2009 December Archive

If you start a petition for a dissolution (meaning you file for divorce), your spouse has 30 days in which to file a response. The same is true for paternity cases, where the parents of a child are not married, but where visitation, custody and support issues must be dealt with—the respondent has 30 to respond.

If the respondent fails to file a response within the 30 days, you can file a request for entry of default with the court. Entry of default is important because it acts as a huge roadblock for the respondent. A respondent against whom default has been entered loses the right to respond to the petitioner’s requests for orders. Instead, the respondent must first convince the court to set aside the default.

If you have filed for divorce and the respondent has not answered, you should consult with a knowledgeable family law lawyer to help you close off the respondent’s opportunity to be heard by getting default entered. An experienced Riverside County family law lawyer will be able to help you proceed with this step and quickly and smoothly as possible. This step can be an important one to help you win your case as soon as possible.

Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

James Van Der Beek who is known for his role in Dawson’s Creek, filed for divorce from his wife Heather citing irreconcilable differences. They have been married for six years. The couple does not have children which will make the divorce process a little less complicated.

Even when a party does not have children, it is still important to seek legal counsel. Parties will have to divide all assets and debts so it is important to know what your legal rights are and what you are entitled to. In addition, Heather will likely seek spousal support for half the length of the marriage, which could be a lot of money each month, depending on James’ current income. In California, for short term marriages, marriages less than 10 years, the court can order that one party pay the other party spousal support for half the length of the marriage. This spousal support is to assist the other party in getting back on their feet and becoming self sufficient.

It is important, with or without children, and no matter how large or small the property assets are, to consult with an attorney to know what your rights are and assist you in the divorce process.

Wallin & Klarich has more than 30 years of experience in family law. Our Orange County divorce attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

A change in a child support order can be legally pursued when a significant change has occurred in the circumstances of the child or a parent. Here are some examples of when you might seek a change in the child support order:

1. Change in income of the parent paying child support (whether an increase or decrease in income.)
2. Change in the time spent with the child by either parent.
3. Changes in finances of parent receiving child support.
4. Change in the expenses of the child (for example, expected or unexpected substantial medical needs.)

If you or a loved one would like to request a change in child support, it is important to contact an experienced San Diego family law attorney to ensure that the change can occur as you had hoped. At Wallin and Klarich, our knowledgeable San Diego family law attorneys can help you navigate through the legal process of seeking a request to change the child support order. Wallin & Klarich has more than 30 years of experience in family law. If you’re thinking of hiring an attorney for a change in child support, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

Upon the initial filing of a divorce petition by one spouse, the issue of spousal support likely will come into play. A stay at home spouse will likely seek temporary orders for spousal support while the dissolution is ongoing until either a resolution is reached by a settlement agreement or by way of judicial trial. Temporary spousal support can be awarded based on solely the incomes of the parties and marriage length at the time of the request.

Permanent Spousal Support on the other hand, has to be analyzed a bit more closely. The court will weigh in several factors when it comes to the issue of permanent Spousal Support. Among these factors is the age of the parties, the educational and employment background of the disadvantaged spouse, the capability of that spouse to seek gainful employment, the skills and experience of the disadvantaged spouse, the income earned by each party and the length of the marriage. These are some of the factors involved among many when it comes to adjudicating the issue of permanent spousal support.

If you find yourself to be the supported spouse in these situations or the higher earning spouse, do not wait to call the Southern California law offices of Wallin and Klarich. Instead, exercise your legal rights immediately. Wallin & Klarich attorneys will aggressively represent you in all your family law matters.

Wallin & Klarich has many years of experience in family law. Our Riverside County divorce attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

If the court rules the Los Angeles Dodgers as community property, Jamie McCourt will attempt to buy out her soon to be ex-husband, Frank McCourt, to become the sole owner of the team. Frank McCourt’s lawyer, Marshall Grossman, however, stated that he has no intentions of selling the team. Frank McCourt continues to maintain that he is the sole owner of the Los Angeles Dodgers and that Jamie McCourt’s claims of co-ownership are “baseless.”

A trial was set for November 5th to discuss the reinstatement of Jamie McCourt as CEO of the Los Angeles Dodgers. Jamie McCourt was reportedly fired by Frank McCourt for having relations with her driver, also a Los Angeles Dodgers employee. Los Angeles Dodger’s president, Dennis Mannion, is strongly opposed to the reinstatement of Jamie McCourt as CEO. He argued that McCourt rarely showed up to work and that she was more concerned with her own image than the needs of the team. Jamie McCourt countered such statements by stating that Frank McCourt and Mannion worked to purposely exclude her from business decisions.

If you have any questions regarding this matter or any other family law matter, do not hesitate to call Wallin & Klarich today! Wallin & Klarich has been in the business of vigorously representing clients in their time of need for over 30 years and we would like to help you with yours! We have experienced, knowledgeable attorneys available to answer your calls 7 days a week, 24 hours a day! Contact the experienced Southern California family law attorneys at Wallin & Klarich today at 1-888-749-7428 or www.wklaw.com for a consultation of your case. We can help you.

David Archuleta’s parents, James Jeffrey and Lupe Marie Archuleta, are divorcing. James initiated the divorce citing irreconcilable differences. This is the second time that James and Lupe have filed for divorce. The parties previously filed for divorce and reconciled in 2002.

The parties are requesting that the court address custody, child support, spousal support, and the division of their properties. The couple have five children together and have agreed to share joint physical custody of their three minor children. In addition, James, has requested that Lupe be ordered to pay an approximate $350 in child support each month. Both parties have agreed that they will not seek spousal support.

Sometimes after parties file for divorce they reconcile and want to stop the divorce proceedings. This can be done with a request to dismiss the dissolution proceedings. Then, as these parties did, if they later decide they want to divorce, a new case will be started and the parties will file for divorce and be assigned a new case number.

It is important to consult with a family law attorney to discuss what you are entitled to. Even when parties agree on the custody arrangement the parties may not agree on child support and spousal support and a qualified Los Angeles family law attorney can assist you in those areas.

Wallin & Klarich has many years of experience in family law. Our attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

The Court held in In Re Marriage of Lucio¸ that the changed circumstances rule does not apply when a parent only requests a change in the parenting or visitation arrangement. However, when a parent requests a change from joint custody to sole custody or from sole custody to joint custody, the court must find that there are changed circumstances.

When the court hears a case regarding a change in parenting or visitation arrangement, the court applies a legal standard called “the best interests of the child.” There are several factors the court must weigh in application of this standard but the sole purpose is to determine what would actually be the best for the child.

In this case, the dissolution judgment granted mother sole physical custody of the children and permitted father to have monitored visits. Father later requested an order to show cause hearing to alter the visitation arrangement. The trial court dismissed the order to show cause because father had failed to allege changed circumstances that would allow the court to consider his request. The Appellate court reversed because father in this case did not request a change in custody, only a modification of the visitation arrangement and therefore the father did not need to demonstrate changed circumstances.

When you have a court order regarding custody and visitation, it is very important to consult with a knowledgeable Los Angeles family law attorney to find out what the law is based on the current orders. As demonstrated above, there are two very different standards for two different requests regarding custody and visitation. Therefore, it is important that a family law attorney assist you so your case can properly be presented before the court.

Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

The court in In Re Marriage of Bardzik, affirmed an order modifying child support in a case with unusual facts. In this case, the mother retired early and then asked for child support well after the divorce. The prior court order held that neither parent had to pay child support to the other parent because both parents had similar incomes and both parents shared equal custody of their children. However, shortly after mother retired she requested that the court order child support based on her anticipated change in income after retiring. Father argued that mother should be imputed income based on her ability to earn, but father did not present any evidence on mother’s ability to earn.

The trial court did not impute income to mother and ordered father to pay mother child support. The appellate court affirmed but stated that if one parent seeks to modify an existing order as to have income imputed to the other parent, the parent seeking imputation bears the burden of proof of showing that the other parent has the ability and the opportunity to earn that income. In this case, father failed to meet that burden because he did not prove that mother had the ability and opportunity to earn a specified income, but only informed the court of what she earned before retirement.

Therefore, had father properly presented at the court hearing evidence of mother’s ability and opportunity to earn a certain income than father would likely not have been ordered to pay support to mother. It is important to seek legal counsel prior to going to court to make sure the evidence is presented properly according to the family law rules to get the best outcome.

Wallin & Klarich has many years of experience in family law. Our Riverside family law attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

Avril Lavigne filed for divorce from her husband in Los Angeles citing irreconcilable differences. In her paperwork, Avril has requested that neither party receive spousal support. The couple has only been married for three years, but because both parties are highly paid musicians, there is the potential for a large sum of spousal support for half the length of the marriage. The couple does not have any children, so Avril is requesting that the court only divide the property.

Even though Avril has requested that the court not award spousal support to either party, Deryk can still request that the court address the issue of spousal support. Once one party requests spousal support, the court will then decide what amount of spousal support to award based on many factors such as ability to pay, need, health of the parties, etc. Since both parties here are young and both make enough money to support themselves, it is likely that the court would not award spousal support to either party in this type of case. However, if Avril earns a substantially larger income than Deryk, the court can still decide to award Deryk spousal support for half the length of the marriage.

Even though a short marriage is involved, it is still important to seek legal counsel to make sure that you are advised of all of your rights. Once an agreement is reached between the parties, only certain portions of a settlement agreement can be later modified by the court. Therefore, it is important to consult with legal counsel prior to signing any agreement.

Wallin & Klarich has more than 30 years of experience in family law. Our Los Angeles divorce attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

A recent article published on the dakotavoice.com challenges some common conceptions regarding the frequency and epidemic proportions in which couples are getting divorced. A common statistic that is thrown about in the media is that one out of every two marriages ends in divorce. It can be argued, however, that this figure is tainted because some people go on to remarry three, four, five times or more. In divorcing and remarrying multiple times, these individuals inflate the divorce statistics for everyone else, making it appear as though one out of every two marriages end in divorce.

Newly released statistics by the US Census Bureau indicate that of those people who have ever married, 75.55% have only been married once. These stats may not exclude those individuals who do get married, divorce and then never remarry, but they are still strikingly high.

The Census Bureau data also reported the average marriage in America lasting over 18 years. That’s not bad, especially when you consider that by the time a couple have lived long enough to be married 18 years, not only divorce but death has statistically ended quite a few marriages.

Regardless of the statistics behind divorce, and the argument over how many individuals are actually unhappy in their marriages, there is little debate over the fact that divorce has become part of our culture. We are inundated with talk of divorce in the tabloids and on television. The sad fact, however, is that it is really very hard to appreciate how difficult a divorce can be until you are faced with it yourself.

At Wallin & Klarich, our Southern California divorce lawyers have 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 us, call us today at 1-888-749-7428.

Source:http://www.dakotavoice.com/2009/09/divorce-statistics-not-as-bad-as-portrayed/