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Andy Cook

Andy Cook

Law Offices of Andy Cook
  • Divorce, Family Law, Domestic Violence
  • California
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Summary

Andy Cook is here to help you! With a great courtroom presence (he used to be a professional announcer) and strong writing skills, Andy is able to get your message across to the many family law judges in San Diego County.

Andy Cook handles family law matters exclusively. He has one associate attorney and has run his own practice in the Bankers Hill area of San Diego, located about a mile from the main San Diego Family Law Court, for over 23 years. Andy has been Certified as a Family Law Specialist by the State Bar of California, Board of Legal Specialization for over 15 years and has been rated "AV Preeminent" by Martindale Hubbell's Peer Review program. He was a member of the Board of Directors of the San Diego County Bar Association from 2013-2016.

Andy is a member of the California Association of Certified Family Law Specialists; the California Lawyers Association (and its Family Law section); the San Diego County Bar Association (and its Family Law section); and the San Diego County Family Law Bar Association.

Andy is a graduate of the University of Vermont and California Western School of Law.

He lives in the Carmel Valley section of San Diego.

He is married with two children.

Practice Areas
  • Divorce
  • Family Law
  • Domestic Violence
Fees
  • Free Consultation
  • Credit Cards Accepted
    Visa, MasterCard, Discover, American Express
Jurisdictions Admitted to Practice
California
9th Circuit
U.S. Supreme Court
Languages
  • English: Spoken, Written
Professional Experience
Owner
Law Offices of Andy Cook
- Current
Exclusive Family Law practice in the Bankers Hill area of San Diego.
Education
California Western School of Law
J.D. (1993) | Traynor Moot Court (co-champions brief writing and second place oral argument) and National Moot Court Competitions
Honors: First Year Honors Instructor
University of Vermont
B.A. (1984) | Major in History
Awards
Best of the Bar, 2017
San Diego Business Journal
Best of the Bar, 2016
San Diego Business Journal
Awarded in the Category of Family Law
Professional Associations
California Lawyers Association
Member
- Current
Activities: Member of Family Law section
California Western School of Law Council of Visitors
Member
- Current
Tom Homann LGBT Law Association
Member
- Current
Lawyers Club (San Diego)
Member
- Current
Consumer Attorneys of San Diego
Member
- Current
(California) Association of Certified Family Law Specialists
Member
- Current
State Bar of California # 171354
Member
- Current
San Diego County Bar Association
Member at Large
- Current
San Diego County Bar Association
Member, Board of Directors
-
California Western School of Law Alumni Association, Board of Directors
Member
-
Speaking Engagements
Speaker, Divorce Cases from Start to Finish for Paralegals, San Diego
National Business Institute
Speaker, Periodic Meeting, San Diego
San Diego Chapter, California Society of Certified Public Accountants
Panelist, What Family Law Judges Want You to Know, San Diego
National Business Institute
Panelist, Roadmap Through Divorce Proceedings, San Diego
National Business Institute
Panelist, Handling Military Issues in Family Law, San Diego
Halfmoon Seminars
Faculty Member, Advanced Family Law, San Diego
National Business Institute
Moderator, What Family Law Judges Want You to Know, San Diego
National Business Institute
Co-presenter of Case Law and Statutory Update, 28th Winter Seminar of the Certified Family Law Specialists of the San Diego County Bar Association, San Diego
San Diego County Bar Association
Moderator, Judges' Orientation Program - Family Law, San Diego
San Diego County Bar Association
Moderator, As Family Court Judges See It: Top Mistakes Attorneys Make in Litigating Divorce, San Diego
National Business Institute
Moderator, As Family Court Judges See It: Top Mistakes Attorneys Make in Litigating Divorce, San Diego
National Business Institute
Certifications
Family Law Specialist
State Bar of California, Board of Legal Specialization
Websites & Blogs
Website
Website
Legal Answers
32 Questions Answered

Q. I am married with two kids, 9 and 11. I am thinking about filing for a divorce and would like to know my rights.
A: This is a broad question, but I would start off with whether you are still living together and whether there have been any allegations of, or actual incidents of, domestic violence. If you are not living together, who are the kids primarily with and who is the high earner? Have you or your spouse or both of you lived in your county for at least three months and California for at least six months? Did you have a prenuptial agreement? Spousal support is at play if there is a serious income disparity between the two of you. Spousal support might last a long time because the marriage was over ten years. All bank accounts, credit card debt and retirement accounts are subject to division because California is one of nine states that follow community property law. I hope this helps. Your type of question is best handled by a confidential consultation, either in person or over the phone (619-515-9900). I only handle family law matters and I have been a certified family law specialist (as designated by the State Bar of California, Board of Legal Specialization) for over 15 years.
Q. My mother has dementia and her husband is a hoarder. How do I help my mother divorce the is declared incompetent?
A: Assuming the parties live in California, a petition for divorce could be filed here. If your mother files for divorce, there could be an issue as to her mental competence, but usually the party challenging competence loses except in extreme cases. Of course, nothing prevents you from simply going to California and taking your mother and the two of you going back to Rhode Island. Because there are no minor children, and because your mother is an adult, this would be perfectly legal. Although a divorce would divide up property and address other issues, such as support, you don't have to file divorce to leave the state or get permission from a court to leave the state with your mother.
Q. If my ex husband is trying to take full custody of my 16 year old and 11 year old, can I tell my children?
A: You may, absent a court order to the contrary; but you shouldn't. Keep the kids out of it until it is no longer possible.
Q. I’ve been married 32yrs and my husband just walk out and left me with no insurance for my medical needs,and no money
A: If you file for divorce, you can request spousal support; the sooner you file the sooner you can make the request, and the sooner you can have the hearing. For an initial request for spousal support, San Diego judges use a computer formula to calculate spousal support more often than they do not. It is not clear from your question whether you are employed or not, but if you are not --or if he makes a lot more than you do-- you should receive spousal support (and a good amount of it). If you can't wait to the hearing date, you can make an emergency application to the court within a day after you file for divorce. A judge might order your husband to divide some of the bank accounts so that you have money to get by until after the hearing.
Q. Does a 16 year old have any say about who they want to live with.
A: Probably yes. Under California Family Code section 3042, a person age 14 or older has the right to "address" the court. That doesn't mean that the court has to do what the child wants; the court still has to evaluate the maturity of the child, the nature of what he or she is asking for, and whether this in the best interests of the child. A hearing has to be scheduled for the child to "address" the court.
Q. My son lives with me and goes to school by my house, me and his mother do not have a court order in place
A: By law, the person who has the child more than 50 percent gets to claim the child as a dependent, unless the parties agree otherwise and fill out the proper government form to formalize their agreement; or a judge orders the party who would otherwise get to claim the child to fill out the form so that the other parent can claim the child.
Q. single father custody of children paying 633 a month in child support court case 11/28/18
A: You should immediately file a motion to modify child support to zero, or even to have the mother pay you child support. Beyond that, at the hearing on 11/28/18, you should ask for an equitable offset and a refund because the mother was getting child support even though you had the child or children in a different state. I am out of the office today, but I will be back on Tuesday at 619-515-9900.
Q. I have a existing child support order do I have to fill out a fl-150 form when filing for divorce?
A: It is not necessary to file an income and expense declaration when filing for divorce.
Q. What rights does a domestic partner haven regards to a 401k or pension account of the partner that has worked
A: If it was a registered domestic partnership, there would be a community interest in the 401k plan. The non-contributing partner would be entitled to half of the community's interest. That is, of course, not the same thing as half of the 401K plan.
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Contact & Map
1901 1st Ave
2FL
San Diego, CA 92101
USA
Telephone: (619) 515-9900
Fax: (619) 515-9898