2009 July Archive

The answer to this is an all too easy “YES”. Handling your own California divorce or family law matter in court can prove to be costly and regrettable. I have seen all too many times where clients have come to us to undo or salvage what has already been done in court in cases where a party has represented him or herself in family law court.

All too often people who represent themselves do not understand the intricacies of how the court process works especially on a procedural basis. Along the same lines, even when people do have their paperwork in order and have done what is required procedurally, they still have to stand in front of the judge and argue to the court and persuade the judge to order what they are seeking in the case not knowing the law on certain issues.

The issues can vary from custody, visitation, and support to complex matters regarding multiple properties, retirement plans, pensions, attorney’s fees, custody evaluations, tax and debt matters.

Family Law can involve a host of OSC hearings to full divorce trials. You may often hear the phrase, “Only a fool represents himself in court,” or, “Represent yourself at your own peril”. Take this to heart before you end up in court on your own, and seek the experienced and professional legal representation that you deserve from the California Family Law Firm of Wallin & Klarich. Call us today at 1-888-749-7428 or visit online at www.wkfamilylaw.com to learn more about your case and what can be done.

So much is written when it comes to parent’s rights to custody and visitation of children, but what about grandparent’s rights? With so many children being born out of wedlock, establishment of custody and visitation has become increasingly important not only for parents, but for grandparents as well.

While grandparents can file papers with the courts to gain custody of their grandchildren, custody is rarely granted while the parents of the children are still in the picture. Grandparent visitation rights vary from state to state, but almost all states prefer that children live with their parents and for that reason will limit grandparent custody claims to the following circumstances:

• The child’s parents are deceased.
• The child’s parents have been deemed unfit to retain custody.
• The child’s parents consent to grandparent custody.
• The child has lived with a grandparent or grandparents for a year or more.

All states have currently enacted some form of “grandparent visitation” statute, giving grandparents the right to obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur. These types of orders can be especially useful when divorce or separation may cause a parent to limit a grandparent’s contact with his or her grandchildren.

Ultimately, the decision for California child custody and visitation lies with the court. However, it is in the best interest of any grandparent seeking visitation or custody to tread lightly, act respectfully, and portray themselves in the best possible light to preserve their grandparents’ rights and their ability to visit their grandchild. For more information on grandparent’s rights, contact our skilled California family law attorneys today at 1-888-749-7428 for a consultation of your family law case.

A recent article posted on Southern Utah’s kcsg.com news site, describes the state of Utah and how it’s divorce rates are not following the national trend of declining. Across the country, most states are experiencing a dramatic drop in divorce filings. The assumption being that married couples decide to tough things out together rather than file for what can be costly divorces.

According to reports, divorce lawyers across the country saw an average 37 percent decline in 2008, but there has been no such decline in Utah. In 2006 to 2008 Utah saw about 13000 filings and 2009 is on track for the same outcome. The stats fly in the face of the assumption that having to “tighten your belts” and work hard as a couple to make ends meet can help strengthen a relationship.

Whether or not the statistics sighted in this article prove to be an anomaly or not remains to be seen, but one thing is certain, the failing economy is having a dramatic impact on all aspects of our lives. Marriages are not immune to the issues that economic troubles can cause. In fact, along with lack of communication and infidelity, financial factors are one of the most common reasons for marriages ending.

At Wallin & Klarich, we’ve handled hundreds of divorces. We understand that we see clients at a difficult time in their lives; that’s why we’re dedicated to getting the best possible outcome for each and every one. And with 16 attorneys serving 33 offices in five Southern California counties, you can count on us to provide personalized service. To discuss your case with one of our experienced California divorce attorneys, call us today at 1-888-749-7428.

Recently, a reality TV couple whose show revolved around their daily lives raising octuplets has been in the public spotlight over their divorce. Kate Gosselin – of TV’s Kate & Jon Plus 8 – filed legal documents to end her marriage in Pennsylvania. While there has been much speculation over the cause of the divorce, no real details have emerged because the county in which Gosselin filed the papers seal their divorce filing records. What is clear, is that they couple are opting for a ‘no-fault’ divorce.

A recent article on people.com explained the divorce filing procedure and what might be next for the couple. In Pennsylvania, there are two grounds for filing for a no fault divorce. Kate Gosselin chose both, the first of which is called ‘mutual consent’. Essentially, this means that if, after 90 days, both sides officially agree the marriage is irretrievably broken, then the divorce can proceed.

According to the article, the second grounds for divorce “states that if, two years from now, the grounds for divorce still hasn’t been resolved by the spouses, then one party can file an affidavit alleging the marriage is irretrievably broken. At that point, the court appoints an official known as a master to hold a hearing and work out any unresolved financial issues.”

Divorce proceedings vary from state to state and California has some of the most complicated divorce laws in the country. This reason alone makes it of vital importance for anyone going through a divorce to contact an experienced California divorce attorney to help defend their rights and interests. Significant disputes over children, property, and financial holdings can complicate matters further, making an experienced divorce attorney a real necessity.

If you find yourself going through a divorce or are considering filing divorce papers in the state of California, don’t go it alone. Contact the experienced family law attorneys at Wallin & Klarich today by calling 1-888-749-7428.

Now that Michael Jackson has passed away, a potentially very heated battle over who will get custody of his minor children is on the horizon. Will it be Michael Jackson’s mother, Katherine Jackson? Will it be the biological mother of his two children, Debbie Rowe? Will it be the children’s nanny Grace Rwaramba, or Aunt Janet Jackson?

The child custody situation is complex and there are several different issues that will most likely need to be addressed. First, it has been reported that Michael’s last will and testament bequeathed legal and physical custody of his children to his mother Katherine. This brings up a very interesting legal question: Does a bequeath of custody of one’s minor children in a will to another individual (i.e. Katherine) supersede the custodial rights of a biological parent (i.e. Debbie Rowe)? It will definitely be interesting to see how the court rules on this.

Another issue has to do with the custodial rights of the nanny, who reportedly cared for the children for ten years. Does she have any more custodial rights to the children than Katherine Jackson or Debbie Rowe? The answer to this is probably not, since she was paid for her services and was not a girlfriend, co-habitant, domestic partner, etc., of Michael. Finally, one last issue has to do with whether the court would split up the children. It has been reported that Ms. Rowe is the biological mother of the oldest two children. Therefore, if the court were to grant her custody of the two oldest children just because she is their biological mother, would the Court then grant custody of the youngest child to someone else?

These custody issues that have arisen as a result of the sudden and unexpected death of Michael Jackson are very fascinating to say the least. Wallin and Klarich will continue to monitor these issues very closely as they may impact other custody battles down the line. If you or a loved one has questions regarding child custody matters, call a skilled California child custody attorney at Wallin and Klarich today. Wallin and Klarich has been in the business of helping people with child custody matters and many other family law issues many years and we would like to help you with yours! Call Wallin & Klarich today at 1-888-749-7428 or visit online at www.wkfamilylaw.com to learn more about your case and what can be done.

Violence toward a spouse, domestic partner, child or any family member is illegal and is considered a serious crime in the state of California. Domestic violence is a sad reality in our society today and in California. Domestic violence in California typically takes the form of physical, emotional or financial abuse. Contrary to popular belief, an individual doesn’t have to have bruises or outward signs of abuse to be a domestic violence victim.

According to an article on justia.com, financial abuse is defined as involving:

“stealing, manipulating another person’s bank account or financial records, withholding money for necessities, or forcing a victim to be financially dependent on the abuser.”

This type of abuse is all too familiar in today’s marriages and domestic partnerships. When you consider that one of the most given reasons for divorce is financial issues, it is no wonder that money can become a large factor in relationships. When one individual uses finances to control another, or deceives one party by spending or hiding monies that the couple counts on for their month-to-month survival, it can be extremely damaging to the relationship. In order to protect their family and find common ground for a healthy life, an abused spouse can make claims to the house, finances and even seek custody of children involved.

While financial abuse may not be the most popular or widely publicized form of domestic violence, its effects on a relationship are all too real. If you are a victim of domestic violence, the first thing you need to do is protect yourself from your abuser, get out of the situation and make the violence or abuse stop. There are many ways you can do this through the court system, including filing for a domestic violence restraining order to protect you, your family, and those residing with you. Call a Wallin & Klarich Orange County domestic violence lawyer at 888-749-7428 for more information regarding your family law dispute.

R&B singer Usher has filed for divorce from his wife, Tameka Foster-Raymond, according to a published report on MTV.com. The couple was married in November 2007 and have two sons together, Usher Raymond V, born in November of 2007, and Naviyd Ely Raymond, born last December. Foster has three sons from a previous relationship.

The couple has had a troubled relationship from the start; with rumors flying in the tabloids since their originally planned, lavish wedding ceremony was canceled and replaced by a much more modest ceremony. According to reports, the marriage had been strained for months, with neither Usher nor Tameka living under the same roof for some time.

While being a celebrity undoubtedly has its advantages, when someone is going through a divorce, public scrutiny is the last thing they want to be experiencing. The end of a marriage, regardless of its length, can be a traumatic and challenging experience. An experienced California divorce attorney can help guide you through the sometimes complicated aspects of your divorce, insuring that your interests are protected throughout the proceedings.

At Wallin & Klarich we have the knowledge, skills and resources to provide personalized service for your divorce and family law needs. Our experienced lawyers understand that family law issues, especially divorce, bring about emotionally straining times that can be extremely difficult and have unproductive results if endured alone. Contact us today by calling 888-749-7428 for a consultation of your case.

Court Grants Restraining order for Husband’s Public Disclosure of His Former Wife’s Private Email

In In Re Marriage of Nadkarni, 2009 DJDAR 7158, the court found that the husband accessing his former wife’s private email account constituted abuse under the domestic violence prevention act.

An application for a restraining order in California must allege “abuse” under the Domestic Violence Prevention Act. California Family Code Section 6320 states that “disturbing the peace of the other party” falls within the meaning of “abuse.”

In this case, the former husband submitted a declaration to the court accusing former wife of leaving the children alone while she was in India. Former husband attached copies of emails between former wife and other parties, which he acquired when he accessed former wife’s personal and business account. Former husband claims that he only accessed former wife’s email account to verify that he had not missed any email messages to him about visitation or the children. However, some of the emails former husband attached to his application were from former wife’s family law attorney and the children. Former husband also stated in his declaration that the emails he found also included statements that former wife had instructed the children to lie to former husband about their whereabouts. There were also emails, which with Child Protective Services regarding an investigation, wherein former wife falsely stated that she had arranged for her brother to watch the children when she was away. Former husband claimed that his only intent with the emails was to use them in future court proceedings. Even though former husband was able to gain access to former wife’s email accounts, she claimed that she had never given him permission to use the email account nor had she given him the password.

In this case, not only did former husband access emails, he was able to find out former wife’s calendar and schedule and communicated her schedule to third parties. Former wife feared for her safety because former husband knew her schedule and that she would be at certain social events and was afraid because former husband had physically abused her in the past.

The trial court dismissed former wife’s application to extend the restraining order protecting former wife under the California Domestic Violence Prevention Act protecting former wife from such abuse. The Appellate Court reversed and remanded and stated that the phrase means “conduct that destroys the mental or emotional calm of the other party.” Based on the present facts, the court held that former husband had in fact accessed, read and publicly disclosed former wife’s confidential emails. Due to former husbands behavior he caused former wife to suffer shock and embarrassment, which destroyed her mental and emotional calm. Therefore, the court held that former wife’s application to extend the restraining order sufficiently showed “abuse” within the meaning of the Domestic Violence Prevention Act.

Applying for and obtaining a restraining order or opposing a restraining order is difficult and complicated as demonstrated above. It is important to contact a knowledgeable and skilled family law attorney in CA from Wallin & Klarich to assist you in the process. Wallin & Klarich has many years of experience in family law and restraining orders and has offices all over southern California. Contact a Wallin & Klarich attorney today to get the help you need by calling 1-888-749-7428 or visiting www.wkfamilylaw.com.

A recent latimes.com article explains that the company Genelex is offering a 10% discount on its home DNA tests, including California paternity tests. The discount coincided with Father’s Day.

The home paternity test compares the DNA of a father and a child and retails for $400. If there is a question as to who the father of a child is, a second man can be added to the test for $200. While the tests are not admissible in court, the company does offer court admissible tests for additional cost.

The Genelex website indicates that the legally admissible version of their DNA test is useful for all legal purposes including child custody and support, social security, insurance, military, adoption, inheritance, tribal and immigration rights and benefits. The test includes notarized legal document issued according to AABB Parentage Testing Committee accreditation standards and including full disclosure of test results.

With so many children being born out of wedlock in today’s society, it is no wonder that a service like this exists. California paternity tests can be powerful tools in an individual’s efforts to establish parentage and secure child support or child custody. Paternity may become a contentious matter that goes to court when a couple does not agree on who the father of their child is.

While services like this can be useful in helping to establish paternity, they are only a small part of the puzzle. A qualified, experienced California paternity attorney can help put all of the pieces of the puzzle together, insuring the best possible result for you and your growing family.

If you are seeking to establish paternity or challenge paternity tests, please call an experienced Southern California paternity attorney at Wallin & Klarich. The laws that apply to paternity testing are complex. We can help guide you through the complicated legal process and get you the help and support you need. Call us today at 888-749-7428 for a case evaluation.

Perspectives From a Wallin & Klarich Divorce Attorney

The recent announcement of divorce in California for Mel Gibson and his wife of 28 years, Robyn Moore, has prompted an article online of the costliest divorces in history. The list, which was published originally by Forbes magazine, has divorces ranging from $15 million to $150 million.

Gibson’s wife, Robyn, cited irreconcilable differences in the papers she filed for divorce on April 13th, 2009. Under California law, she may be entitled to half of actor Mel Gibson’s massive fortune, reportedly in the neighborhood of $900 million. The couple did not sign a prenuptial agreement.

The list of costliest divorces, per Fortune magazine, are:

• Neil Diamond and Marcia Murphey – $150 million
• Michael and Juanita Jordan – $150 million
• Steven Spielberg and Amy Irving – $100 million
• Harrison Ford and Melissa Mathison – $85 million
• Kevin Costner and Cindy Silva – $80 million
• Paul McCartney and Heather Mills – $60 million
• James Cameron and Linda Hamilton – $50 million
• Michael and Diandra Douglas – $45 million
• Lionel and Diane Richie – $20 million
• Mick Jagger and Jerry Hall – $15 million

Gibson’s divorce stands to dwarf any on this list. With his assets close to $1 Billion, he could lose as much as $450 million in divorce proceedings. The couple has seven children, six of which are adults.

While not everybody has the types of assets or net worth that a high profile Hollywood superstar like Mel Gibson does, division of assets and property is an important issue to consider in any divorce. In fact, you could argue that for average individuals who have worked normal jobs for many years to acquire a few luxuries, like a home and a car, have much more to lose then the Mel Gibsons of the world. Mr. Gibson’s assets after divorce will leave him in a very comfortable financial position. For many that go through divorces in California, the same is not true.

Only by contacting and securing the services of an experienced Los Angeles divorce attorney can you insure that your rights and interests will be protected. Regardless of the size of your bank account and the number of assets you and your spouse share, you need a California divorce attorney who will fight for your rights and help you get the best possible result in your divorce.

With over 30 years of experience Wallin & Klarich attorneys have dealt with all aspects of property and asset distribution in divorce cases, and will be able to give you the best possible chance to win in court. Our aggressive attorneys are available 24 hours a day 7 days a week to advise you on your case. Call us today at 1-888-749-7428. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.