Family Law Practice Areas
At Primus Family Law Group, we provide zealous representation for individuals going through any number of family law matters. You may have minor children and need help with custody, visitation and/or support issues or you may need help resolving spousal support or property division issues. San Diego Certified Family Law Specialist Bonnie A. Rabinovitch-Mantel, Attorneys Tiffany K. Brown and Kim Marie Staron are here to help. Learn more about our practice areas and contact us to schedule a free telephone consultation.
Practice Area Descriptions
Every divorce is unique because it involves very personal issues that relate to your particular family situation. However, every divorce also faces many of the same issues such as custody & visitation, child & spousal support, and property division. We, at Primus Family Law Group, promise to guide you through the process of divorce while considering those issues unique to your family.
We understand that your family law case may be your first time working with any attorney. We make it our priority to answer your questions, even those you may not have thought to ask, from your initial consultation through the signing of any final paperwork. We want to educate you about everything you need to know to make informed decisions as your case moves forward.
Going through a divorce can be difficult enough, but going through a divorce when children are involved can make it even more complicated.You may have many questions regarding who is to pay what to whom or how to share the children, what is the most appropriate sharing arrangement considering their ages, school distance from your residence, parents’ work schedule, etc.
Our attorneys have a track record of success at helping parents find a mutually appropriate schedule for sharing their children. And, should negotiations fail, our attorneys are highly skilled at explaining to judges your position on what child visitation schedule is in the best interests of your children.
On the surface, calculating child support seems relatively simple. There is a set formula that is based primarily on each parent’s income and their child custody. However, people often make a variety of mistakes when trying to figure out child support during a divorce or paternity action. For example, people often base it on net income, when it is actually based on gross income.
At Primus Family Law Group, we take great care to calculate child support as accurately as possible because we know how much it impacts your entire household.
Do Not Rely on an Online Child Support Calculator!
Many websites offer free child support calculators. You may have used one already. Unfortunately, these calculators are often wildly inaccurate. In fact, if you randomly choose any two of them and enter the same information, you may find that the results can vary by hundreds of dollars. So, how much will child support payments really be?
When Primus Family Law Group attorneys provide an estimate of the payments, it is only after we have carefully reviewed all of the numbers. Then we use the same computer program that is used by the courts. You can be confident that the figures we provide are as accurate as possible.
Modification of Child Support or Child Sharing in San Diego
What happens when a party loses their job or gets a higher paying job? What happens when a party wants or needs to relocate from San Diego and may want to take the children with them? What happens when the children are old enough to have a legal say in the child sharing arrangements? How do the current court orders get changed to reflect these changes in the familial circumstances?
This is where modifications come into play. Family Law is not just about divorce and the division of property. It’s a fluid area of law that may require minor tweaks or full blown modifications to the current orders as the children age and/or each parent’s circumstances change. In such circumstances, it is critical to have an experienced attorney on your side.
Sometimes parties agree to the changes that need to be made to child support or child sharing arrangements. These are amicable circumstances where an experienced Family Law attorney can properly draft the formal stipulation that will become the new court’s orders. In other situations, one party may be opposed to the requested changes. In these cases, we know how to bring the issue before the court for proper adjudication; expertly advocating for your position before the court.
When spousal support is a factor in the divorce, the lower income spouse may be entitled to financial support from the other spouse to maintain the marital standard of living. In San Diego, if the parties were married for less than 10 years, the spouse entitled to spousal support may receive support for half the length of the marriage. If the marriage is longer than 10 years, the spouse entitled to spousal support may be entitled to support until that spouse remarries or either party dies.
Long-Term Versus Short-Term Marriage
Disputes often arise when the divorce occurs right around the 10-year mark. In these situations, it is all the more important to choose a San Diego spousal support attorney with the experience to overcome these challenges.
Forms of Spousal Support
When spousal support is required, it may come in the form of regular monthly payments. It may also be negotiated as a lump sum. In some cases, it may be waived or replaced with a larger portion of the community property. There are many options available, and our team of attorneys can guide you toward the one that makes the most sense in your case.
According to California Family Law, anything acquired during the marriage, regardless of which spouse purchased it, is presumed to be community property and subject to equal division during divorce or legal separation.
Is It Separate Property Or Community Property?
One of the first steps that needs to be taken prior to dividing property is to determine what items are separate property. Separate property is any property you acquired prior to the marriage, since separation or during the marriage by inheritance, bequest, devise and/or gift and any accumulations to that property. All else is considered community property and subject to equal division.
We understand how to address property of all types, including homes, cars, retirement accounts, businesses and even family pets.
How Much Is It Worth?
It is important to understand how property is valued by the court. Your household property, from the television set to the furniture, is not worth what you paid for it. Replacement cost is not the value of the property. Property is worth what it could be sold for at a garage sale, which in most cases is not much.
While these issues can lead to heated disputes, it is important to look at the big picture. At Primus Family Law Group, our attorneys pick our battles wisely, saving our client’s time and money in order to focus on what is important for the client.
Primus Family Law Group frequently handles divorce and related matters for Navy, Marine, Air Force and Coast Guard personnel, including those stationed at Marine Corps Air Station Miramar, Marine Corps Recruit Depot San Diego, Naval Base Point Loma and Naval Base San Diego.
These cases often involve unique scenarios, such as parents stationed overseas who want to ensure a continued and strong relationship with children, or how to characterize and divide the military member’s retirement. We have plenty of experience in representing those going through a Military divorce in San Diego and know how to guide you through them.
When two unmarried persons have a child and the relationship breaks down, a Paternity Action is required to establish the parent-child relationship. It is called a Paternity Action because in San Diego, it is the father whose relationship to the child must be formally and legally established, but either parent may file for such parental determination.
A parent may absolutely know he is the child’s father and be willing to admit to the child’s paternity or he may be uncertain and want a DNA test.
Once the parent-child relationship is legally determined, that parent is not only entitled to custody and visitation but is also “on the hook” for the child’s financial support and maintenance. Our Primus Family Law Group attorneys have many years experience handling paternity actions in San Diego.
Primus Family Law Group is proud to handle Domestic Partnerships. Domestic partnerships in San Diego County are handled in much the same way as traditional divorces and legal separations and have the same issues and concerns with respect to custody, visitation, support and property division.
Divorce Mediation is a process that encourages and supports communication and resolution between parties. The purpose of mediation is to help people in conflict devise their own solutions while considering each party’s perspective and position on the issues. Mediation gives the parties an opportunity to meet and try to resolve their divorce in a more informal setting that may end up being less expensive emotionally and financially than litigation. If mediation is unsuccessful, however, the attorney/mediator would be unable to represent either party in any subsequent litigation.
Issues surrounding child custody, visitation, support and property division are always challenging. At Primus Family Law Group, we strive whenever possible to help couples come to agreement on all the major issues confronting them in a dissolution of marriage, legal separation or the termination of a domestic partnership. We do whatever we can to facilitate agreement and to make the process as painless as possible, using a balanced, right and reasonable approach to help couples work out their differences.
We begin the process of crafting customized prenuptial agreements by getting to know your unique situation. What assets do you have that need to be protected? What are your goals? Only after asking these questions can we create a document that will truly meet your needs.
Depending on your needs, your prenuptial agreement may be a single page or it could be much more complex if it requires providing for different outcomes to accommodate a wide range of scenarios.
Various factors can weaken a prenuptial agreement or cause it to be disregarded entirely — for example, if the spouse agreeing to it does not have the opportunity to have it reviewed by his or her own lawyer or if all assets and debts are not disclosed. The collective experience of our San Diego based Family Law attorneys brings the skill and care necessary in creating solid prenuptial agreements that can withstand future legal challenges.
We understand that seeking out a family law attorney can come at challenging time in life. It is our passion to help our clients, their families, and their children achieve what is right and reasonable in the most efficient manner possible.
During this stressful time, some extra help is usually appreciated. At Primus Family Law Group, we offer Free 30 Minute Phone Consultations to see if we can do just that.
Please inquire at: 619.574.8000
At Primus Family Law Group, we provide zealous advocacy for individuals seeking a divorce in San Diego, who have minor children and need help with custody or support issues, and for those who need help resolving property issues or spousal support issues. San Diego Certified Family Law Specialist Bonnie A. Rabinovitch-Mantel and Attorney Kim Marie Staron passionately believe that right & reasonable outcomes are attained by putting our clients first! Use the button below to schedule a consultation.
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Primus Family Law Group proudly serves the Greater San Diego area including its metropolitan communities such as Downtown San Diego, La Jolla, Mission Valley, La Mesa, Kearny Mesa, and Clairemont; reaching the coast in areas such as Mission Beach, Pacific Beach, Solana Beach, Del Mar, Encinitas, and Carlsbad; reaching Oceanside, Camp Pendelton, Vista, San Marcos, Escondido, Rancho Bernardo, Mira Mesa, Scripps Ranch, Chula Vista, Imperial County, Otay Ranch, Chula Vista, and many more.
Our team of attorneys represent a combined three decades of experience in practicing Family Law in San Diego.