San Diego Family Law/Frequently Asked Questions

Why is a hiring a certified family-law specialist an important consideration in selecting an attorney? The State of California has set rigorous standards for knowledge and experience in various areas of law before an attorney can become board-certified. Fewer than 1,000 of California's 200,000 attorneys (or .05 percent) are board-certified in Family Law. Before attorneys can refer to themselves as a specialist in an area of law, they must obtain board certification. Very few attorneys meet the requirements or rigorous demands necessary to become board certified. Hiring a board-certified attorney helps ensure that you are retaining the services of an attorney who is a certified specialist in his or her area of law.

What types of law are included in Family Law? Family Law cases are civil cases handled through the four Family Law courthouses in San Diego County, including the Madge Bradley Courthouse and the 6th Avenue locations in San Diego; the North County Division on South Melrose in Vista; and the East County Division in El Cajon.

Family Law cases consist largely of divorce, child custody and support issues, although it also encompasses other areas of law, including adoption.

If child support is set by a state-mandated formula, why do I need an attorney? While the amount of child support is often determined using a state formula based on income, determining income is often a highly contentious debate. Child support orders are much easier to get right the first time than they are to change. Hiring an experienced Family Law attorney is advisable.

How can I get spousal support and how long can I receive payment? There are no set guidelines for determining spousal support in San Diego County. A judge will make the determination based on the arguments of attorneys and decades of case law and court decisions. By focusing exclusively on Family Law, our attorneys and staff have the knowledge, resources and experience necessary to fight for the best outcome possible in your case. In short-term marriages, spousal support is typically available for half the length of the marriage. For longer marriages, there is no set termination for support payments. Another reason to seek the advice of a veteran San Diego Family Law attorney.

What is marital property? Let's decide! While California law mandates an equal division of marital assets, determining what constitutes a marital asset is one of the most critical aspects of a divorce case. For instance, will retirement accounts be included? Will a property owned by a spouse before marriage be considered a marital asset? Seeking the advice of an experienced divorce attorney is critical to fighting for a just settlement during a divorce case.

Why is valuation important? Determining a fair valuation - or a valuation fairest to you - is extremely important during a divorce case. For instance, will a home be valued at its purchase price, or its current fair market value? While California law requires an equal division of marital property, valuation can significantly impact the end result. As a law firm dedicated to fighting for the rights of our clients during divorce, child custody, and other Family Law matters, the Law Office of Thomas M. Huguenor has the knowledge, experience, resources and access to accountants, property appraisers and other legal and professional experts to help ensure you are getting the best deal possible.

I suspect my spouse is hiding assets. What can I do? An attempt by a spouse to hide assets is one of the most common challenges in achieving the best settlement possible in a divorce case. Attorney Huguenor has been representing clients in divorce cases since 1972. From offshore bank accounts, to shoeboxes stuffed with cash, he has fought virtually every trick in the book and has the knowledge, experience and legal resources to fight for a fair settlement on your behalf.

What about restraining orders, domestic violence or child abuse allegations? Restraining orders and abuse allegations can dramatically impact a divorce or child custody case. An abused spouse can seek restraining orders, which effectively provide temporary child custody and sole use of the marital residence. In other cases, vindictive allegations are made, which are best countered by an aggressive and experienced divorce attorney.

How about the expense of hiring a divorce attorney? What if I cannot afford an attorney? At the Law Office of Thomas M. Huguenor, we believe you cannot afford to not hire a qualified and experienced attorney. Our firm was founded on the principle that everyone deserves access to quality legal representation. A divorce can have a life-long impact on your quality-of-life and your future emotional, physical and financial well-being. Child custody cases can dramatically impact your relationship with your children forever. If you are concerned about cost, our office offers a free and confidential consultation and we will discuss payment options with you at that time.