2009 January Archive

A recent article on the website divorce360.com details the specifics behind joint custody arrangements, specifically after a divorce has taken place. While many people think that once a divorce is finalized, so is the child custody situation; that is not the case. In fact, you can file for modification custody of your children after the divorce based on changed circumstances.

In cases where the parents agree on the new arrangement, experienced family law attorneys can prepare the paperwork. Experienced child custody attorneys know that the most favorable child custody situation is one in which a parenting plan can be reached between the mother and father prior to appearing in court. By signing a stipulated agreement and presenting it to the courts, you don’t leave your child’s fate in the hands of a judge. Generally speaking, the court makes all of its decisions based on what’s best for the children.

California specifically states that it is the public policy of the state legislature to ensure frequent and continuing contact with both parents after separation. Courts also consider which parent will best facilitate a relationship with the other parents.

There are two categories of joint custody:

• Joint legal custody: an arrangement which gives both parents the authority to make decisions in areas such as medical, schooling, and religious instruction.
• Joint physical custody: involves the actual time the children spend with each parent beyond the provisions of a sole custody order.

Joint legal custody is essential to any custody agreement with the main issue being the decision making power it offers the parents. When it comes to things like health, education, and general welfare, the parent will have a say. An experienced family law attorney will be able to offer you the best advice when it comes to your particular circumstances to establish an arrangement that benefits all parties involved.

The future fate of your children is one of the most critical aspects of any divorce. The Los Angeles divorce attorneys at Wallin & Klarich have extensive experience in divorce and child custody proceedings. Our knowledge of the law and courts can be a valuable asset as you attempt to insure that you will have a say in your child’s ongoing development and growth. Contact our offices today at (888) 749-7428 for a free consultation of your child custody situation.

A recent article on the website divorce360.com discusses the top 10 legal mistakes that people make when they are getting a divorce. The list is taken from Loriann Hoff Oberlin’s “Surviving Separation and Divorce,” and covers topics that range from financial issues to legal loopholes to the dangers of making rash, emotional decisions.

According to the article, The 10 Legal Mistakes People Make When Getting A Divorce, are:

1. Believing your spouse will be fair and cooperative
2. Having totally unrealistic expectations or demands of what you will gain from the divorce
3. Not asking appropriate questions or signing documents without asking questions
4. Withholding information from your attorney
5. Not checking facts or figures given you by attorneys and others
6. Allowing emotions rather then logic to rule your legal decisions
7. Expecting the legal system to be fair and the court will see things from your perspective
8. Allowing too much time to pass before enforcing a court order
9. Forgetting tax ramifications of legal decisions and not hiring a financial advisor
10. Being a hindrance, not a help to your case

The majority of these mistakes stem from the same issues. Expectations people have when it comes to different aspects of their divorce, and not communicating properly with your family law attorney regarding your divorce.

Whether it’s believing your spouse will be cooperative during divorce proceedings, having unrealistic expectations over the gains (financial and/or property) divorce will garner, or expecting the court to see things the way you do, it is of the utmost importance in divorce proceedings to temper your expectations. Hiring a competent Southern California divorce attorney will go a long way in achieving this. A good divorce attorney will be straight and honest with you and make sure that any and all expectations you have from divorce proceedings are realistic ones.

It should be noted, however, that your attorney is only as useful as the information you give them. Withholding information from your attorney, or not employing the help of a financial advisor or divorce counselor when your attorney suggests you should hire one can have a negative effect on your divorce proceedings.

As with all relationships, communication is key. The Southern California family law attorneys at Wallin & Klarich pride ourselves on our helpful, friendly relationship we have with our clients. We realize that going through a divorce is a traumatic, life-changing experience and our Los Angeles divorce attorneys have the experience and tact to guide you through the process.

A recent article in the OrlandoSentinel.com interviewed local divorce lawyers and family law circuit court judges for some real-world advice on what to do and what not to do when it comes to filing a divorce. The examples offered in the article are chilling, extreme illustrations of what can go wrong when it comes to divorce filings, the division of assets, and division of finances.

The article offers several divorce “Horror Story” examples, each one with it’s own lesson. A few of the better ones are:

The story of a wife who after being served divorce papers bulldozed the home her husband prized and was seeking in the divorce proceedings. Since marital assets were to be divided equally, the circuit judge awarded the wife the destroyed home and gave the husband the other assets.

The lesson here being that you shouldn’t let anger drive your decisions when it comes to divorce, especially when it comes to destroying property. You end up paying for it in the end.

Another story is about a couple going through a divorce who couldn’t decide how to divide their belongings and left the decisions to the courts. The wife was awarded the rifles, hunting dog, boat and truck. The husband, the armoire, china, quilt collection and silverware.

The lesson here is to have a plan for dividing your assets when you come to court. Leave the big stuff (house, alimony, child custody) to the judge and handle the rest yourself.

The common theme in these humorous stories is that if you are going through a divorce, the first thing you need to do is get legal advice. Our divorce and child custody attorneys have seen extreme situations like these before and we know how to deal with them. Even more importantly, the advice we can offer to those going through this very difficult time will prevent them from making a costly mistake, one they will regret for a long time to come.

If you are going through or are thinking about filing for a divorce, contact the experienced Orange County Divorce Attorneys at Wallin & Klarich today for a free consultation. Our experienced attorneys can help you through this very difficult, emotional time, with sound planning and solid legal advice.

A recent article in Time magazine online discusses whether there is a correlation between lean economic times and divorce rates in America. With the economy struggling worse than it has in recent memory and the country experiencing a full blown recession, most experts agree that familial discourse and marital troubles can’t be far behind.

In fact, recession and divorce rates do have a correlation. According to Gary Becker, Nobel laureate and University of Chicago Graduate School of Business economist, recessions do tend to raise divorce rates. But not as much as some might think. Census Bureau figures show that over the past 25 years, recessions have had only minor effects on divorce rates, which have been slowly waning since the early ’80s after 20 years of steadily rising.

The news isn’t all good, however. Becker, and most other experts agree that a prolonged economic recession could change the trends that we have seen in recent history. Furthermore, an economic recession the likes of which we are seeing now, which is so intimately tied to home ownership, could have substantial effects on the family unit. Effects that we cannot predict by examining previous divorce rates during economic downturns.

Financial difficulties and money troubles are one of the most cited reasons for divorce in California, and America as a whole. In these rough economic times, with so many families losing jobs and losing their homes, it is no wonder that the stress caused by the economic conditions manifest themselves in our relationships.

If you are seeking divorce also known as a dissolution of marriage in California, please contact a caring and experienced Southern California divorce attorney at Wallin & Klarich. We can help you through this difficult time and help resolve your issues in a fair and equitable manner while ensuring that your legal rights are protected. Call us today for a free consultation.

A recent USA Today story details the Supreme Court’s hearing of a case in which a DuPont employee, William Kennedy, had failed to update his financial papers listing the beneficiary of his retirement account following his divorce. DuPont paid his retirement account balance to the individual marked on his paperwork, his ex-wife. His daughter has sued for the monies, claiming that his wishes were not being followed.

The man was an employee at DuPont for 34 years and died three years after he retired. When Kennedy died in Texas in 2001, his employer, DuPont Co., looked at the form on which he designated the beneficiary of his retirement account and saw the name of his ex-wife, Liv. They paid the retirement account monies to his ex-wife, despite the fact that Liv had signed divorce papers in which she waived her right to the proceeds from that account.

Kennedy’s daughter, Kari, a 32 year old social worker who lives in Lumberton, Texas, decided to sue over the $402,000 in her father’s retirement account. A lawsuit that was originally filed in 1994 landed her before the Supreme Court on January 6, 2009.

“My father expressly did not want my mother to have another red cent after their divorce was final”, Kari Kennedy said in an interview. “There’s no doubt in my mind that he wanted me to have everything he had.”

The main federal law regarding benefit distribution for employees requires companies to strictly abide by their workers’ wishes as reflected in their written designations. Spouses are protected from attempts to cut them out of death and retirement benefits. For this reason, experienced California divorce attorneys always urge their clients to alter employee retirement beneficiary paperwork. Divorce papers alone, are not enough to override an earlier designation of beneficiary.

Wallin & Klarich has handled division of assets in California, including beneficiaries of retirement funds, property and other family law matters. Our experienced Los Angeles family law attorneys will work with you closely and personally during this very trying time to insure that all of your financial interests are covered. Contact us today for a free consultation of your situation.

A recent article from insidebayarea.com explains that a common New Year’s resolution for many married individuals might be to get a divorce. Professionals from California divorce attorneys, to family mediators, to financial planners who deal with divorce, all agree that January usually ushers in a spike of inquiries about launching divorce proceedings.

Interestingly, this spike immediately follows a lull in California divorce proceedings that begins around Thanksgiving. Most couples want to get through the holiday season before making choices and changes that will dramatically alter their lives. After these couples ring in the new year, however, their focus turns to self-improvement and change, and just as many people use the new year to make resolutions of change, a large number also choose to change their marital status.

In fact, 70% of divorce attorneys surveyed by the International Academy of Collaborative Professionals, an organization that matches couples with mental health experts, financial planners and legal aids to dissolve their unions amicably outside court, reported that January and February are their busiest months.

Deciding whether to get a divorce or not is one of the hardest decisions anyone can ever make. Trying to navigate the legal complications that arise during the proceedings without professional help, especially when substantial assets and children are involved, can be nearly impossible. If you have decided to end your marriage, we urge you to contact our experienced California divorce attorneys to help protect your assets and give you peace of mind during these troubling times.

At Wallin & Klarich, we’ve handled hundreds of California divorces. Our firm boasts 16 attorneys serving 33 offices in five Southern California counties, which means that you can count on us to provide personalized service. To discuss your case with us, call us today at 1-888-749-7428 or fill out the online consultation form to the right, and a legal professional will respond promptly.

In the state of California, a Domestic Violence Restraining Order is a civil court order signed by a judge that protects you from abuse by anyone you have a close relationship with. The order informs the abuser to stop the abuse or face serious legal consequences.

If you are planning to be in California for any given reason or are planning to move to California, your out-of-state domestic violence restraining order may be enforced under certain requirements.

Check-list for getting your out-of-state protection order enforced in California:

• Order was issued to forbid contact or communication with another person, or it was issued to prevent threatening, harassing, or violent behavior against another person
• The court that issued the order has the authority to hear the case
• The abuser got notice of the order and had a chance to go to court to express his or her side of the story

Only the state that issued your out-of-state restraining order can change, extend, or cancel the protection order. You will have to file a motion or petition in the court where the order was issued if you want to modify your restraining order. You can request that you attend the court hearing via telephone, rather than in person, so that you do not need to return to the state where your abuser is living.

If your out-of-state restraining order happens to expire while you are living in California, you may be able to get a new one issued in California. However, this may be difficult to do if there have not been any new incidences of abuse in California.

In some cases, the court that issued your order may tell California that the order has changed or is invalid. If this happens, you should contact a lawyer or domestic violence organization in your area. Also contact the court that issued your order to discover why it has changed or is no longer valid.

You need a skilled domestic violence attorney to examine your out-of-state restraining order and assist you with any issue regarding the document meeting the legal standard. Wallin & Klarich’s Orange County Domestic Violence Attorneys have the legal expertise and understanding to help you with maintaining the validity of your out-of-state order. Family law is a complex area and it takes someone with intimate knowledge of the law and experience navigating local courts to get you the best possible result in your case. Contact our Los Angeles restraining order attorneys today at 888-280-6839 for a free consultation.

In the state of California, a Domestic Violence Restraining Order is a civil court order signed by a judge that protects you from abuse by anyone you have a close relationship with. Both women and men victims can seek legal protection that informs the abuser to stop the abuse or face serious legal consequences.

This act is designed to protect you and/or your children under the age of 18 who live with you from actual or threatened violence such as:

• physical injuries (attacking, striking, or battering);
• molestation, sexual assault and/or harassment;
• stalking;
• harassing or threatening telephone calls;
• destroying personal property;
• disturbing your peace; and
• threats

To ensure the safety of California’s numerous communities, even if the action or incidents of your abuse does not fit into this definition, you may still be eligible for a Civil Harassment Order. Under the DVPA, abuse can be physical, sexual, or verbal and can include spoken, written or perceived abuse.

There are three types of California Domestic Violence Restraining Orders (DVRO):

1. Emergency Protective Order – When there is a criminal domestic violence matter, the order goes into effect immediately and lasts only five business days or seven calendar days. The emergency protective order is usually utilized to give you time to go to court to ask for a Domestic Violence Restraining Order, which lasts longer and goes beyond a temporary basis.
2. Temporary (ex parte) Restraining Order – Provides immediate protection from your abuser that will last for up to 15 days in cases where you need protection well before the time of your full court hearing. An “ex parte” order means that the abuser does not need to be present in order to have a restraining order filed against them.
3. Restraining Order After Hearing – Can last up to five years to prevent your abuser from threatening, harassing, or abusing you and your loved ones. This order can be granted after you have a court hearing and can be extended after an initial restraining order expires.

If you have experienced domestic violence from your spouse, you can make requests regarding your house, finances and even custody of children. It is crucial to take legal action and get out of the harmful situation as soon as possible to protect yourself and your family from further abuse and injury. There are many ways you can do this through the court system, but any of the legal scenarios available are best explored with the help of an experienced California domestic violence attorney.

Wallin & Klarich’s Domestic Violence Attorneys have the legal expertise and understanding to help you file your claim. Family law is a complex area and it takes someone with intimate knowledge of the law and experience navigating local courts to get you the best possible result in your case. Contact our California restraining order attorneys today for a free consultation.