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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
44 Questions Answered

Q. We are both on the deed of the home we share but I'm the only borrower on the mortgage. If we split who calls the shots?
A: If the home is in both of your names, the two of you have equal authority over its disposition. If you can't agree, a judge will decide (assuming you open up a divorce case). If the house was acquired after the date of marriage but before the date of separation, it is presumptively community property.
Q. Should I file something to request more statements? Or wait till first family resolution conference? (details below)
A: Good question. There is no official form, but you could write a letter or email requesting the information.
Q. I have filed for modification of child custody and parenting time, there is clear cut Parental alienation
A: This is a question that can best be answered over the telephone so I can understand why you are having so much trouble. Please call 619-515-9900, and if there is no answer, please indicate a good time for me to call you back.
Q. Is it required by the mediator in family law to read any documents or declaration before meeting with the parents
A: It depends on the county. Sadly, mediators -- even though some are tasked with making written recommendations to the judge-- do not always read declarations. In counties where the mediator participates in "confidential mediation", it is less crucial because if the parties do not reach an agreement, the mediator, now more commonly referred to as a counselor, just lets the court know that no agreement was reached. But if the counselor is supposed to make a written recommendation, you would think that by statute, he or she would have to read declarations that were timely submitted. But, at least here in San Diego County, though we used to have the practice of submitting declarations to the mediator as long as certain deadlines were met (and even though we are a "reporting" county with written recommendations made to the judge whenever an agreement cannot be reached), handing documents to the counselor at mediation is not allowed.
Q. How can I seek divorce with an uncooperative husband?
A: You are correct that if there is a disparity in income, a court can order the high earner to pay some or all of the lower earner's fees. While you cannot sue him for emotional distress, you may be entitled to alimony or spousal support. You would need to file a motion (called an "RFO") for spousal support and probably attorney fees. He would need to file a response, or else the judge might just give you whatever you ask. Whatever the case may be, you do not need his permission or cooperation to get a divorce. Give us a call at 619-515-9900 if you have more questions.
Q. IF I FILE FORE DIVORCE AND FULL CUSTODY AND LEAVE THE STATE WILL I GET IN TROUBLE, IM AFRAID OF MY HUSBAND REACTION
A: Once you file for divorce in California, you are not allowed to remove the minor children of the marriage from California until there is a final judgment as to child custody and visitation. There are two exceptions: one, you can ask the judge for an exception and the judge can say yes; or two, you can ask the other parent for written permission, which, if granted, allows you to remove the children. (I realize that this may not be likely given the history between the two of you.)
Q. together 16 years legally married 9 kids, own home What am I entitled to He says nothing because I’m a homemaker
A: That is incorrect. California is a community property state. So, if property or debt was acquired after marriage but before the break-up, while you were living in California, that property is community property. California law requires all community property assets and debts to be divided equally. The fact that you might not have worked outside of the home has nothing to do with the analysis.
Q. I'm trying to find out how to get a restraining order against someone in a different state.
A: You could get a civil restraining order, which is different from a domestic violence restraining order. The difference, among other things, is that you have to prove, by clear and convincing evidence, the facts that warrant a restraining order (as opposed to a family law restraining order, where the burden of proof is lower). Also, the restraining order, in your case, could last only three years, whereas a family law restraining order lasts up to five years. It's up to each judge how to handle cases like yours, but the fact the other person is in Pennsylvania should not be a problem because that person has caused an effect in California and therefore is subject to California's personal jurisdiction. Also, the other person would have to be personally served. This could be done by getting a California process server to make contact with a process server in Pennsylvania in the part of that state where the person lives.
Q. I have a court date of Dec 18th and my ex just sent me his response today, Dec 13. Isn't there certain amount of days?
A: Absent an order shortening time from the judge, the responding party must file its written response nine court days before the hearing. If your hearing is the 18th, the responsive pleadings would have had to have been served and filed no later than 12/5/18. I am assuming that your hearing on the 18th is an RFO ("Request for Order"). If it's a trial, the deadline might be something else.
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1901 1st Ave
2FL
San Diego, CA 92101
USA
Telephone: (619) 515-9900
Fax: (619) 515-9898