2009 April Archive

Someone Has Made a False Claim against Me, and I Need a Criminal Defense Attorney to Fight It

David Caruso plays Horatio Caine on CSI: Miami, which is in its seventh season on CBS and is consistently ranked among television’s top-rated shows. Caruso’s ex-girlfriend is seeking more than $1.2 million and a house she says the CSI: Miami star promised her.

Liza Marquez sued Caruso in court on Thursday, claiming he promised to support her even after their nearly four-year relationship ended.

In her complaint, Marquez paints Caruso as a possessive, jealous boyfriend who was a reluctant father. The suit claims Caruso, 53, was verbally abusive to Marquez on several occasions.

Marquez’s suit states she and Caruso started dating in April 2004 while she was working as a travel coordinator. The couple moved in together later that year, and Marquez claims she quit her job at Caruso’s request. The suit states Caruso told Marquez that he would “always be there” to support her financially and in other ways.

The lawsuit states Caruso ended their relationship two days after she gave birth to their second child in October 2007. It claims the couple later reached an agreement that that actor would pay Marquez $1 million, $200,000 in attorney’s fees, and give her a home in the San Fernando Valley.

Caruso broke that agreement, and Marquez is seeking the deed to the house, $1.2 million and punitive damages for fraud and intentional infliction of emotional distress claims.

Released in a statement Thursday, it was said that the lawsuit was filed with “false claims” and appears to be retaliation for Caruso seeking changes to the couple’s child custody arrangements.

In the statement, Caruso says the lawsuit is “unfortunate since these claims will divert the parties and the court’s attention away from the best interests of the children.”

The skilled California family law attorneys at Wallin & Klarich have more than 30 years of experience handling cases for clients facing the challenges of divorce, division of property, child support enforcement, child custody, annulment, and domestic violence restraining orders. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys and judges that afford our clients representation and counsel they need to assure a positive outcome in their case.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing family law matters or divorce in Southern California, you need to call Wallin & Klarich today for an evaluation of your case. Call 1-888-280-6839 to get in contact with an attorney today, or visit our website at www.wklaw.com for more information.

Can I file for Divorce in California If my Spouse Cheats on Me? Should I hire a Divorce Attorney?

A man in New Jersey filing for divorce has accused rock star Bruce Springsteen of having an affair with his wife. Springsteen, who is married with three children, has denied the allegations. In the filing papers, the New Jersey man claims that his wife has committed adultery with Springsteen at various times and places too numerous to mention.

Although adultery is grounds for divorce in New Jersey, California is a “no fault” state. The following are the grounds for either dissolution of marriage or legal separation:

• irreconcilable differences
• incurable insanity

However, as an alternative to dissolution or legal separation, you may be eligible for an annulment in California, which involves the weighing of innocence and fault to determine issues of support and property rights. The grounds for voiding a marriage are:

• party’s age at the time of marriage
• prior existing marriage
• unsound mind;
• fraud
• force
• physical incapacity

An experienced Family Law Attorney can assist you in determining the appropriate relief depending on the circumstances of your case. If would like to speak to one of our experienced Los Angeles family law attorneys to discuss your case call us today at 1-888-280-6839, or visit our website at www.wklaw.com for more information.

Do you know your visitation rights as a grandparent? Why you need a family law attorney

In society today, it is more common to hear the Grandparents serving as not only Grandparents, but as referees as well. Grandparents have become the ultimate security blanket not only for their children but the grandchildren as well. It is difficult to hear the word “divorce,” but it can be heart-breaking to know how divorce may affect your visitation with your grandchildren.

Children bring joy to everyone’s life especially those of their grandparents. If your son or daughter is going through a divorce in California, keeping the children occupied with positive surroundings is the best solution. Parents go through sour times during a divorce that eventually can pass on to a child.

Divorce does affect those related, especially the grandparents. The divorcing parties become so occupied with scheduling and dividing the children, the grandparents are usually set aside and forgotten about. Ultimately, parents make decisions concerning their child’s custody, which includes the freedom to decide when and with whom minor children can spend their time, and applies to time spent with the grandparents. If you are a grandparent serving as the peace maker between both parties, this can only favor you.

If you are a grandparent who would like to know your grandparent custody and visitation rights for your grandchildren, Wallin and Klarich offers experienced attorneys in family law that can help you. We offer over 30 years of experience and great attorneys to help you deal with family law matters. You can reach our office 24-hours a day, 7 days a week at 1-888-280-6839, or visit us online at www.wklaw.com.

If my spouse wants a divorce and I don’t, do I still need to hire a divorce attorney?

You’ve tried counseling, and tried to make the marriage work, but your spouse is unhappy despite everything you do. Your spouse does not want to remain married to you. After all your efforts, has your spouse talked about seeking a divorce in California even after you’ve expressed the desire to remain married? You refuse to accept that your marriage is falling apart. You think that if you don’t cooperate, the divorce won’t happen?

People think that they can remain married to their spouse and that the court will not grant a divorce if the unwilling spouse does not want a divorce or is uncooperative. Unfortunately, if someone wants to get divorced, there really is not much you can do to stop the legal proceedings. You can’t force someone to remain married to you. Even if you refuse to respond to the Summons and Petition, the other person could seek a default against you and the court will grant the divorce regardless.

Refusing to cooperate in a divorce proceeding is not a smart thing to do as the court will often times make decisions that could affect whether the person receives spousal support, child support, and many other orders. In difficult moments such as these, the best thing to do is to talk to a skilled Southern California divorce attorney that will have your best interest in mind and fight for what you are entitled to. The law firm of Wallin and Klarich will advise you on what the best thing to do is and provide you with quality legal representation. For a consultation, please call us at 1-888-280-6839, or visit our website at www.wklaw.com for more information.

During these tough economic times, if you’ve lost your job or your income has dwindled due to less work hours, you may be able to modify your child support. To modify your support you will need to file an Order to Show Cause for modification of child support with the court. You will need to:

• Provide proof that your income has changed (copy of your last three pay check stubs are usually required).
• They will recalculate a new support order based on your new financial situation.

You may also choose to modify your California visitation order and this will also change your support order. If one of the following applies to you, you may be able to modify your support:

• If you spend more time with your child that is currently not listed on your visitation order.
• If you have a current visitation order, but would like to spend more time with your child.
• If you currently do not have a visitation order filed and you are visiting with your child.
• If you currently do not have a visitation order filed and you would like to make a visitation order.

All of these will modify your support because the child will wind up being with you more of the time. Let Wallin & Klarich alleviate your financial burdens by assisting you in changing your support and/or your visitation order. You can call us at 1-888-280-6839 to discuss your case with one of our experienced Child Support Attorneys in California, or you can visit our website at www.wklaw.com for more information.

How Do I Terminate an Invalid Marriage or Domestic Partnership? Do I Need a Divorce Attorney?

In order to adjudge a marriage or domestic partnership invalid, one must petition the court and seek an order for a legal annulment in California based on the allegation that the marriage/domestic partnership is “void” or “voidable.” This area of law is governed under the California Family Code Section 2200 et seq.

A “void” marriage is invalid and a nullity from the beginning. Though technically non-existent, it is still a good idea to seek a judgment of nullity from the family law courts. It will create less future problems and eliminate any doubt as to the marital status.

An invalid marriage from the beginning can be based on several factors ranging from:

• incest
• bigamy
• unlawfully contracted marriage (i.e. no marriage license)

However, as a matter of law and the degree of circumstances, there are certainly exceptions to the rule that can be discussed in detail with an experienced San Diego family law attorney from Wallin & Klarich.

A “voidable” marriage is a valid marriage for all civil purposes until it is adjudged a nullity by the Family Law Courts. The basis for nullifying a “voidable” marriage include:

• a party being of unlawful age to consent
• a prior existing marriage
• unsound mind
• fraud

If you find yourself in these circumstances, seek the advice and representation of a competent and experienced Family Law Attorney from Wallin & Klarich. The skills of an experienced Family Law Attorney in California from Wallin & Klarich will go a long way, and you can make an appointment to speak with one about your case by calling 1-888-280-6839, or you can visit their website at www.wklaw.com for more information.

If you are thinking about filing for a divorce in California, chances are you are looking for a lawyer who can help you with your divorce. That must be how you found this blog. No doubt you must be wondering how you know when you’ve found the right lawyer to help you with your case.

One of the many factors you should consider when consulting with different lawyers is the lawyer’s reputation. If your lawyer has a poor reputation with other lawyers and judges in your community, that reputation will make it much more difficult for you to achieve your goals. Here are two real-life examples that our skilled San Diego divorce lawyers experienced.

First Example
A client, we’ll call her Helena, hired us after her divorce was finalized. Through the course of her divorce, Helena had a lawyer that she felt was not a very good lawyer. Helena’s lawyer did a poor job making strong and persuasive arguments in court in front of the judge. The judge, on several occasions, had made statements in front of the entire courtroom that indicated that he didn’t think very highly of Helena’s lawyer.

After she hired us, and our San Diego divorce lawyer appeared in court, the judge was very impressed. In fact, the judge said in front of everyone that he was happy that we were on the case. We had the case turned around and in the right direction on our very first court date. It was obvious the judge respected our experienced San Diego family law lawyer. On the second court date, the same judge said that he appreciated our Wallin & Klarich family lawyer’s arguments and that he agreed with the arguments. Helena of course was happy she found a lawyer whom the judges listened to and respected.

Second Example
A client, we’ll call her Jessica, hired us to ask the judge to have her case transferred to another county. The other party was her ex-boyfriend, who did not have a lawyer. When the Wallin & Klarich San Diego family law lawyer walked through the hallway toward the courtroom, the court clerk greeted him warmly, and by name. The bailiff also greeted him warmly. When the court called Jessica’s case, the judge listened to our Wallin & Klarich San Diego family law lawyer’s requests. The judge agreed with the Wallin & Klarich lawyer’s request.

In fact, when the ex-boyfriend asked a question, the judge told him, in front of the entire courtroom, that he should just listen to the Wallin & Klarich San Diego family law lawyer because our lawyer is a good guy and knew what to do. You can imagine how easy it was for our lawyer to convince the ex-boyfriend and the judge to do what our client wanted after that point. Needless to say, our client’s goals were achieved.

So, when you are talking to different family law lawyers, make every effort to find out that lawyer’s reputation with the other lawyers and judges in your community. A lawyer with a bad reputation will have a harder time helping you get what you want, and a lawyer with a great reputation, like our Wallin & Klarich lawyers, will make your life easier. If you would like to talk to a Wallin & Klarich family law lawyer, please check out our website and www.wkfamilylaw.com or call 888.280.6839.

Spousal support in California, also identified as alimony, is paid by one divorcing or separating spouse (or domestic partner) to another. Spousal support is meant to smooth the financial transition of the lower-earning spouse either during the divorce or after the divorce is final. A court may order either spouse to pay spousal support apart from any child support amount or payment decided.

There is a large variety of elements that a court evaluates to determine whether spousal support is necessary, how much should be required, for how long, or if needed permanently. Once a couple decides on marriage dissolution or legal separation, a court may arrange a professional examination to review the existing availability of employment opportunities, marketable skills, and employment history. In some cases, according to a government report, a court will order the supporting spouse to pay expenses and costs of retraining, education, or counseling; all in addition to spousal support. There is a deniable assumption that spousal support is less needed if the supported party is living with a person of the opposite sex.

Spousal support involves complex laws that are influenced by multiple issues that include:

• Duration of marriage

• Age and health

• Tax consequences

• History of domestic violence

• Gainful employment/Interests of children

If you or your spouse is planning to file for divorce in California, the issue of spousal support can be difficult to sort out. Before you find yourself feeling like you are being ordered to pay too much spousal support or realizing you are not getting a fair amount of spousal support, contact the top spousal support attorneys in California at Wallin & Klarich. We will ensure that your disputes are settled and your finances are accurately presented to achieve the best outcome of your case. Call us today at 888-280-6839 for a case evaluation.

Even if you have resolved your initial California child custody dilemma, long distances separating a non-custodial parent from his or her child requires great efforts to maintain and/or develop a healthy relationship. Here are some tips to help you out:

Pay child support – It may seem obvious, but you would be surprised how many child support disputes arise out of miscommunication between parents or financial issues. If you believe that you are paying too much child support, or not receiving enough, an experienced child support attorney in California can help you determine what is fair based on government benefits, wages, investments, and other types of income.

Get involved with your child’s school – Why not request to be put on your child’s school mailing list? This way, you can keep track of special activities or events that your child participates in so if you cannot attend, at least you can communicate your sentiments.

Call your child on a regular basis – This effort goes a long way and it shows your child that you care about what’s going on in his or her life. Discuss a convenient time to chat so you can both enjoy the conversation and make it something to look forward to.

Exercise your visitation rights – The parent assigned exclusive custody (legal and physical) in court or through settlement, must allow the non-custodial parent to exercise designated visitation rights in California. A non-custodial parent who lives thousands of miles away still has reasonable visitation rights.

Aside from these suggestions, there are many other ways for a non-custodial parent to keep in contact with his or her child so that the parent is not “divorced” from the child as well. If you have any questions regarding child custody in California, please contact the skilled California family law attorneys at Wallin & Klarich. We can help you through the financial, legal, and emotional aspects of your child custody case so that you can attain legal or physical custody. Call us today at 888-280-6839 for more information.