won for Clients Across San Diego County?

Our team of family law attorneys consists of family law paralegals and associate attorneys, all of whom exclusively practice family law in San Diego, CA. That means regardless of the specific family law matter you’re facing, you can trust our law firm to provide the capable legal representation you need for the best possible outcome. In our years serving San Diego County, we’ve successfully handled the following types of family law cases for clients:

  • Divorce and legal separation.
  • Child support.
  • Child custody and visitation.
  • Grandparent’s rights to visitation.
  • Spousal support/alimony.
  • Mediation.
  • Premarital/prenuptial agreements.
  • Enforcement of settlement agreements.

We understand the importance of getting the outcome you desire when dividing your marital property, determining who gets custody of the children, calculating a fair amount of spousal support, and dealing with other crucial family law matters. That’s why we’re proud to offer high-quality legal services to San Diego, CA, residents dealing with family law issues.

With every family law case we take on, our attorneys work tirelessly to fight for clients and always keep their best interests in mind. You can rest assured that we strive to settle as many cases outside court as possible to minimize emotional distress and financial burdens. If you want to learn more about how a family law attorney from our San Diego law firm can assist you, call us for a free consultation.

What Should You Know About the Divorce Process in Southern California?

California is a no-fault divorce state, which means you do not have to provide a specific reason to legally end your marriage in San Diego, CA. You can simply initiate a divorce through the court system and cite irreconcilable differences when you file the paperwork.

While the no-fault divorce process simplifies the dissolution of marriage for most couples, there are still some legal requirements you must adhere to and details that could complicate your case as it progresses. This is why it’s best to hire an experienced family law attorney before you file for divorce in San Diego, CA.

An example of a legal condition you must meet is the residency requirement. Before you can file for divorce, either you or your spouse must have lived in California for the past six months or longer. Additionally, one of you must have lived in the county you’re filing in for at least the past three months.

If you can prove one of you meets these requirements, you can file a petition of dissolution in a San Diego County family law court. You will also have to serve your spouse with a copy of the paperwork, including a summons, which they will have 30 days to respond to.

Before your divorce can be finalized, you and your spouse must file paperwork with the court showing that you agree on how to handle certain family law matters. For example, if you share children with your spouse, your divorce paperwork must specify how you will handle child custody and child support. You will also need to address property division, keeping in mind that this is a community property state in which spouses must divide their marital property and debts equally.

If you and your spouse can agree on the legal matters involved in a divorce in San Diego, CA, your divorce can be finalized within six months of filing the paperwork. However, many divorcing couples struggle to agree on property division and other important family law issues, which is why you’ll likely need legal assistance from a San Diego family law attorney as your divorce case goes through the courts. Our lawyers have helped numerous clients with divorce, legal separation, and other family law disputes throughout the San Diego area, so contact our trusted family law firm to discuss your legal issues with a compassionate family law attorney.

What Child Custody Arrangements Are Available to California Families?

One of the most emotionally difficult family law matters for parents is determining who gets custody of the children. Judges in the San Diego County courts prefer for parents to share custody when it’s in the best interest of the children, but parents rarely agree on the specific arrangements, leading to highly emotional disputes.

This is why it’s important to get legal advice from an experienced family law attorney before making any legal decisions that could affect how often you see your children. As you begin your case, it’s helpful to know that the two types of custody in California are physical and legal custody, which can be taken on by one parent or shared between both parents.

Physical Custody

Physical custody refers to which parent the child lives with. If you think your child should live with you, you can pursue sole physical custody. If the judge agrees that this is the most appropriate arrangement, your child would live in your home and see their other parent for visitation according to a schedule you agree on.

If you want to share custody of your child with your former spouse, you can pursue joint custody, meaning the child has a bedroom in both parents’ homes. The amount of time your child spends with each parent is up to you and the other parent to agree on. After all, most parents have to consider their work schedule when making custody arrangements, so joint physical custody doesn’t always result in both parents spending equal time with the child. Experienced family law attorneys can help you work out a joint physical custody arrangement that the family law court judge is likely to approve, so contact our San Diego law firm for assistance.

Legal Custody

Legal custody refers to which parent makes important decisions that significantly affect the child’s life. For example, the parent with legal custody gets to decide which school the child attends, which church the child attends, and what kind of medical, dental, and mental health care the child receives.

In most family law cases, the parents share legal custody, since judges prefer to see both parents involved in making significant decisions for their child’s life. However, if one parent isn’t interested in or capable of this responsibility, the judge might allow one parent to have sole legal custody.

As with all family law matters, the right decision depends on what’s in the child’s best interests. If your goal is to prove to the judge that your custody preference is best for your child’s well-being, an experienced family law attorney can assist with this. Call our San Diego family law firm today to speak with a trusted legal counsel for your case.

How Does Family Court in San Diego, CA Calculate Child Support Payments?

Once your child custody arrangements have been set up, you’ll need to consider which parent will pay child support and how much they will be required to send. In general, the parent who does not have physical custody or spends less time with the child will be expected to pay child support. This is because the judge assumes the custodial parent already pays for the child’s home, food, clothing, and other expenses, so child support ensures that both parents share the costs of raising a child.

If you and your former partner can agree on a child support amount that seems fair, you don’t have to spend time in the courtroom trying to calculate this cost. However, if you can’t agree, you must request a child support order from a family law court serving San Diego, CA. The judge will likely use a specific child support calculation to determine the amount to be paid. This considers several factors, including the following:

  • Each parent’s salary.
  • Any additional income each parent gets from other sources.
  • The tax filing status of each parent.
  • The number of children the parents share.
  • The amount of time each parent spends with their children.
  • Child support that either parent pays for their other children.
  • Both parents’ retirement contributions.
  • The cost of health insurance or healthcare not covered by insurance.

While all of these factors may be considered when calculating child support, the most important ones tend to be the parents’ income and the amount of time they spend with the children. So, if your child lives with you and sees their other parent every other weekend, your child support payments will likely be higher than if you spent an equal amount of time with the child. Similarly, if your former partner makes substantially more money than you, your payments will likely be higher than if you made about the same income.

It’s important to know that child support payments are supposed to help the custodial parent pay for housing, clothes, food, and any other basic needs of the child. However, many custodial parents face additional expenses associated with raising children, and they shouldn’t have to pay for them on their own. For this reason, San Diego family law courts expect both parents to share any costs not covered by child support, including:

  • Daycare or after-school care necessary for the custodial parent to work or attend school.
  • Healthcare costs not covered by insurance.
  • Travel expenses incurred when the child visits the non-custodial parent.
  • Educational expenses, including private school tuition, uniforms, school supplies, textbooks, tutoring, and equipment and fees for clubs and sports.

San Diego family law courts have some flexibility on child support cases, so they can order parents to pay for additional expenses, depending on the specific case. They can also reduce child support payments for unique circumstances, such as if a parent has an extremely high income and the recommended payments far exceed the child’s living expenses.

Whether you’re expecting to receive or pay child support, it’s best to consult an experienced family law attorney before you sign any court paperwork. Your children deserve to have the same amount of financial support as they would if both parents were still together, and that’s what the court will make sure of. However, each parent’s family law attorney will ensure their client gets a fair outcome in court, rather than feeling taken advantage of by their former spouse. If you’re concerned about the legal process of calculating child support, contact our San Diego family law firm for help from a compassionate, skilled family law attorney.

Will You Get Spousal Support After Your San Diego, CA Divorce?

Some divorce cases involve spousal support, also known as alimony. This is usually the case when one spouse makes much more money than the other, causing the spouse with the lower income to struggle financially after the divorce. So, if your income is much lower than your former spouse’s or you’re unable to work after the divorce, you should ask your San Diego family law attorney about the possibility of getting spousal support.

There are two types of spousal support available for couples seeking a divorce in San Diego, CA. One is temporary support, in which the spouse who makes more money is ordered to send payments to their spouse until the divorce is final. This gives the spouse with the lower income some financial peace of mind so they’re not worried about how to afford their bills during the case. The calculation for temporary support is usually simple, as it’s based on the fact that one spouse needs money and the other can afford to pay them, even if only temporarily.

The other type of alimony is long-term support, in which the spouse with the higher income is ordered to send payments to the other party for a specific period of time. This type of support usually lasts for years, since the point is to give the spouse time to get the training and job skills to find a position that pays well enough for them to support themselves.

This scenario is most common when a couple is married for decades and decides that one spouse will stay home to care for the house and children while the other brings in all or most of the household income. When such a couple gets divorced, the person who stayed home for years will likely struggle to find a job that pays well since their job skills and training may be outdated or nonexistent. Long-term spousal support will provide a chance to go back to school before applying to high-paying jobs.

If you’re uncertain if you should expect to pay or receive alimony, you should talk to an experienced family law attorney serving San Diego, CA. Our team has handled a wide range of family law matters for a diverse clientele throughout San Diego County, so you can count on us to provide the family law services you need during your divorce. Contact us to speak with a caring San Diego family law lawyer.

What Can Our San Diego Family Lawyer Do for You?

Family law issues often involve heightened emotions and sensitivities. Fortunately, our compassionate and experienced San Diego family law lawyer understands the human side of legal matters, providing not only legal guidance but also emotional support throughout the process. Additionally, our attorneys have extensive experience successfully handling family law issues of all kinds, from domestic violence to paternity cases. No matter what your family law issues are in San Diego, you can count on The Law Office of George Gedulin to assist with your case.

During our years serving San Diego residents with legal support, we’ve been proud to say we’ve protected the rights and interests of clients dealing with various family law issues. To consistently win cases, San Diego family law attorneys must navigate complex statutes, regulations, and legal documents. This is why you should hire an experienced family law attorney who knows every detail of the legal landscape and can address every aspect of your case, regardless of the family law issues involved.

At our San Diego, CA family law firm, the rights of our clients are incredibly important to us. When you hire our experienced family law attorney for your case, you’ll work one-on-one with a caring lawyer who will keep you fully informed every step of the way to ease your mind. We’re available 24 hours per day to discuss any concerns that may arise during your case. If you’re ready to talk to an experienced family law attorney serving San Diego County, call 858-943-6591 for a free consultation.