2009 August Archive

A recently published article in the LA Times delves into the relationship between divorce rates and our current economic climate. As many articles have detailed, divorce rates tend to decrease during hard financial times; the main reason being that spouses in trouble find it hard to afford a costly divorce. The article argues that that is only part of the equation.

The real reason for fewer divorces has to do with choices, according to the article, or in this case, lack of choices. When you view divorce in this light, it becomes easier to see that getting a divorce is a response to the availability of more choices in one’s life; choices on how and whom to live your life with. These choices, argues the author, are limited, as many things are, when money is tight.

Many authors and studies have attempted to draw comparisons to divorce rates and the nation’s economic climate. Most agree that in the current recession, many couples are attempting to stick it out and stay together. This isn’t the case for all couples, however. In many cases, marriages are far too fractured and broken to be fixed, and divorce is the only true healthy option, for both a husband and wife.

If you find yourself in this situation, don’t go it alone. The divorce attorneys at Wallin & Klarich have countless years of experience handling divorces in California. Our experienced Los Angeles divorce attorneys can help protect your rights and interests during this very hard time, allowing you to get to the business of rebuilding your life. To discuss your case with us, call us today at 1-888-749-7428.

Source report:http://www.latimes.com/news/opinion/la-oe-rodriguez13-2009jul13,0,2836570.column

A recent article on LA Times online details the custody battle over recently deceased pop star Michael Jackson’s 3 children. In his will, Jackson had given his mother, Katherine Jackson, 79, custody of his 3 children. He named musical artist, and friend, Dianna Ross as the secondary choice of custody if his mother could not take the children.

Deborah Rowe, who was the surrogate who gave birth to the two elder children, will maintain her legal parental rights under an agreement reached by both sides. Rowe had waived her parental rights in 2001 after divorcing Jackson, but challenged the waiver in 2003 when the pop star was under investigation for child molestation. Her challenge was granted.

The agreement will go before a Los Angeles judge Monday, and both sides expect the judge to approve it.

Child custody and child support arrangements are made according to the child’s best interests. In this instance, a major change of circumstance (a death) has resulted in an adjustment to the child custody situation for Jackson’s children. Deborah Rowe’s attorneys negotiated the terms of the change with Katherine Jackson’s attorney prior to appearing before a judge. Whenever possible, a situation where the family can agree on new arrangements is advisable. This keeps the decision process in the hands of the immediate family and doesn’t leave them to the whim of a family law judge.

Whatever the circumstances behind your modification of child custody arrangements, it is of the utmost importance to contact an experienced Southern California child custody attorney to help protect your rights and interests. With Wallin & Klarich on your side, you can rest assured that your attorney is working hard to get the best possible outcome for you and your family. We have more than 30 years of experience in divorce, custody and other family law matters. And with offices located from San Diego to Ventura to the Inland Empire, we’re able to be there for you, wherever you happen to be. For a consultation, call us today at 1-888-749-7428.

Source report:http://latimesblogs.latimes.com/lanow/2009/07/michael-jacksons-mother-will-retain-custody-of-his-children.html

One of the most difficult aspects of going through a divorce in Southern California can sometimes be agreeing with your spouse about the healthcare of your child. Some parents want their children to attend counseling session with therapists, psychologists, psychiatrists, and the like, while other parents think such sessions can be even more traumatic and difficult for their children. Some parents think such sessions do more harm than good.

Similarly, if a child has a serious health condition that needs to be attended to, the parents need to choose what they feel is the best method of care to be provided to their child. These issues can be difficult to go through and the decisions are hard to make. It can be even harder if there are several doctors that give conflicting opinions and the parents do not agree on which doctor to rely on.

As a general rule, California judges prefer to allow both parents to make medical decisions about their children. This is a part of CA joint legal custody. However, when the parents are unable to decide, the judge can make the decision for the parents, such as was the case in this story.

If you or a loved one is going through a difficult child custody battle where the parents or guardians are just not able to come to an agreement about a child’s mental and/or medical care, you should speak to a knowledgeable and skilled Los Angeles child custody lawyer to help you solve the issue. Please contact us today for a free telephonic consultation.

At Wallin and 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 child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin and Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

An article on examiner.com discusses the plight of victims with California domestic violence restraining orders that are finding that those restraining order documents are doing little in preventing their stalkers from tracking and harassing them online. By targeting blogs and social networking sites, these restrainees are able to continue to harass their victims, with little recourse for courts or authorities.

With the amazing popularity and worldwide commonality of the Internet, social networking sites, and blogs, it has become very easy for even those with limited computer experience to track the comings and goings of web surfers, using things like online hit counters and website statistic portals. However, prosecutors are reluctant to prosecute batterers for monitoring victim’s blogs and web sites claiming that the World Wide Web is public domain and that blogs and web sites are not protected.

The article explains that:

“Batterers are receiving what can best be described as a 21st Century free pass until law makers and victim advocates help to improve stalking and restraining order statutory language and guidelines to include the words “electronic monitoring of blogs and web sites” as violations and part of stalking statutory language.”

As our technology and the ways in which we communicate continue to evolve, it is important for our courts and legal system to keep pace. An experienced California restraining orders attorney at Wallin & Klarich can help insure that all issues and fears are addressed by the filing of your restraining order. Our attorneys can help the courts understand if you have special circumstances surrounding your case, insuring the best possible result for any legal action you decide to take.

Whether you need to file a restraining order or defend yourself against a restraining order, contact Wallin & Klarich Family Law to discuss your case. Call 1-888-749-7428 today for an evaluation.

A recent report in the examiner.com explains that women who are victims of domestic violence in California may be eligible for monetary relief through the California Employment Development Office. This is great news in these harsh economic times for many women who find themselves unable to work after falling victim to abuse.

According to an excerpt from the California Employment Development Department’s brochure:

“Individuals who are unemployed or unable to work due to domestic violence abuse may be eligible for partial wage replacement benefits from the Employment Development Department (EDD) through the Unemployment Insurance (UI) or State Disability Insurance (SDI) programs. These programs provide temporary payments to workers to ensure that some of life’s necessities can be met during periods of unemployment”.

The coverage can extend as far as to cover those who were forced to quit or leave their employment in order to protect themselves and their families. Very often, the EDD will need to see proof that all reasonable steps were taken to keep the job, such as requesting a transfer, leave of absence, or other workplace accommodation. As is the case with all Unemployment Insurance, individuals must also meet all other eligibility requirements, including being physically able to work and available for work, actively seeking work, and ready to accept work.

If you have been abused by a spouse, you can make claims to your house, finances and even custody of children. The first thing you need to do, however, is to protect yourself from your abuser, get out of the situation and make the violence or abuse stop. Our skilled Orange County domestic violence attorneys can help you file a restraining order if you have not done so, as well as beginning the process of seeking restitution for the losses you have suffered as a result of the domestic violence incidents you have suffered through. Contact Wallin & Klarich today by calling 1-888-749-7428 for a consultation of your case, we can help you.

A recent article on examiner.com examines California divorce laws and the inability a person filing for divorce has in placing “blame” for the divorce on any individual. This is because in California, there is a ‘no fault’ divorce state. In fact, when filling out divorce paperwork, there are only 2 choices for the reason for divorce: irreconcilable differences, or annulment.

The author of the article recounts the feelings and emotions she had when she filed for divorce; how she was annoyed at the fact that there was no way to ‘blame’ her husband in plain writing when it came to describing the cause of divorce and that she wished that there was some way to detail on these official forms the fact that her husband had cheated on, and eventually left her.

It is true that no fault divorce states, like California, do not take into account any “blame” when it comes to determining the end of a marriage. The assumption is that both the husband and wife contributed to the end of the union. There are benefits, to this type of “no fault” divorce proceeding however. One advantage of California no-fault divorce is that parties don’t have to waste time and money hiring detectives to prove grounds. It reduces the need to litigate for days or weeks about grounds and allows couples to move on to important issues, such as custody, child support, maintenance and distribution of marital assets.

Fault does not enter into settling property division or support. California is a community property state, which means that all assets and liabilities the parties earn or acquire during the marriage are presumed to be shared and must be divided equally unless the parties agree otherwise.

Despite these factors, the difference an experienced California Divorce attorney can make in your case is very tangible. By diligently representing your interests, an attorney can help insure that you are not taken advantage of and do not agree to concessions you are not obligated to. Any individual going through a divorce would benefit from our services. Contact Wallin & Klarich today if you would like a consultation of your situation. We can help you during these trying times. Call 1-888-749-7428 today.

A recent article published on sanluisobispo.com discusses the little known fact that as many as 900,000 men are victims of physical violence by a domestic partner, this according to a report by the Department of Justice on the National Violence Against Women Survey.

According to their website,

The National Domestic Violence Hotline was established in 1996 as a component of the Violence Against Women Act (VAWA), as a nonprofit organization that provides crisis intervention, information and referral to victims of domestic violence, perpetrators, friends and families. The Hotline answers a variety of calls and is a resource for domestic violence advocates government officials, law enforcement agencies and the general public.

The gender breakdown of callers to the hotline is 85 percent women to 15 percent men. Many male victims do not report or discuss abuse against them. Reports to police are also rare as most men do not call authorities unless injuries they sustain are serious enough to result in emergency medical care.

The Department of Justice reported on men who stay in abusive relationships. Their studied indicated that the top 3 reasons that a man will stay in an abusive relationship are:

1. Protecting their children
2. Assuming blame
3. Dependency

Regardless of your gender, if you are the victim of domestic violence, the first and most important step is to 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 experienced Orange County domestic violence lawyer for a consultation at 1-888-749-7428.

A recent article out of Ohio, published on wnewsj.com discusses the recent change in policy in Ohio courts regarding the states lowered maximum payments for protection order cases for attorneys. The new maximum payment ceilings are under what many attorneys will accept in return for services in protection order cases.

According to the article, the maximum allowable funding for attorneys has been reduced to $60 an hour from $150 an hour with a new maximum per case of $1,320. The previous maximum was $2,500.

Without attorneys, victims of domestic violence must appear in court and testify against their accusers, something they could avoid if counsel appeared on their behalf. For many victims, that face to face confrontation proves to be too daunting a task. For this reason, protection order requests are dropping. Furthermore, many times in protection order cases, the individual who is having a restraining order filed against them will have counsel representing them in court. This unfair advantage can often tip the scales of justice in favor of the accused.

While these circumstances are for courts in Ohio, not California, the lesson that can be taken from them is very clear. In just about every instance, it is advisable to use the services of an experienced California family law attorney to help represent your interests. While attorney fees can be costly, they very well may save you money in the long run, not to mention the peace of mind that can come from having an experienced family law attorney representing your best interests at every turn.

The law offices of Wallin & Klarich make it easy for you to retain our services. In some cases, if you do not have the present ability to pay a retainer we may be able to take on your case and request that your spouse pay your legal fees. Our credit department works with our clients to make payment arrangements, including payment plans (upon approved credit). Contact our office to discuss your case at 1-888-749-7428 today.

An article published on the website mmafighting.com details the arrest of UFC welterweight Anthony Johnson who is facing misdemeanor charges for an alleged altercation with an ex-girlfriend on June 27. Johnson has been charged with domestic violence, battery, death threats and destroying a phone to prevent the report of a crime.

Johnson has a trial date set for July 17 in his case. The arrest occurred after Johnson forced himself into his ex-girlfriend’s house to check on his dogs. An altercation followed that left both parties with scratches and bruises.

Domestic violence charges are all too common in our society today. The Riley Center, a shelter for the abused, estimates that every 9 seconds, a woman is battered in the U.S. It also estimates that Domestic Violence occurs in 60% of marriages and is the most under reported crime. With so many men and women falling victim to domestic violence, it is no surprise that Los Angeles restraining order requests and domestic violence charges are a constant occurance.

The skilled California domestic violence attorneys at Wallin & Klarich can help you protect yourself from your abuser. We can file a restraining order on your behalf, appearing for you in court, allowing you to avoid facing your abuser face to face. Our attorneys also have experience defending those with domestic violence charges against them. We will build your defense, clear your name and defend your rights. Whatever your situation may be, we have the solution. Call Wallin & Klarich Family Law for sound advice, peace of mind, legal guidance and a free, completely confidential consultation at 1-888-749-7428.

If you do not have the money to hire a skilled divorce attorney in your family law case, but your spouse does, a court may award you a reasonable amount of money from your spouse in order to retain an attorney.

Normally, the court has considered each party’s gross monthly income to determine whether or not attorney fees should be awarded. However, in a recent appellate decision, the court ruled that an equitable distribution of legal expenses cannot, by definition, leave one side so disadvantaged as to not be able to afford representation. Rather than basing attorney fee awards solely on the parties’ income, the court stated that a number of factors should be weighed, including:

• the parties monthly expenses;
• the parties net cash flow;
• income from a new spouse; and
• unreported income

An experienced family law attorney in California at Wallin & Klarich can help you determine whether attorney fees are appropriate in your case and help you level the playing field. If you would like to set up an appointment with one of our attorneys, just call 1-888-280-6839, or visit our website, www.wklaw.com for more information.