California Domestic Violence

Child custody orders are given when a couple is going through a separation or divorce. The child custody orders are designed to determine who will take care of the children and who will make decisions for the children. If you are planning to seek child custody and would like to have the children live with you and make all of the important decisions regarding their care, you would be seeking “sole” child custody in your case.

Sole legal custody means that you and not the other parent will “have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child” as stated in California Family Code Section 3006.

Sole physical custody means that your child or children “shall reside with and be under the supervision of [you], subject to the power of the court to order visitation [for the other parent]” as stated in California Family Code Section 3007.

Contact our San Diego Family Law attorneys at Wallin and Klarich to help you in your child custody case. Our San Diego Family Law attorneys have the experience and expertise you will need to help you through your child custody case. Contact us today at 888-749-0034 or www.wkfamilylaw.com.

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.

Mel Gibson and his now infamous comments recorded by his ex-girlfriend Oksana Grigorieva may have a detrimental impact in a family law court if a child custody dispute arises. In the conversation, Grigorieva states that Gibson punched her resulting in a loss of teeth. Gibson allegedly responded by saying she “deserved it.”

Many spouses attempt to set up their former spouses to gain an advantage in a child custody dispute. In a child custody dispute, the court can determine the parents’ custody and visitation rights. The court will base its decision on what is in the best interest of the child. Committing domestic violence is detrimental to the child’s best interest. The court will not look favorably to a parent who commits domestic violence. The court can use any evidence of domestic violence occurring in making their decision.

Under California Family Code Section 3044, if the court finds that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child. Based upon this section, Mel Gibson could be denied of having physical custody of his daughter.

If you or a loved one is involved in a child custody dispute, it is important that you speak with an experienced child custody attorney. At Wallin & Klarich, our Southern California child custody attorneys have over 30 years of experience in handling child custody cases. We will aggressively fight to get the best result for you and your child. Call us today at (888) 280-6839.

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.

As recently reported by the Associated Press, Charlie Sheen’s plea deal was held up in court over disagreements. Originally charged with domestic violence for the abuse of his wife, the parties commenced negotiations to reach a plea deal. Contrary to the agreed upon bargain, the plea deal that was submitted to the judge was more lenient than intended. One of the stringent conditions was that Sheen was not to smoke while out of jail working.

Under California Penal Code § 273.5, any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of domestic violence. The punishment for the offense is a “wobbler,” which means that it can be prosecuted as a felony or a misdemeanor. Felonies are punishable by up to four years in state prison and a $6,000 fine; whereas misdemeanors are punishable by up to one year in county jail and the fine.

If you or a loved one is charged with domestic violence, then it is important to acquire competent attorneys capable of handling your case. With over 30 years of experience, the lawyers of Wallin & Klarich will present all available defenses in your case. Call us today at (888) 749-0034 or visit us online at www.wklaw.com. We will be there when you call.

It was recently reported by ABC News that Bruce Beresford-Redman left Mexico without the Mexican authorities’ knowledge or consent. While Bruce and his wife, Monica, were on vacation in Cancun, his wife was murdered. He has yet to be charged with any crimes, but Mexican authorities have named Bruce as a person of interest in his wife’s death. There is also a separate California child custody case to decide who will get ultimate custody of Bruce and Monica’s children.

It is the stated policy of California under California Family Code (CFC), Sections 3020-3032 and 3080-3089, to assure that the health, safety, and welfare of any involved children will be the court’s primary concern when making any orders regarding the physical or legal custody, or visitation of children. Therefore, the court attempts to make sure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship.

Under CFC Section 3080, parents are encouraged to share the rights and responsibilities of child rearing, predominantly through joint custody, in order to ensure the health, safety and welfare of any involved children. However, where the contact between a parent and a child would not be in the best interest of the child – such as in cases of abuse, neglect, or crime – other custodial arrangements will be made.

The best possible child custody arrangement is essential to the well-being of your children. It is therefore necessary that you retain our experienced Southern California child custody lawyer as soon as you can. The child custody attorneys at Wallin & Klarich have been handling custody arrangements 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 and your family the best possible outcome. Call Wallin & Klarich today at (888) —— 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.

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.

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.