Divorce

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.

The Associated Press recently reported that Dr. Conrad Murray, a doctor charged in the death of Michael Jackson, lost his bid to resolve a child support issue threatening his Nevada medical license. Murray requested relief from paying about $16,000 in back child support payments to the mother of his 12 year old son. Murray could face suspension of his medical license as early as August, depending on the hearing master’s recommendation and possible appeals.

Under the child support laws in the California Family Code (CFC) Section 4050-4076, the interests of any child involved are the state’s top priority. Accordingly, a parent’s first and principal obligation is to support any minor children according to the parent’s circumstances and station in life. Both parents are mutually responsible for the support of their children. The court will therefore take into account each parent’s actual income and level of responsibility for each child. Cost of living, as well as the standard of living, in California is high compared to other states. Therefore, children must receive fair, timely, and sufficient support reflecting these realities of living in California.

The statewide uniform guideline for determining child support payment orders is generally calculated with respect to the amount of both parents’ income to be allocated for child support, any disposable income, physical custody of each child, and parties’ gross income. A more thorough equation can be found under CFC Section 4055.

Child support is essential to the health and safety of your children. It is therefore necessary to retain our experienced legal representation as soon as you can. The child support 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 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.

Once a couple marries, the parties are considered one party for purposes of debt. If one party assumes debt that the other party is unaware of, it is still considered community debt. Since it is community debt, both parties are responsible for such debt at the time of divorce.

Even if the credit card debt is in one party’s name alone, if the debt was acquired during marriage, both parties are responsible for the credit card debt. At the time of dissolution, when there is joint community credit card debt, the court can take a couple of approaches. The court can order one party to pay for the debt as part of their liabilities during marriage; the court can order each party to pay for half of the debt; or the court can order that each party be obligated for half of the credit card debt. When an attorney is involved, they will try to divide the debt in the easiest way, including each party being responsible for certain credit cards. Therefore, it is important to consult a knowledgeable family law attorney when credit card debt is involved.

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 begin_of_the_skype_highlighting              1-888-749-7428      end_of_the_skype_highlighting for a consultation, or fill out the online case evaluation form to the right.

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.

With the announcement of the marriage separation of Frank and Jamie McCourt, debate has arisen over the exact ownership of the Los Angeles Dodgers. Jamie McCourt’s lawyer, Dennis Wasser, claims that the Los Angeles Dodgers are community property, therefore, entitling Jamie McCourt to 50% ownership. Frank McCourt’s lawyer, Marshall Grossman, however, maintains that his client is the sole owner and has documents to support this claim.

While Wasser has not seen such documents, he believes they are irrelevant as he is certain that California community property law would apply and lead to a 50-50 ownership. One factor that could affect who has ownership of the Los Angeles Dodgers is the McCourts’ ownership of residential real estate. Each of the properties bought in the Los Angeles area were transferred from Frank McCourt’s name to that of Jamie McCourt. Some speculate that such transfers could mean that some agreement was established between the two.

If you have a question about this case or any other family law matter, call Wallin & Klarich today. Wallin & Klarich has been in the business of vigorously representing clients with their family law matters for many years and would like to help you with yours. We have experienced, knowledgeable divorce attorneys in Los Angeles available to answer your calls 7 days a week, 24 hours a day! Call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

The guardian.co.uk website published a story about a New York doctor who in the ultimate show of love and commitment, donated his kidney to his wife, but now that they are getting a divorce, he wants the organ back, or at least its estimated value (1.5M) as part of the divorce settlement.

The doctor indicated that his marriage was on the rocks when after two failed kidney transplants, he decided to donate his kidney to his wife. He did so, he says, to save his wife’s life, but also to save their marriage. The transplant did save the wife’s life, but she still wanted the divorce.

The case, which is being heard before the Supreme Court in Mineola, New York, is one of the first of its kind, but the experts consulted in the article feel the case doesn’t hold much water.

A medical ethicist at Georgetown University’s Kennedy Institute of Ethics stated, “It’s illegal for an organ to be exchanged for anything of value”. Organs in the US may not be bought or sold. Donating an organ is a gift and legally “when you give something, you can’t get it back”, he said.

Even more importantly, explained Arthur Caplan, member of the University of Pennsylvania’s Centre for Bioethics, ‘No reputable surgeon would perform such a transplant and no court could compel a person to undergo an operation.’

While this story does border on the outrageous side, it does offer us a glimpse of how bitter and heated divorce proceedings can become. Couples on the road to divorce often bring their baggage with them to the negotiating table, and it is usually difficult for a couple to agree on the final disposition of their shared assets. Division of property can be extremely complex, with implications for your retirement savings, your taxes and ultimately, your financial future. It can also be one of the most contentious and difficult parts of dissolving a marriage.

The skilled California divorce attorneys at Wallin & Klarich have extensive experience helping those going through a divorce make sound choices regarding the distribution of their assets. Our attorneys can guide you through this difficult process, representing your interests at every turn. Contact us today for a consultation of your situation at 1-888-749-7428. We can help you during this very difficult time in your life.

Source:http://www.guardian.co.uk/world/2009/jan/07/kidney-divorce-new-york

An American father was recently arrested in Japan for taking his children. The father had tried for a year to persuade a family court in Tennessee that he thought his Japanese ex-wife would flee with the children. The father even tried to restrict his ex-wife’s ability to travel outside the country with their children, but to no avail. Tennessee Court records indicate that mother lived in Japan from 2001 to 2008 and that she obtained Japanese citizenship. Father asked the court to stop a possible child abduction attempt in October 2008 during divorce proceedings, wherein mother was ordered to turn over the children’s passports to the court clerk. The divorce was final in January 2009; however, father continued to seek the court’s assistance in securing his children’s residency in the United States by seeking primary custody or in the alternative assurance that his ex-wife would not flee with the children.

However, in April 2009 the court held that mother could take the children to Japan on a two week vacation. The court recognized father’s concern with the Japanese culture, however allowed mother to travel to Japan since she expressed to the court her desire to remain in Tennessee with the children. The passports were returned to mother and she took the children on a two week vacation to Japan. Mother did in fact return with the children; however, there was no court order that once she returned from Japan that she would have to return the passports to the court. As a result, mother shortly thereafter fled to Japan with the children and father was unable to stop her.

The father learned in August that his children failed to attend school and learned that they were in Japan. The father went to Japan, found his children and grabbed them as they walked to school. As a result, father was arrested and mother had the children. Divorced fathers in Japan are not provided much access to their children because of the cultural belief that small children should be with their mothers. In addition, Japan has declined to sign the 1980 Hague Convention which seeks to ensure that custody decisions are made by the appropriate courts and that the rights of access of both parents are protected. This has begun to raise concern since Japanese mothers are taking their children back to the country and refusing to let their foreign ex-husbands visit them. The United States, Canada, Britain and France have all requested that Japan address the problem.

It is important to make sure that you have a knowledgeable family law attorney on your side that can make sure all safeguards are in place to prevent such a thing from happening. Had father had a knowledgeable attorney, the attorney would have known to request that the passports be returned to the court immediately upon mother’s return, which would have prevented her from fleeing with the children. In addition, a knowledgeable attorney would have assisted father in properly obtaining the children from Japan so as to not get arrested.

Wallin & Klarich has more than 30 years of experience in family law. Our skilled California child custody 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 co-founder of Broadcom Corp., a billion dollar microchip company based out of Irvine, California, is engaged in a very contentious and expensive divorce. As part of their divorce proceedings, Henry T. Nicholas and his estranged wife must divvy-up close to $1 billion in community assets!

To complicate matters, Broadcom Corp. shareholders and various regulators are making claims to much of this fortune. Moreover, Nicholas has been the subject of a Federal indictment amidst allegations that Nicholas manipulated Broadcom Corp. stock and provided illegal drugs to friends and various other business contacts. His estranged wife is also seeking primary custody of the couple’s three children after alleging wide-spread abuse of illegal drugs by Mr. Nicholas.

It will definitely be interesting to see how this fascinating divorce plays out over the next few months. Wallin and Klarich will continue to monitor it, as to see how it could potentially impact other divorce proceedings. Call the skilled Orange County divorce attorneys at Wallin and Klarich today to see how this or any other family law matter could potentially impact you, your loved ones, or your friends!

Wallin and Klarich has been in the business of helping people with their family law matters in their time of need for many years. If you or someone you love is facing child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin and Klarich today for an evaluation of your case. Call 888-749-7428 to get in contact with an attorney today.

A collaborative divorce is essentially a divorce in which all parties involved work together to come to a settlement agreement. In most collaborative divorce cases, both parties are represented by their attorneys. Those attorneys draw on their experience negotiating divorce settlements to advise their clients as to what they believe is fair and proper. Attorneys are essentially there in a support capacity. With nearly all divorce proceedings, the ultimate “say-so” lies with the parties involved.

During a collaborative divorce proceeding, attorneys are not the only ones who can be called upon to offer their advice. A whole slew of other experts and can be brought into the negotiations to offer their expertise. Some of these experts include, but are not limited to:

• Financial advisers
• Child counselors
• Therapists (child or otherwise)
• Divorce coaches
• Accountants/ money managers

It is important to remember that this is a collaborative and not for everyone. Most couples who choose this avenue for divorce are on speaking terms and have an amicable relationship. By working together with their attorneys and experts, they can insure that the divorce settlement is not mandated by a judge that is unfamiliar with the specifics of their situation. There is always some level of risk involved when you turn that power over to a family law judge, be it in divorce settlement or child custody and support matters.

Not all spouses choose collaborative divorces. Indeed, many spouses choose instead to litigate these matters in court, with a skilled attorney at their side, defending their interests at every turn. A qualified divorce attorney like those at Wallin & Klarich can explain your different options, advise you on the best approach and tactics, and take care of all the necessary paperwork.

Whether you are interested in a collaborative divorce or wish to litigate your divorce settlement through the courts, the skilled Orange County divorce attorneys at Wallin & Klarich can help you. Even if you are unsure as to the best type of divorce to pursue, our attorneys can call on their extensive experience to advise you as to the course of action that would be most lucrative and make the most sense considering your position. Call us today at 1-888-749-7428, we can help you!