03.26.10
Posted in San Diego divorce attorneys at 12:41 am by backesfamilylaw

Human emotions and handling of situations are the core necessity for any relationship. The relationships are thus built upon by family members staying together and sharing joys and sorrows. It is always said that relationships take a long time to be built; however, take a very little time to get sour.
These situations arise due to lack of trust, difference in opinion, varied interests, over possessiveness, or misunderstandings. This can happen in between any two or more individuals in the family, between parents and children, brothers and sister, yet the most delicate of the relationships is between husband and wife. A conflict of opinion or mistrust can lead to separation, divorce, and fights over child custody or property. This leads to the interference by the law agencies who make the parties take the right decision and come to an amicable situation. It is here that San Diego family lawyers come to the rescue of the warring factions.
Laws, by their definition, are made to safeguard the interest of the parties involved acting through legal codes of conduct. Also, laws are there to nullify or prevent any act of abuse, fear, ill practices, misrepresentation of facts, misbehaviors etc. by bringing the guilty to justice through written codes and procedures. The laws that deal with the family issues or disputes arising thereof come under the category of family laws. Universally, these laws facilitate reunion between children and parents, reconciliation or separation between husband and wife, or settlement of property disputes among siblings or between parents and adult children.
San Diego Family Law attorneys facilitate and solve disputes that arise out of divorce, property disputes, child custody matters, paternity issues etc. San Diego divorce attorneys are very professional and experienced in handling any kind of family law cases coming under their jurisdiction. A divorce lawyer San Diego will help you out in any of the cases arising out of the above mentioned circumstances.
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03.15.10
Posted in child custody attorney San Diego, child custody lawyer San Diego, divorce lawyer San Diego, family law San Diego at 1:23 am by backesfamilylaw

Do you see your marriage failing while you stand helpless? Do you work long hours only to find that your spouse won’t ever share your life? We all make mistakes in life, and all marriages are not made in heaven. It is very important to realize when one needs to back out. But the process can be a lot more trouble than you would think. There is the settlement of finances and property, neither an easy nor a pleasant business. But if you really need to get out of your unhappy union, you have to do what you have to do, even in the face of social stigma.
To ease the process you require the excellent services of a divorce lawyer San Diego firms offer the services of a multitude of lawyers well qualified to meet your every need and demand. It often becomes a murky business during the proceedings of a divorce and emotions can run high. You require the expert services of a divorce lawyer at this crucial stage in life. For cases of family law San Diego firms are an ideal place to get things started. It is in your best interest to know where you stand with regard to your spouse in the words of the law.
Attorneys are also instrumental in drawing up pre-nuptial agreements before a marriage, ensuring that your worldly possessions are secure even in the face of a marital breakdown.
To protect you and your children from an uncaring or harmful spouse, it is recommended that you undertake the services of a child custody lawyer San Diego firms are trained to handle sensitive matters like these. By providing you an excellent child custody attorney San Diego firms will ensure the safety and well-being of your family.
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03.09.10
Posted in San Diego divorce, San Diego divorce attorney, San Diego divorce attorneys, San Diego divorce lawyer, San diego family law, San Diego family law attorney, San Diego family law attorneys, San Diego family lawyers at 12:46 am by backesfamilylaw

Marriage is always considered as a long-term bonding and a social and legal association of two people who intend to stay together for the rest of their lives. Unforeseen circumstances, conflict of interests, and other situations or conditions leads to extreme decisions like divorce and separation. To overcome the odds of divorce or separation, the legal system has devised outcomes that may arise, in order to protect the interest of both the parties, when legal separation happens. One such agreement is commonly known as prenuptial agreement, also widely known as antenuptial or premarital agreement.
A prenuptial agreement is a contract made between two people before the marriage or civil union. Though prenuptial agreement has many clauses but it commonly includes provisions for spousal support and division of property when a couple files for divorce. Some other important terms may include forfeiture of assets when a divorce happens on the grounds of adultery; terms related to guardianship are also included. A Pre-nup has some crucial points that form an important part of this agreement, like voluntary execution of agreement (should not be forcibly done); the agreement must be in writing (oral pre-nup not considered), complete and fair disclosure at the time of execution, moral sense should be maintained, and should be executed by both the parties, not their attorneys, in presence of a notary public.
Some important points are needed to be considered before making a choice for a suitable attorney. If you are in San Diego, the best way is to do online search for the attorneys and their firms. A San Diego attorney is also readily available for services related to prenuptial agreement. Before executing any agreement, an understanding of facts, its complications, and end results of prenuptial agreement San Diego should be carefully undertaken.
Detailed information and history about San Diego family law attorneys is easily available on internet. Just look for the reviews of San Diego family law attorney and San Diego divorce attorneys, their history about the cases solved, latest news, articles, and how trusted are they in the market. Second most important thing is to be prepared with the questions you want to ask the attorneys. Then pick up the phone and take opinions of different attorneys. Putting across right questions to various attorneys will help you to make the right decision in terms of choosing the best one of them.
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01.27.10
Posted in San Diego divorce attorney, San Diego divorce lawyer, San diego family law, San Diego family lawyers at 6:50 am by backesfamilylaw

Every human being is bound by different kind of relationships. These relationships comprises of people living together as a unit forming a family. Some relationships go on for a long time while some become sour due to conflict of interests, difference in tastes and choices, incompatibilities, and misunderstandings due to varied reasons. The relationship between a husband and a wife is considered to be the most vulnerable to conflicts leading to divorce and separation.
People who get stuck in such situations take the help of laws that are made to protect the interests of common man. In layman terms, laws are meant to hold and protect any relation and behavior of individuals instead of just acting as legal codes. Also, laws are meant to prevent or eradicate and infuse a sense of fear to stop ill practices, misconducts, misbehaviors by bringing miscreants to justice through legal proceedings or procedures.
The laws dealing with family disputes or grievances are particularly termed as Family Laws. It is a universal term comprising a group of actions facilitating liaison between parents and children, husband and wife as well as hostility or cruelty between relations, acquaintances or associates.
San Diego Family Law offers legal services to solve disputes arising out of divorce, paternity, family law and child custody and is handled by San Diego divorce attorney. The working of San Diego Family Law includes problem-solving suggestions and guiding a positive path to deal with family disputes. In some cases, mostly married couples, the parties do not intend or conclude to live together. In such circumstances, separation or divorce matters are also handled keeping in mind the interests of both the parties.
Facilities to educate people about family laws are also provided in conjunction with the appointments schedules and provision of aids. Family Law attorneys help with legal forms and procedural guidance to resolve cases with no difficulty and smoothness. San Diego divorce lawyer and San Diego family lawyers have a considerable amount of experience in the field and offer best practices.
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12.08.09
Posted in divorce lawyer San Diego at 2:10 am by backesfamilylaw

Do you see your marriage failing around you? Are you working long hours only to come back to an unhappy household? Marriages aren’t always perfect and it is important to realize when one needs to back out. But the process can be more trouble than some people would like to take. Post-divorce settlement and distribution of finances and property is neither an easy nor a pleasant business. But the need to get out of an unhappy union is often necessary even in the face of so much hassle and adversity.
If you feel you need a divorce lawyer, San Diego offers the services of a multitude of lawyers well qualified to meet your needs. In San Diego, family law attorney is the person you go to if you want to get things started. It is often best to know exactly where you stand with regard to your spouse in terms of the law. The proceedings of divorce can be a painful affair not only emotionally but also financially, and hence it is best to have a well qualified family law attorney on your side to aid the process. Attorneys can help in drawing up pre-nuptial agreements prior to a marriage, making sure that your belongings and possessions are secure even in the face of marital disaster.
Rather than be ruthlessly treated by a vengeful spouse in San Diego, divorce can be a less painful process if the correct precautions are taken beforehand. But more than merely financial holdings and property, divorce can be excruciating if it involves one’s separation from one’s children. For couples with children, divorce can be an especially hurtful period as one bears not only one’s own pain but also the anxiety that the child must go through. It is thus essential that you refer at the earliest opportunity to a good child custody lawyer. San Diego area has several capable lawyers who are experts at making sure you get your due from a failed marriage. In terms of child custody, it is often a wise decision to secure a capable lawyer well beforehand to ensure least trouble in the future.
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11.20.09
Posted in San Diego divorce attorney, San Diego divorce lawyer, San diego family law, San Diego family law attorney at 6:07 am by backesfamilylaw

There may be no other area of family law more contentious and stressful than Child Custody and Visitation. Both parties often want to retain primary physical and/or legal custody of children. A professional
San Diego divorce lawyer explains that Child Custody and visitation decisions are some of the most important aspects of a divorce or dissolution proceeding. In the State of California, either parent may be entitled to sole custody or both parents can share joint custody of their child or children. Once an order is in place, it may be difficult to change it at a later date, unless there is a substantial change of circumstances.
Fighting over your child is costly, time-consuming and emotionally injurious to everyone involved, especially your child or children. But knowing your rights as you begin the process and acting proactively is of critical importance. It is essential to hire an experienced San Diego divorce attorney who specializes in custody litigation, as it could make all the difference in obtaining the results you want.
And according to top San Diego family law professionals with years of child custody law experience, the prevailing policy in California is first, to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and second, to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contact would not be in the best interest of the child or children.
Unless the parties can agree on a child custody arrangement, both parties likely will be ordered to attend a mandatory mediation at Family Court Services. The “Best Interest of the Child†is the standard to which decisions are made in a custody proceeding. Family law experts understand that juvenile dependency is a sensitive matter. Among the main goals when working with juvenile dependency matters, your local San Diego family law attorneys are committed to protecting the children, giving them stability, protecting a parents’ rights, treating everyone with dignity, and respecting diversity.
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10.13.09
Posted in Family law at 6:11 am by backesfamilylaw

In the unfortunate event that a parent finds herself or himself alone with the newborn, there are options an individual can take in hopes of improving the life of both the parent and child. When an unwed mother accuses a man of being the father of her child or vice versa, this is a legal dispute called a paternity suit. Where paternity of a child is an issue, any party in interest, the mother, the father, or the child, can ask the court for a determination. A private action for paternity is usually either brought by the mother (at times with the counsel of an expert
San Diego divorce attorney) in order to get support or by the father to establish his legal rights as the father. Regardless of who brings the paternity suit to court, litigation can be brought by a private party.
In San Diego divorce lawyers advise clients to familiarize themselves with terms and definitions of paternity suits when filing this type of case
A person identified as the child’s father in paternity suits is called the “putative father”. When the suit names the putative father as a defendant in a paternity case, he has a choice of either consenting to the entry of a paternity judgment or contesting the action. If the putative father consents, he would sign a Declaration Acknowledging Paternity, which would establish the legal relationship between the father and the child. It is imperative that you seek the advice of a San Diego family law attorney in your area before consenting.
If the putative father denies that he is the father or is not sure, DNA tests based on a cheek swab conducted on him, the mother, and the child can indicate a probability of paternity. The tests can exclude a man who is not the biological father and show the likelihood of paternity if he is not excluded.
DNA testing has become the most powerful test for determining paternity and is admissible in paternity trials. The percentage is usually from 95 to 99 percent. That means that if the test determines that the probability is that percentage or higher, paternity is presumed. The burden is on the putative father to rebut the presumption, which is a very difficult task. In addition to child support, paternity establishes emotional, social, and economic ties between the father and the child. Once paternity is legally established, the child gains certain legal rights and privileges.
In California, there are critical time limitations on bringing an action for paternity. Therefore, in order to protect your rights as a father, mother, or those of your child, it is important that you check with an experienced San Diego family law attorney regarding paternity laws.
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Posted in Family law at 2:58 am by backesfamilylaw

In the unfortunate event that a parent finds herself or himself alone with the newborn, there are options an individual can take in hopes of improving the life of both the parent and child. When an unwed mother accuses a man of being the father of her child or vice versa, this is a legal dispute called a paternity suit. Where paternity of a child is an issue, any party in interest, the mother, the father, or the child, can ask the court for a determination. A private action for paternity is usually either brought by the mother (at times with the counsel of an expert
San Diego divorce attorney) in order to get support or by the father to establish his legal rights as the father. Regardless of who brings the paternity suit to court, litigation can be brought by a private party.
In San Diego divorce lawyers advise clients to familiarize themselves with terms and definitions of paternity suits when filing this type of case
A person identified as the child’s father in paternity suits is called the “putative father”. When the suit names the putative father as a defendant in a paternity case, he has a choice of either consenting to the entry of a paternity judgment or contesting the action. If the putative father consents, he would sign a Declaration Acknowledging Paternity, which would establish the legal relationship between the father and the child. It is imperative that you seek the advice of a San Diego family law attorney in your area before consenting.
If the putative father denies that he is the father or is not sure, DNA tests based on a cheek swab conducted on him, the mother, and the child can indicate a probability of paternity. The tests can exclude a man who is not the biological father and show the likelihood of paternity if he is not excluded.
DNA testing has become the most powerful test for determining paternity and is admissible in paternity trials. The percentage is usually from 95 to 99 percent. That means that if the test determines that the probability is that percentage or higher, paternity is presumed. The burden is on the putative father to rebut the presumption, which is a very difficult task. In addition to child support, paternity establishes emotional, social, and economic ties between the father and the child. Once paternity is legally established, the child gains certain legal rights and privileges.
In California, there are critical time limitations on bringing an action for paternity. Therefore, in order to protect your rights as a father, mother, or those of your child, it is important that you check with an experienced San Diego family law attorney regarding paternity laws.
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06.13.09
Posted in Law at 2:33 am by backesfamilylaw
More and more people are choosing to use private divorce mediation as a constructive alternative to resolving their case in a courtroom battle. It is less expensive, completely confidential, and can be resolved in much less time than using the court system for resolution of your differences, according to a top
San Diego family law attorney we spoke to recently. The costs are cheaper because you and your spouse “share†the mediator’s hourly fees. In litigation, both you and your spouse are paying two attorneys.
The average time you and your spouse spend with a San Diego family law mediator, (depending on your particular facts and issues) likely will take 3 to 6 months. In contrast, a resolution in court may take 18 months to 2 years, on average. It drastically reduces the number of court hearings as well.
The Mediator will provide the legal information to both spouses and explain how it applies, without taking sides and without giving legal advice. It is not an adversarial process at all. Rather, it is more like participating in business meetings and is much less stressful than court.
Depending on the complexity of your particular case, joint appraisers, financial planners, tax attorneys, child custody lawyers, and other experts may be consulted during the mediation. They can help resolve complex valuation and income issues in a cost-effective fashion.
If at any time during the Mediation, you are not satisfied, you can stop the Mediation, retain your own attorney and go to court. A judge will decide the disputed issues. However, it is important that you understand that the discussions and tentative agreements in the mediation remain confidential and cannot be introduced into evidence in court. This rule makes it easier for you to make offers and consider alternatives, and even change your mind in mediation without feeling boxed in.
San Diego family lawyers agree that mediation is a real alternative to consider for couples who are able to communicate with each other. All they need is a willingness to start the mediation process. The mediator is there to give you the legal information you need and to guide you to make joint decisions that are fair. It is the Mediator’s goal to obtain final results for you that are realistic and workable and that reflect each party’s needs.
At the end of the Mediation sessions and after all your particular conflicts have been worked out, the Mediator will prepare a final legal agreement that will include all the issues in your divorce, including the division of the community estate (assets and debts), child custody and support, spousal support, agreements regarding family-owned businesses, and attorney fees. The mediator has everyone review and sign the agreement and has it filed with the Court as part of the judgment of divorce. That judgment is a legally-enforceable document. It has the same force and effect as if a judge had decided your case in court.
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05.14.09
Posted in Law at 2:19 am by backesfamilylaw

Many will agree that premarital agreements may be prudent, but they just don’t feel good.
Most people don’t draft prenuptial agreements nor do they give consideration to seeking legal help from a child custody attorney down the line (because kids usually are not in the picture yet). It feels like giving up on your marriage before even getting started. Recommending a premarital agreement is asking two people who are thoroughly in love and convinced that this is a marriage made to last forever to, in effect, negotiate their divorce settlement before they say “I do.” Any way you dress it up, that’s a real downer for romance. Regardless, it may be the smartest decision you make.
In California, you can only enforce a prenuptial agreement if it’s fair at the time you’re enforcing it (a tough standard). There are many requirements that must be met in drafting an agreement that will be enforceable. It may be voidable if the party you’re trying to enforce it against had representation when you negotiated and signed the agreement and you did not, or if you signed it less that seven days before you got married. Consequently, in family law San Diego couples who negotiate and execute prenuptial agreements are both represented by lawyers.
If you and your new spouse-to-be really aren’t going to do the prenuptial thing, there are some practical steps both of you can take to control the way your property, debts, income and expenses merge. Many San Diego divorce attorneys recommend that you first, prepare a thorough inventory of everything you own and everything you owe as of your wedding day. You can do this without even sharing it with your spouse. But if the two of you can cooperate, you could each prepare an inventory and then sign a document indicating that you’ve each shared this information with your spouse.
Second, to the extent that you want property you acquired before your marriage to remain separate, treat it that way. Don’t use it for the benefit of the marriage. San Diego family law experts explain that if you sell or liquidate any of it, make sure you deposit the proceeds in a separate account in your name only and that you don’t use the proceeds for the benefit of the marriage.
If you already know that you’re going to use some of your separate property for the benefit of the marriage, go ahead and pull out that much cash and deposit it into an account you can both draw out of, leaving the remainder of the separate property in the original account and preserving its separateness.
As your marriage continues, you may be tempted to tap into your separate property account for expenses of the marriage, like a down payment on a house or an investment in a business. Just realize that every time you tap your separate property for a marital purpose, you make it look more like marital community property.
Disclaimer: This blog or article is for information purpose only, and should not be treated a professional advise or price protection guarantee. This blog is mainly used for search engine optimization and other commercial purposes and it is advised that readers seek professional consultation in the field of interest for more information.
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