DEL MAR, CALIFORNIA--A Marital Settlement Agreement or "MSA" is an agreement between two spouses regarding the issues between them in their divorce. Marital Settlement Agreements can be very complex or very simple depending on the issues, the reasonableness of each spouse, and whether or not there are divorce lawyers involved in the case. Terms of a Marital Settlement Agreement The main categories of provisions contained in an MSA are: property division, debt division, spousal support, child support and child custody and visitation. Very specific language must be included in any MSA concerning terms regarding child custody and child support. If this language is not included, then the MSA will be deemed to be invalid. This is why it is always a good idea to at least consult with a divorce lawyer before entering into an MSA. Marital Assets Left Undivided Can Be Divided Years Later If there are any issues left unsettled as part of the Settlement Agreement, those issues are called unadjudicated. In the State of California, there is no statute of limitations regarding the division of an asset that is not divided as part of the MSA. I once had a case in ...

SAN DIEGO, CALIFORNIA- The Department of Child Support Services (DCSS) is an agency assigned with the task of representing the State of California's interest in ensuring that minor children are provided for financially. DCSS also represents the County of San Diego's interest in reclaiming monies paid out to custodial parents that have collected welfare or cash aid. A common misconception of DCSS is that they actually represent the custodial parent in the child support case. This is technically incorrect. While the County of San Diego and the custodial parent may share the same position, meaning the position that the child support order against the non-custodial parent should be maximized, DCSS does not represent and does not file papers on behalf of the custodial parent. Once a case is opened with the Department of Child Support Services, the Family Court loses its jurisdiction or power to make or to modify the order for child support in that case. Occassionally , a custodial parent will request that the DCSS open a child support case in the middle of a divorce proceeding in family court. When this happens, the judge in the divorce case will no longer ...

SAN DIEGO, CALIFORNIA - Once a child custody order is made by a family court judge in California, it is subject to modification anytime there is a change in circumstances such that a change in the child custody or visitation orders would be in the best interests of the children. The "best interest" standard is the golden rule in family court proceedings involving the custody of children. The family court judge has wide discretion when it comes to making orders in this area and can take into consideration a wide variety of factors and circumstances including the financial circumstances of both parents, the living conditions of both parents, the relationships and lifestyle of both parents, any history of drug or alcohol use or abuse, the choice of the children of sufficient age to reason, and even the school district wherein the parents reside. The modification of child custody or visitation begins with the filing of a motion to modify. Once filed, the Court will set two dates. The first date is a date for the parties to attempt to mediate an agreement at what is called Family Court Services Mediation or "FCS" in San Diego ...

CARLSBAD, CALIFORNIA - Celebrity divorce battles tend to dominate the tabloids. Due to the public nature of divorces between celebrities and their spouses, knowledge of property division has become more common. John Griffith, a family law attorney in Del Mar, California, breaks down how property division works and what you can expect when going through a divorce. "In California, assets or debt which were acquired during the marriage is considered community property," says Griffith. "The courts will divide these equally between both spouses if they are unable to arrive at an agreement on their own." These high profile separations tend to set the standard for prenuptial agreement guidelines worldwide. Professional athletes are some of the more prominent cases since occasional indiscretion often results in very brutal and public divorces with the tabloids parading the total sum of the settlement the spouses receive.

On February 23, 2012, Attorney John Griffith obtained favorable orders from a San Diego Family Law Judge in a highly contested child custody case. Griffith & Young represent a divorce litigant that was accused early on in the case of severe alcoholism and child abuse. These alegations were false. Nonetheless, the Court ordered supervised visitation, an alcohol assessment from a psychologist, and that the parties mediate the issue of child custody with a private mediator. The private mediator, who will remain nameless, recommended that the client of Griffith & Young have no visitation whatsoever with the children. This report did not consider favorable evidence contradicting the recommendation and was obviously one sided and unfair. Over the course of the past several months, Griffith & Young has been advising and representing the client through numerous court hearings in an effort to undo the damage caused by the false allegations. Today, attorney Griffith was able to present documentary evidence, testimony and argument which had a great impact on the case. His cross examination of the child custody mediator in the case was sufficient to cause the Judge to make orders counter to ...

Unfortunately, military families often face an uphill struggle when it comes to keeping the family together. The stressors associated with military life often result in unhappy marriages, dissatisfied spouses, and unfortunately, ultimately divorce or legal separation. Military Divorce brings with it a unique set of issues often not present in civilian divorce cases. These issues are directly related to the benefits, lifestyle, and obligations of the military spouse. Child Custody Issues In Military Divorce Child custody issues are unique for military families due to the work schedule of the military spouse as well as the potential for deployment. Further, often military families are stationed in an area that they may not have otherwise lived. In cases like this, often the non-military spouse will seek to move back to his or her home state. Due to the work schedule and opportunity for deployment of the military spouse, a co-parenting plan that will provide for equal time between the parents is difficult to negotiate. The parents should always try to work together to figure out the best schedule for the children considering the circumstances. However, if push comes to shove, the military spouse may want to ...

SAN DIEGO, CALIFORNIA - Attorney John Griffith of Griffith & Young, APC, recently obtained favorable orders for child support and spousal support from a San Diego Family Court judge. Often, child support cases are litigated for several months before a ruling is made on the request for support. Griffith represented the wife and mother of two through her divorce for more than a year and a half. The issues of child custody, child support and spousal support were extensively litigated.

It is well publicized that Kris Humphries gave Kim Kardashian a 20.5 karat, estimated $2 million engagement ring and that the couple split after just a few short months of marriage. Kim has been publicly ridiculed regarding her insistence on keeping the ring. However, recently disclosed details regarding an alleged prenuptial agreement between Kim Kardashian and NBA star Kris Humphries has revealed that Kim insisted on including a clause in the prenup that provided that should the couple ever spilt up, Kim would be allowed to keep the ring as long as she reimbursed Kris for the value of the ring. Now apparently she is on the hook for $2 million if she wants to keep the rock.

The state of California requires that the Petitioner, or moving party, in a divorce case live in the state of California for at least six months prior to filing for divorce. Once this jurisdictional requirement has been met, that person may file a Petition for Dissolution and request that a California Family Court handle the divorce. Once filed, the Petition must be personally served on the other spouse. The date of service of the Petition is the date that the Court acquires jurisdiction over the other party (who will be named the Respondent). The Respondent has thirty days to respond to the petition or the Petitioner may request that the Court enter a default against the Respondent and proceed with the divorce without that person's input.

Pop sensation Katy Perry and actor Russell Brand were married in October of 2010. Brand filed for divorce in December of 2011, a marriage of just more than a year. The couple did not have a prenuptial agreement. Katy Perry had a spectacular year grossing nearly $44 million between May of 2010 and May of 2011. According to California community property law, Brand would be entitled to one half of Perry's earnings between the date of marriage and the date of separation--an estimated $20 million. This doesn't even include any amount of monthly spousal support Brand may be entitled to being that Perry was the higher wage earner. However, apparently Brand is requesting not a penny from Perry.