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San Diego Divorce Attorney

Attorney Michael B. Black
Phone: 619-206-2056

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Local Legal News

Irreconcilable differences
"A DIVORCE is like an amputation; you survive, but there's less of you," wrote the novelist Margaret Atwood. Although the law courts attempt "justice" in the break-up of a marriage, in reality nothing can assuage the pain and loss of a family and home torn asunder. In Malaysia, however, the already messy business of a matrimonial dispute is enormously compounded should one spouse choose to convert to Islam, which lands both parties in the grey area between two sets of laws -- the secular and the syariah. On Thursday, the Federal Court tried adroitly to find a way through the legal conundrums besetting R. Subashini, whose estranged husband T. Saravanan had become a Muslim, converted one of their two children and was seeking an annulment in the syariah courts. The Federal Court's 2-1 split decision was a fair reflection of its dilemma. To widespread relief, the justices were, first and foremost, unanimous in deciding that the civil courts had jurisdiction over unions under the Law Reform (Marriage and Divorce) Act 1976. Indeed, it would be ridiculous, and grossly unjust, for a marriage, or any other contract, made under civil law to be liable for dissolution under a different law. Although the Federal Court rejected Subashini's application for an injunction to stop her husband from going to the syariah courts, it was but on a technicality, and she was allowed to refile her case. On the other hand and somewhat confusingly, the judges also held that her husband's recourse to syariah law was not "an abuse of process" because he was a Muslim. In the matter of the child's conversion, the judges decided, heartbreakingly for Subashini, that the consent of only one parent was necessary. Even Solomon would have found it hard to trailblaze any middle ground in adjudicating on 4-year-old Dharvin's faith to the satisfaction of such an intransigent mother and father. But more significant was the judges' reluctance to conclude on the nub of the issue: whether jurisdiction ultimately belongs to the civil or syariah courts in cases epitomised by Subashini's. They did their best, weighing one against the other while sticking to the constitutional dictum that both courts were of equal standing. The judges allowed Subashini and Saravanan to pursue their separate avenues for redress, without intimating what might happen should the two paths conflict. Until there is more clarity in the laws for the couple's particular circumstances, they will have to go through another round of litigation before their travail can come to a close.

Law to require class for divorcing parents
A new version of the Nebraska Parenting Act signed into law in 2007 will create some additional requirements for parents undergoing a divorce starting in 2008. Beginning Jan. 1, parents who go through a divorce will be required to attend a basic-level parenting education class. The mandate is part of the new state law, LB554, which Gov. Dave Heineman signed during the summer. The law emphasizes working toward the best interests of children, keeping children safe and recognizing the effects of domestic intimate partner abuse, child abuse or neglect. Most parts of the law go into effect in 2008, while some are delayed until 2010. While an earlier version of the Parenting Act allowed the courts to decide when a parenting class should be recommended, the court will now be required to refer parents to a state-approved course. The change in the law is expected to have a significant impact on Hall County, where judges do not typically refer divorcing parents to the class, said Anne Buettner, a licensed mental health practitioner and marriage and family therapist who teaches the class for Hall and surrounding counties. The cost of the class is $40, which goes to the Central Mediation Center. Those who attend her class are primarily referrals from courts in other counties, Buettner said. Hall County District Judge James Livingston was out of the office and unavailable for comment on the issue, while Hall County District Judge Teresa Luther declined to comment. One of the goals of the basic-level education class is to minimize the potentially negative impact of parental conflict on children, Buettner said. During the one-night, three-hour class, parents are given tools to help them adjust to their changing family situation and make decisions that are in the best interests of the child. Course materials include information about the developmental stages of children, adjustments of children to parental separation, dispute resolution, domestic/intimate partner abuse and the legal process, among other topics. "It's not trying to legislate relationships," Buettner said. "This is all about the kids. "No doubt, it will make better adjustments for the children." Participation in the class may be delayed or waived by the court if "good cause" is shown. Parents who don't attend the class, however, will not experience a delay in the entry of a final judgment on their case by more than six months and cannot be punished by incarceration, according to the law. The court can also order parents to attend a second-level parenting education course if it determines evidence of child abuse or neglect, domestic intimate partner abuse or unresolved parental conflict. That course is not a requirement by law, however. Children can be ordered to attend approved child-of-divorce education courses as well. Instructors and materials for the classes must be approved by the Nebraska Supreme Court for the class to satisfy the requirements of the law. Locally, the basic-level parenting classes will be offered in Grand Island, Kearney and McCook, while a Spanish-language course will be available in Lexington. The second-level course will be available in Kearney as needed. Parents must also continue to submit parenting plans to the court, which generally includes an agreement between the two parties about parenting time and other arrangements. Those who can't agree on a parenting plan may be ordered by the court to participate in parenting plan mediation. If they have not reached an agreement by July 1, 2010, however, the court will be required to order mediation. The new law should help families cope with the effects of divorce, spread awareness about violence and abuse and ensure the best interests of children are served, Buettner said. After all, she said, "You can't divorce your children."

Divorce lawyers gear up for busy times
IT’S supposed to be the season of peace, love and goodwill. But the pressurised atmosphere of a family Christmas and New Year makes early January one of the busiest times of year for divorce lawyers, they have revealed. They blame the “cabin fever” effect of the festive period for a rush of divorce applications in the new year – especially when in-laws have been on the scene. The tradition of making a fresh start at New Year could also encourage married people to decide that now is the time to make the break. Maggie Davies, a Relate counsellor for South Wales, said Christmas was the hardest period of the year for most couples. She said, “There is always a crisis point at Christmas because suddenly the people in a relationship are thrust together. “There are a lot of financial pressures, people are having to deal with in-laws that they might not get on with or they may have small children to care for. “And alcohol can be a problem. People go to office parties and out to bars and their emotions can get out of control.” Katie McColgan, of South Wales law practice Berry Smith, said, “The festive season is often a turning point for couples who have been trying to hold on to a marriage they know deep down is failing. “It’s not unusual for pressures that have been kept under control all year to come to the surface as people spend more time in each other’s company over the holiday period. “Many will soldier on to ensure Christmas remains a magical time for their children, but once the presents have been unwrapped and the parties are over the effort becomes too much. “Most family lawyers receive a surge of inquiries once the new year begins from people who feel they have reached the end of the road in the relationship and want a divorce. “It’s a traumatic time for all concerned. As well as the emotional upheaval there are numerous practical matters to consider, such as what arrangements will be made for the children and how joint assets will be shared out.” Ayesha Vardag, a London-based matrimonial solicitor, said the stress of enforced proximity, conflict with extended family and over-indulgence in alcohol could make already strained relationships crack at the seams. “There is also a sense of ‘New Year, fresh start’ driving unhappy couples into making the leap, sometimes with little knowledge of the consequences,” she said. Cliff Arnall, a psychologist in Brecon, Powys, said a strong relationship would survive Christmas. “The problem with Christmas is the intensity of the behaviour. People are often cooped up. There’s this cabin fever effect,” said Mr Arnall, who specialises in the psychology of happiness. One small comment, perhaps by an in-law to their son or daughter, could set off recriminations. “You could see side-taking, like, ‘Last Christmas it was fine with my parents’,” he said. “You’ve also got the children factor. In the summer holidays the kids can play outside more. In winter, people tend to be in the house more. “On Christmas Day most children are happy playing with their toys, but after that it can become a stressful time if you don’t have anything planned. “Once Christmas Day is over, there’s the yearning for a bit of space. Going for a walk, going shopping or going to a cafe can help – just something to get out of the house.” People portrayed in the media having a wonderful Christmas raised people’s expectations. “The reality isn’t like that. Auntie Mavis winds you up when you make an afternoon visit every three of four months, but you think that because she’s been invited over for Christmas her behaviour is going to change in some way,” he added. “The truth is she will wind you up three times as much as in July or March.” He said the tradition of New Year resolutions could also contribute to the annual surge in divorce cases. “We can’t get away from this idea that January 1 is turning over a new leaf. If you’re in an ailing relationship, you can’t help thinking, ‘I’ve got another year to live with this person’. That negative thinking comes in, if Christmas hasn’t gone well.”

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SAN DIEGO DIVORCE

To get a divorce in California and in San Diego, you must meet California's residency requirement. Along with a divorce, a judge may also grant child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, division of property, and other orders.

Depending on the parties involved, a divorce can be a very unfriendly and even nasty time with lots of fighting going on between the spouses. If you are facing a divorce it is probably in your best interest to retain an attorney you feel is capable to represent your interests well and fairly.

A legal separation is different from a divorce in that it does not end a marriage. If you are legally separated and not divorced, you can't marry someone else. A legal separation works well for couples that want to live apart but do not want to get divorced, and they want to decide on money, property, and parenting issues. There are no residency requirements to meet for a legal separation.

If you marriage was never valid for any number of reasons such as one spouse was too young to legally marry, one spouse was already legally married to another, or there was use of force, fraud or physical or mental incapacity, you may ask for an annulment. In an annulment the court says your marriage is NOT legally valid.

DIVORCE INFORMATION

More information on divorce may be found at California Divorce Information and Domestic Partner Law Info and the AOC Center for Families, Children & the Courts.

The information provided at this web site is for general information purposes only. None of the material on this site constitutes legal advice. DO NOT act upon this information without first consulting an attorney.

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