Divorce

Recently after filing for divorce in April 2010, Larry King and his wife, Shawn Southwick-King, have stopped their divorce proceedings. According to TVGuide.com, both filed for dismissal of their divorce in a Los Angeles court. King originally submitted the divorce papers and was planning to seek joint custody of the couple’s two sons. However, the couple began reconciling in May and decided to not divorce. King also recently announced his retirement from his CNN show of 25 years to be with his family.

If you have filed for divorce and would like to stop the divorce proceedings, you must begin with filing out a Request for Dismissal form. However, this form can only be submitted if you were the one who originally filed for the divorce. If your spouse filed the divorce papers, then he/she has to submit the form. Be aware that after you or your spouse submit this form, if you change your mind and want to proceed with the divorce, you must start from the beginning and pay all filing fees again.

Our San Diego Family Law attorneys at Wallin and Klarich are here to help you if you are going through a divorce or if you would like to stop your divorce proceedings. We understand the law and will help make the process go as smoothly as possible. Contact us today at www.wkfamilylaw.com or 888-749-0034.

Are you and your spouse agreeable to a divorce, have not been married for a very long period of time, and want to get it done as soon as possible? If so, a summary dissolution of marriage might be the appropriate route to take, as long as you and your spouse meet the appropriate criteria. In order to qualify for a summary dissolution of marriage:

- you and your spouse must not have had any minor children
together;
- you and your spouse must have been married for less than five years;
- neither of you may have any interest in any real property;
- you and your spouse may not have more than $5,000 in community debt (excluding automobiles);
- The total fair market value of any community property must be less than $33,000;
- Neither of you may have separate property assets totaling form than $33,000;
- You and your spouse must agree and how to divide any community assets and debts; and
- one of you must have lived in California for at least six months and in the
county of filing for at least 3 months prior to the date of filing

If you and your spouse meet these requirements, then you should certainly
consider a summary dissolution of marriage. It can save you a lot of money and is not very complicated at all. All that is required is that you and your spouse file the appropriate paperwork and pay the filing to the court. Then, a six month waiting period is required. The Court imposes this waiting period in part to make sure that you and your spouse are certain that you want to go forward with a divorce. After this six month waiting period is over, you or your spouse will just need to file for and obtain a judgment of dissolution, to make the divorce final.

Wallin and Klarich can help you with the process of obtaining a summary dissolution of marriage for a fairly small fee. Wallin and Klarich will first help you evaluate your situation to ensure that you qualify for a summary dissolution of marriage. Wallin and Klarich will then help you obtain the appropriate forms, help you fill the forms out correctly, and make sure the process goes by smoothly.

Call Wallin and Klarich now to help you on your way to obtaining a summary dissolution of marriage and ensure that it is done correctly! 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.

Heidi Montag has retained a Southern California divorce lawyer and plans to quickly terminate her marriage with husband, Spencer Pratt. Montag and Pratt, stars of MTV television show “The Hills,” have been married since April 25, 2009. Montag filed for legal separation on June 8, 2010.

Under California law, a legal separation is a court action that maintains the bond of marriage, but releases the spouses from the rights and responsibilities associated with marriage. Thus, though the spouses cannot legally marry another person while separated, any property that they acquire during separation is their separate property. Legal separation is commonly a prelude to formal marriage dissolution.

According to sources close to Montag and Pratt, they plan to file a divorce mediation. A divorce mediation is a faster and less costly alternative to typical divorce court proceedings. As compared to divorce court proceedings, where a judge rules on the issues, in a divorce mediation, a neutral family law expert fosters resolution of issues by mutual agreement. Since mediation encourages cooperation between parties, there is less need for costly litigation of divorce rights.

If you or someone you know is going through a legal separation or divorce, it is important to have a family law attorney who will defend your property distribution, child custody, and child and spousal support rights. The attorneys at Wallin & Klarich have over 30 years experience in family law. Call us today at (888) 280-6839 or visit us at our website at www.wkfamilylaw.com. We will be there when you call.

Frank and Jaime McCourt, owners of the Los Angeles Dodgers, are currently involved in a complicated divorce court proceeding. Jaime claims that Frank failed to make a court-ordered monthly spousal support payment of $637,159. Frank contends that she owes him millions of dollars and should not be required to pay the monthly spousal support until Jaime’s debt is paid.

Jaime claims monthly expenses of $994,469, of which $568,000 goes toward paying mortgages on nine different residences. In addition, she alleges that $285,137 goes toward expenses related to being an owner of the Dodgers.

California Family Code section 4320 sets forth the relevant factors in determining the amount of spousal support in dissolution cases. One of the factors is the needs of each party based on the standard of living during marriage, not what a spouse requires just to survive after divorce or what a spouse needed to live prior to marriage.

The distribution of property is a major issue in divorce proceedings. If you are going through a divorce, you need experienced divorce attorneys who will vigorously defend your interests regarding property distribution, child support, and child custody rights. The attorneys at Wallin & Klarich have over 30 years experience in family law. Call us today at (888) 280-6839 or visit us at our website at www.wkfamilylaw.com. We will be there when you call.

The LA Times recently reported on Sandra Bullock’s first public appearance since the Oscars at the Spike TV’s Guy’s Choice Awards. Ms. Bullock was not wearing her wedding ring as divorce proceedings between herself and Jesse James are currently underway. Jesse James was caught in a cheating scandal immediately following Bullock’s Best Actress win at the Oscars, and they have been separated ever since.

Under California Family Code Section 2310, a divorce can only be obtained on the grounds of irreconcilable differences or incurable insanity. California is a “no fault” state, which means that the court generally does not assess the “fault” of the parties when dissolving a marriage, dividing marital property, or ordering support. In addition, California is a community property state, meaning that the parties to the divorce will share an equal interest in any money earned or property acquired during marriage. By law, the court must equally divide the community property between both parties.

A divorce may also involve issues such as spousal and child support, child custody, and visitation rights. The combination of these issues can make it difficult to reach a settlement agreement with your spouse. Having an attorney represent you during the process can ensure that you are well informed about your legal rights in regards to custody, support, and property.

It is our goal to help you get your life back to as normal as possible. At Wallin & Klarich, our skilled team of family law attorneys and our outstanding support staff of legal assistants and law clerks will help you work through each detail of your case to get you the best possible settlement. Our emphasis on teamwork enables us to provide top notch legal assistance to each of our clients. Call Wallin & Klarich today at (888) —— and visit us on our website at www.wkfamilylaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

Heidi Montag and Spencer Pratt, reality television celebrities best known for appearing on the MTV reality television show The Hills, are now legally separated after Montag went to court on Tuesday to formally file legal separation papers. Under California law, Montag will no longer have to share future earnings with her husband.

The pair came to prominence appearing on The Hills in 2006. They announced their engagement in 2007 and married twice, once in Mexico in 2008 in a 15 minute ceremony and a second time in 2009 in a lavish event in front of friends and family in Los Angeles. All of the couple’s milestones were documented on The Hills. The pair has worked together on Montag’s music career, a fashion line, books, promotional appearances, and a stint on the NBC reality show competition I’m a Celebrity, Get Me Out of Here.

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 1-888-749-7428 or visit www.wklaw.com to get in contact with an attorney today. We will be there when you call.

Facebook, an internet networking website, is a new tool used by divorce attorneys to aid their client. Because California operates under the no-fault rule, information gathered through Facebook would not be used to show that one spouse has violated their marital contract; but rather, the information would primarily be used to discredit the other spouse’s testimony. Since 1969, California has adopted the no-fault divorce rule, which allows couples to dissolve their marriage without a showing of fault regardless of whether the divorce is consensual. This rule allows for divorce proceedings to commence on the grounds of irreconcilable differences. To satisfy this requirement, there need only be a breakdown of the marriage under California Family Code § 2310(a).

Information posted on Facebook can become an important tool a divorce attorney may use in order to discredit the other spouse’s testimony. One example would be recent images of alcohol consumption contradicting an individual’s pledged sobriety. By acquiring this information, the divorce attorney can use it as negative character evidence, establish inconsistencies with prior statements, or to even impeach the other spouse. It becomes quite difficult to refute this information as the individual usually is the one to have published it online.

Aside from irreconcilable differences, the other legal ground for divorce under California Family Code § 2310 is incurable insanity. This is the lesser common approach because this requires professional documentation.

Without pictures and evidence, it comes down to a fight between one spouse’s words against the other. With Facebook, however, there is evidence that the other spouse did engage in the alleged activities. An attorney that is able to utilize Facebook to acquire this information would be able to discredit the other spouse’s testimony. With incriminating pictures, comments, and posts, the attorney will be better able to achieve favorable results for the client.

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. Also with the growth of technology, it is important to hire a divorce attorney that is fully equipped and knowledgeable of every tool available. To discuss your case with us, call us today at 1-888-749-7428 begin_of_the_skype_highlighting              1-888-749-7428      end_of_the_skype_highlighting begin_of_the_skype_highlighting              1-888-749-7428      end_of_the_skype_highlighting or contact us on our website at www.wkfamilylaw.com. We will be there when you call.

All property acquired during marriage and before separation, with some exceptions, is presumptively community property.

Community property does not include everything acquired during marriage. For example, a mere expectancy cannot be considered a property interest. There also cannot be a community interest in any right that is not capable of being transferred, for example a professional reputation.

A professional education obtained during marriage, even if it is paid with community funds, is not community property, and is therefore not valuable at the division of assets. One spouse does not acquire an interest in the other spouses education and the proceeds by contributing to the education. A professional education is technically only the professional persons enhanced earning capacity. There however, may be a right to reimbursement at the time of dissolution for contributions to the other party’s education to the extent that it enhanced the earning capacity. Therefore, it is important that any person involved in a dissolution of marriage seek the legal advice of a family law attorney.

Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience in divorce cases, 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.

MSNBC recently reported that former Vice President Al Gore and his wife, Tipper Gore, separated after 40 years of marriage. The Gores grew apart during Al Gore’s time spent on the road in his worldwide campaign to draw attention to climate change, which in 2007 led to a Nobel Peace Prize and an Oscar for the documentary “An Inconvenient Truth.” It is reported that no affair was involved, however they are likely to discuss their divorce rights with a divorce attorney soon.

Under California Family Code (CFC) Section 2310-2313, dissolution of marriage or a legal separation of the parties may be based on either irreconcilable differences, or incurable insanity. Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for dissolving the marriage. To dissolve a marriage because of incurable insanity, there must be proof that the insane spouse was, and remains, incurably insane. At least one of the parties must have been a resident in this state for six months and a resident of the county for three months before filing a petition.

With respect to child custody issues, Under CFC section 3020-3032, it is the public policy of this state to assure that the health, safety, and welfare of children are the court’s primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children. It is the policy of California to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, unless some extenuating circumstance exists such as abuse or neglect.

In regards to support, under CFC Section 3580 a husband and wife may agree, in writing, to an immediate separation, and may provide in the agreement for the support of either of them and of their children during the separation or upon the dissolution of their marriage.

Divorce proceedings can be overwhelming. It is therefore necessary to retain our experienced legal representation as soon as you can. The divorce attorneys at Wallin & Klarich have been handling divorce proceedings for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you the best possible outcome. Divorce proceedings are a taxing and daunting ordeal, and we will be here for you each step of the way. Call Wallin & Klarich today at (877) 466-5245 begin_of_the_skype_highlighting              (877) 466-5245      end_of_the_skype_highlighting and visit us on our website at www.wklaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

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.