(619) 440-5716 info@edsfirm.com

San Diego Family Law Firm

Divorce and Family Law issues can cause stress and anxiety. We are here to help.

San Diego Family Law Firm

Divorce and Family Law issues can cause stress and anxiety. We are here to help.

San Diego Family Law Firm

There are an infinite number of things our clients would rather do than search for a Family Law Attorney.  At EDS we understand this.  We know that you would rather see your dentist for a root canal than step in our offices due to the breakdown of a relationship.  If you have made it here, you are likely facing the uncertainty and stress that comes with family related matters.  The goal at EDS is to make a painful process as painless as possible.  We approach each case with you in mind.  Operating as delicately as need be, but aggressive when needed.  Think “handle with a velvet glove but fight with an iron fist.”

The impact these cases have on your family, finances and future, or your three Fs, can be devastating.  Reaching an agreement is always the least damaging route.  It allows you, and the opposing party, to dictate the outcome of the matter.  It limits your exposure to unneeded attorney fees.  However, there are times when this is not possible, and one must proceed in a more adversarial role, even trial.  You want to be prepared for this with experienced counsel.  Let us protect you.

Divorce and Dissolution of Marriage 

Going through a divorce is one of the most stressful things a person can to.  It is much more than the end of a marriage.  It will affect your friends, family, finances, property, etc.  The number one thing are clients are looking for through this process is closure.  At EDS our skilled family law attorneys will guide you through the process while protecting what matters most to you.

High Net Worth Divorce

High net-worth can be described as someone with liquid assets worth more than $1 million USD.  These divorce cases have a unique differences from a ‘standard divorce.’  While the procedure is practically similar, the attorneys at EDS understand the complexities that revolve around asset division.  We also understand the public perception and try to limit a high net-worth client’s public exposure.

 

Military Divorce

When you serve our country you shouldn’t have to deal with the added stress of your divorce.  Our goal is to make it as easy as possible.  The attorneys at EDS can help you get a ‘stay of proceedings’ under the Service members Civil Relief act if you are deployed.  If you would like the case to proceed, we can also make all the appearance required to get your case resolved.  You also need an attorney familiar with the issues that come along with your Military Pension.  At EDS we are well versed in Military Divorce cases and can help you from start to finish.

Same Sex Marriage

Same-sex couples have been fighting for equality for a long time.  This has been a long and hard-fought battle.  Since 2013, same-sex couples have had all the same rights as their counterparts.  The fact that many same-sex couples had been together for years prior to marriage creates a challenging problem regarding community property.  As a general rule, community property is only acquired during marriage, so property acquired prior to marriage is treated differently.

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Address: 

8880 Rio San Diego Drive, Suite 260

San Diego, CA 92108

Phone: (619) 440-5716

Email Address: info@edsfirm.com 

Property Division

California is a ‘community property’ state.  Simply put, any property acquired during marriage is presumed to be ‘community property,’ property held equally by the parties.  There are exceptions to this rule.  For instance, property acquired by gift or inheritance is typically the acquiring party’s separate property.  In your divorce, your property must be characterized and valued.  Then divided; community property is divided equally.  You need an attorney that is experienced in this area.  The attorneys at EDS have years of experience in this area.

Other Areas of Family Law

Marital Settlement Agreements: 

Most divorce cases end with a settlement.  This is done by the parties entering into a Marital Settlement Agreement or Stipulated Judgment.  Depending on the assets and issue in your case, these agreements can be simple or complex.  You need an attorney on your side that has experience with these agreements.  The attorneys at EDS have drafted and reviewed countless settlement agreements.

Spousal Support (Alimony): 

Spousal support (AKA alimony) is a common issue when one spouse earns significantly more than the other.  Typically, support is ordered to enable the lower-income spouse to maintain their standard of living until they can get back on their feet.  The length of marriage also plays a factor in a spousal support case.  If the parties were married over ten years the Court may order support for an indefinite period.  If married under ten years the support will likely have a set termination date.  It’s not always a given that a party will receive support.  Unlike child support, there is no ‘guideline’ amount for spousal support.  The Court will examine various factors to make this determination.  A lengthy list of the factors that may be considered are found in Family Code § 4320.  If you are going through a divorce, you need an attorney that is experienced with spousal support.  The attorneys at EDS have litigated many spousal support issues and are well versed in the applicable law.

Child Support: 

In California there is a ‘guideline’ for child support.  The ‘guideline’ formula is outlined in Family Code §§4050-4076.  The California guideline formula is presumed to be correct.  The Court has the discretion to deviate from guideline but only in limited circumstances.  The attorneys at EDS have the experience necessary to make sure these numbers are calculated correctly and you aren’t paying more child support than required by law.

Child Custody & Visitation: 

It is the policy of the state of California that each parent have ‘frequent and continuing contact’ with their minor children.  As you can imagine, this requirement is vague and can be different in each case.  Some it may mean once or twice per week; in others it may be an equal timeshare.  The court will use the ‘best interest’ standard when determining the appropriate timeshare.  This means the judge will determine what he or she believes is in the best interest of your child when making the custody and visitation decision.  Proving your case can be difficult and you need an attorney skilled in this area.  The attorneys at EDS have extensive experience in litigating issues revolving around Child Custody / Visitation.