Mediated Divorce

Evidence Code Section 730 states: “When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to testify as an expert at the trial of the action relative to the fact or matter as to which the expert evidence is or may be required. The court may fix the compensation for these services, if any, rendered by any person appointed under this section, in addition to any service as a witness, at the amount as seems reasonable to the court.”

Anytime there is a child custody dispute between parents, often times, an expert evaluator is appointed to conduct an evaluation of the issues and gather information and assess the parties involved and to render a report to the court and provide recommendations as to legal and physical custody among other issues as it relates to the custody of children.

This process is relevant in assisting the court in rendering a decision as to which parent should have the primary custody and what visitation schedule should be ordered for the other parent. Although these issues are addressed in Family Law Mediation, a more thorough and detailed evaluation and analysis of the parties and the minors may be needed by the courts or at the request of either party. Of course this process can be time consuming and costly for the parties involved.

If you are in the middle of a custody dispute over your children, contact the experienced family law attorneys at Wallin & Klarich, to protect your rights as a parent. Our attorneys have helped numerous mothers and fathers in asserting and enforcing their rights as parents. Call Wallin & Klarich today at 1-888-749-0034 or visit our website at www.wkfamilylaw.com.

With so many husbands and fathers staying home nowadays there have been increases in requests for spousal support by husbands/fathers in family courts. Many fathers/husbands who were the primary income earners in the past now find themselves at home caring for the children and becoming homemakers. In today’s economy and the recession amongst us, it is not unusual to find male spouses in the role of homemaker and stay at home dad.

Evidence of this isn’t just among your everyday population, it has become an increasing fad in celebrity households with the new reality show House Husbands of Hollywood. These husbands/fathers are now taking care of the homes and rearing the children while their wives go to work and bring home the bacon. Domestic families have certainly come along way since the days of the ’60s and ’70s when Men dominated the work force.

If you are in this position and find yourself in need of spousal support, do not hesitate to call the experienced California spousal support attorneys at the Law offices of Wallin & Klarich. You need the best representation when it comes to you asserting your rights to receive spousal support, particularly when you have supported your spouse in furthering their educational goals and careers.

The Law firm of Wallin & Klarich will competently and zealously represent you in all aspects of Family Law and Divorce. 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.

Frank has indicated that he has paperwork signed by Jaime McCourt that indicates that he is the sole owner of the Dodgers and their holdings. Jaime has indicated that she will fight for what she believes is her share. Jaime has stated that the Dodgers and their holdings are community property and shall be divided equally. Sources for Jaime have not stated whether or not Jaime signed a document relinquishing her rights to the Dodgers.

Parties can sign a postnuptial agreement or transmutation wherein spouses in an ongoing marriage may enter into a transaction or agreement that alters the characterization of property or indicates how property is to be divided if the parties were to divorce. However, public policy still controls these agreements and courts can refuse to enforce the agreement if it is against public policy.

It is important, no matter how large or small the asset, to consult with a California division of property attorney prior to signing any documentation changing community property to separate property or agreeing on how assets shall be divided in the event that the parties were divorced to determine your rights and protections.

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.

Mrs. McCourt is an active participate in the Dodger franchise. Mrs. McCourt is not only a wife, but is CEO of the Dodgers and has been for some time now. Mrs. McCourt was in charge of business and charitable initiatives and represented the team at many public functions.

As of right now the McCourt’s have confirmed that they are separated and ask that their privacy be respected.

Frank McCourt purchased the Dodgers in 2004 for $430 million. Forbes magazine recently valued the Dodgers at $722 million. The couple has not been afraid to make baseball moves and spend money when it was right in their opinion. The McCourts’ net worth has been estimated to be in the neighborhood of $1.2 billion as reported in the Los Angeles Business Journal. Obviously the bulk of that consists of the Dodgers’ value. But it is unclear how leveraged the purchase is and if either spouse has the assets or credit to buy the other out. Without a pre-nuptial agreement that contradicts the community property laws in California, the team’s value is equally split between the McCourts.

Some sources speculate that the McCourt’s will continue to run the Dodgers together as a team, but other sources speculate as to whether or not that is reasonable or practical given the circumstances.

When parties own a business, even small businesses, it is important to hire a forensic accountant to value the business for purposes of property distribution. It is important to have an attorney represent you to make sure that all steps are adequately taken to protect your interest and make sure that you are informed of your rights or entitlement.

Wallin & Klarich has many years of experience in family law. Our skilled divorce attorneys in California 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.

Divorce mediation is the process by which a neutral third party assists the soon to be ex-spouses in reaching a divorce settlement agreement. The process is informal and all decisions are made by the two parties involved (often with the help of their attorneys though). Divorce mediation in California is a popular choice among those seeking divorce because of the control it gives the spouses in determining the disposition of their assets in the final settlement, and the affordability that avoiding divorce litigation offers.

While divorce mediation does not require the hiring of a divorce attorney, it is a good idea to consult with one anyways. Mediators are not in a position to give you legal advice so consulting with a divorce mediation attorney to protect your interests through the mediation process is a good idea. It is also important to note that most mediators will not draft a binding settlement agreement after the mediation is complete. You’ll need an experienced divorce attorney to complete this process. Another important matter to consider is that once you have agreed to a settlement with a mediator, you will need an attorney to file the proper paperwork with the courts, insuring that the resulting document is binding.

Another way that a divorce attorney can assist you in the mediation process is by reviewing the final settlement before you sign it. By making sure that the final document does in fact convey your true wishes, and that all that has been agreed upon is spelled out as it should be in the settlement agreement, you protect yourself from unwelcome surprises after the divorce is complete. A qualified California divorce attorney will have extensive experience reviewing divorce settlement agreements and can make sure that your document is legally binding.

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.

In an interesting article posted on mediate.com, a website that promotes itself as a site for “everything mediation”, the topic of Martial Mediation is discussed. As the article states, this growing arena of family mediation is designed to help couples stay married or continue living together. While the methods are evolving constantly and the device is still a relatively new concept, this form of mediation may be very helpful to the right candidates.

The process begins with the couple identifying the common ground they share in their desire to save the union (if only to some degree). The mediators then help open and improve lines of communication and help the couples address areas of friction in their relationship, and develop a mode of behavior that focuses on the changes that each individual must make in order to lessen future disagreements and conflicts.

As is the case with so many troubled relationships, as communication improves, so does the outlook for the relationship. The mediators will use their various talents and methods to foster this cooperative spirit and arrive at a set of guidelines that all parties can agree on. Some marital mediators believe a “post-nuptial agreement” or something similar should be crafted after marital mediation. This would basically be a document that would outline the responsibilities and duties that would need to be carried out by both parties in the event of divorce. Documents like these could be reviewed after a time, to ensure that the parties are adhering to their responsibilities in the agreement.

Regardless of the methods that the mediators use, or their opinion of whether written documents like post-nuptial agreements should be the end result of their labors, all mediators share some common methodologies. Those procedures, which are discussed in greater detail in the article, include:

1. Explain the Marital Mediation Process
2. Listen to their Presenting Problem
3. Look for Issues that can be Mediated
4. Teach Communication Skills
5. Reaching Agreement

Whether or not this method of mediation continues to grow and becomes viable remains to be seen. There are some questions regarding the legalities involving post-nuptial agreements, so involving a skilled Southern California divorce attorney is always the best course of action.

Divorce can be a complicated, confusing, trying experience. If you are considering divorce or want more information on mediated divorces, contact an experienced California mediation attorney at Wallin & Klarich today for a consultation of your situation. Please call 1-888-749-7428. We can help you sort through your options and protect your interests.

Source article: http://www.mediate.com/articles/maritalmediation1.cfm?nl=212

How you go about resolving the numerous issues involved in a divorce, such as child custody, division of assets, or spousal support, will determine whether or not the results provide stability and closure for each person and any children involved. A couple going through a divorce wants to do so feeling the least amount of pressure from outside parties if at all possible.

If you and your spouse cannot make a decision or reach a compromise about a tentative parenting plan or other vital issues, these life-altering decisions will be left for a judge or a court-appointed mediator to decide. Even though these professionals are trained and knowledgeable, the best decisions for your family should be made by its own members. This can be a major challenge, especially when emotions run high and it seems impossible to reach a solution for both people involved in the divorce process, but you have to try. You may find that a skilled California divorce attorney can assist you through the mediation process. Keep in mind that if you and your spouse can reach an agreement through mediated divorce, you are more likely to have a less stressful experience. Mediation is cheaper, quicker, and less detrimental to children and relationships than going before a judge in court.

The other important benefit of mediation is attaining an official Marital Settlement Agreement (MSA), which is the closest thing to a genuine final solution that you can get. It may take experimentation with a mutually decided plan until a final agreement is reached on all issues in the form of the MSA. An experienced divorce attorney can assist you with the mediation process by preparing your MSA document and communicating with the other spouse so that you can spend time helping your family through this difficult time.

One of our Southern California mediation lawyers at Wallin and Klarich will write an MSA that adheres to requirements of the law to develop an enforceable contract. We will help you and your spouse look at each issue, without pressure, to try to establish your fundamental interests, and to identify common views shared that will benefit any children or extended family involved.

If you have any questions about mediated divorces in California or how to enforce Marital Settlement Agreement, please contact the family law offices of Wallin and Klarich at 888-280-6839. We have 30 offices throughout Southern California and are happy to help you achieve a sound divorce settlement that won’t force you into litigation or potential post-judgment disagreement. Call us for a consultation today!