2010 May Archive

There are two general types of divorces – uncontested divorces and contested divorces. In an uncontested divorce, an agreement is reached by both spouses as to all aspects of the divorce. The spouses agree on matters like how to divide their assets, how to divide child custody, who will pay child support and how much will be paid, and who will pay alimony as well as the amount of the alimony. In an uncontested case, you often won’t have to appear before a judge.

A contested divorce is one in which the spouses cannot reach an agreement on one or more items involved in the divorce proceedings, such as property division, child support, child custody, or alimony. Often a judge will become involved in a contested divorce to help settle the differences if they are not resolved in mediation or negotiations. However, if with the help of attorneys in mediation or through negotiations, agreements can be made without appearing in court.

In both types of divorces, it is important to contact a skilled and experienced San Diego Family Law attorney. A knowledgeable San Diego Family Law attorney will help guide you through your divorce proceedings and make it go as smoothly as possible. At Wallin and Klarich, we can provide you with a San Diego Family Law attorney who has the expertise and experience needed to help you in your divorce case. Contact us today.

News 5 WLWT reported on the divorce papers filed this month by David Tehan in Xenia, Ohio. Tehan is the current husband of Tiffany Tehan. Tiffany Tehan was recently in the news for her disappearance in April of this year. Tiffany Tehan and her boyfriend, Tre Hutcherson, ran away to Florida on April 17, 2010. Hutcherson and Tehan left her vehicle at a parking lot with slashed tires which led to police to assume she had been abducted after her husband reported her missing. Both Hutcherson and Tehan were located five days later in Miami Beach, Florida. David Tehan began the divorce proceedings by filing for legal separation from Tiffany and he is also seeking sole custody of the couple’s 1 year-old daughter.

In the case above, a legal separation was initially filed in preparation for the divorce proceedings. This is sometimes an option in the state of California if for example you are not a resident of the state. In the state of California in order to qualify for a divorce, you must have resided in the state for a total of six months. However, you can qualify to file for a legal separation no matter how long you have lived in the state.

If you or a loved one is planning to file for a divorce or is currently going through a divorce, contact our knowledgeable San Diego Family Law attorneys at Wallin and Klarich. Our San Diego Family Law attorneys can offer you their expertise on family law as related to your divorce case including issues like child custody, child support, or spousal support. Our San Diego Family Law attorneys understand the complexities of a divorce case and will work to help you through the process. Contact us today.

It was recently reported in Examiner.com that actress Emma Caulfield is seeking a divorce from long time husband Cornelius Grobbelaar. Caulfield wants a divorce after the couple was married for almost four years. Caulfield began the divorce process by filing necessary divorce documents in the Los Angeles Superior Court citing “irreconcilable differences.”

Under California Family Code section 2330, it defines the process of seeking dissolution of marriage. Like what Caulfield did, seeking dissolution requires her to first file a petition for dissolution of marriage. More importantly, under California Family Code section 2310, there are only two grounds that allow for dissolution of dissolution of a marriage which are irreconcilable differences, which have caused the irremediable breakdown of the marriage or incurable insanity.

If you or a loved one is seeking to get divorced, it is important that you speak with an experienced Southern California family attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of dissolution and legal separation cases. Our attorneys will fully inform you of any custody, visitation, or spousal support implications as they navigate through the complexities of divorce laws and the family court system for you. Call us today at (888) 280-6839 or visit us at www.wklaw.com. We will be there when you call.

It was recently reported that NBA star Dwayne Wade asked a court to grant him sole custody of his two young sons, adding to the contentious divorce and child custody proceedings with his estranged wife, Siohvaughn. The Miami Heat guard also asked that Siohvaughn undergo a psychiatric evaluation.

The couple have two boys, ages 8 and 2. They married in 2005 and separated in 2007. In divorce proceedings, Siohvaughn alleged Wade had extramarital affairs, abandoned his children, and gave her herpes (which she later recanted). Wade countered by filing more than 300 pages worth of documents with the court, alleging his ex-wife exhibited threatening behavior, had extramarital affairs, uses abusive parenting methods, and is unwilling to let the him see his children.

Wade is one of the highest-paid athletes in the world. In addition to a $16 million annual salary with the Miami Heat, he also makes millions more with endorsement contracts with Gatorade, Lincoln, Staples, Sean John, T-Mobile, Topps Trading Cards, and Nike. Siohvaughn was Wade’s high school sweetheart. It is unknown whether the two signed a prenuptial agreement before they wed.

The divorce and family law attorneys at Wallin & Klarich have many years of experience handling cases for clients facing the challenges of divorce, division of property, child support enforcement, child custody, visitation, paternity, annulment, domestic violence, and 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 in the Southern California area family law 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 divorce or family law matters in Southern California, you need to call Wallin & Klarich today for an evaluation of your case. Call 1-888-749-0034 or visit www.wklaw.com to get in contact with an attorney today. We will be there when you call.

Are you thinking about getting married but are having second thoughts after seeing so many of your friends and family go through horrible divorce proceedings? If so, you are not alone. Most people know or have heard of people who have lost half or more of their fortune as a result of a divorce. The reason for this is California’s community property laws, which state that whatever is acquired during a marriage is considered half the husband’s and half the wife’s. This includes income earned or property acquired during the marriage, even if one party earns all of the income for the family.

You can protect yourself from these laws by entering into a prenuptial agreement (sometimes referred to as a premarital agreement). A prenuptial will allow you to keep your assets separate during the marriage and if you should get a divorce, you will not have to fork over half or more of your assets.

There are strict guidelines for prenuptial agreements that must be followed in order for the agreement to be valid. Therefore, it is important to have a skilled and knowledgeable attorney draft the agreement and walk you through the process. For over 30 years, Wallin & Klarich has been successful in its divorce and family law matters. Our attorneys can help you draft your prenuptial agreement or and advise you on any other legal issues you may have. Contact our Southern California family law firm today by calling 888-749-7428 or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

If you were ordered by a court to pay child support, and you are now in arrears, it is likely that your request for a U.S. Passport will be denied by the U.S. Department of State. States submit child support cases with past-due amounts to the Office of Child Support Enforcement (OCSE), which in turn places the name of the individual in a database searched by the Department of State prior to passport approvals.

Under Section 51.70(a)(8) of Title 22 of the Code of Federal Regulations, a passport, except for direct return to the United States, shall not be issued in any case in which the applicant has been certified to be in arrears of child support in an amount exceeding $2,500.00.

Although the U.S. Department of State has the ability to deny a passport application, they do not have the authority to release an individual’s name to obtain the passport without an authorization from the state child support enforcement agency. In order to clear the denial, the individual must contact the state child support agency that submitted the arrears notice in the first place. Depending on the state, the individual will have to either bring the balance to current, or guarantee an acceptable payment plan for the unpaid balance. Once an arrangement is made with the state child support agency, it usually takes one week for the individual to become eligible for their passport.

A child support matter can be very complex, and adding federal regulations further complicates matters. Let an experienced family law attorney review your case and assist you in lifting the hold on your U.S. Passport application. The law firm of Wallin and Klarich is prepared to answer your legal questions and is immediately available to assist you with your case. Contact us today at 888-280-6839 or visit our website at www.wklaw.com for additional information.