los angeles family law attorneys

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.

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.

Dennis Hopper recently filed for divorce in Los Angeles from his wife, Victoria Duffy, as reported by KTLA. Hopper and Duffy have been married for 14 years and have a 6 year old daughter together. Hopper stated irreconcilable differences as the reason for the divorce. He said he plans to file for joint custody of his daughter and plans to pay spousal support.

Hopper is also currently fighting prostate cancer. KTLA published this quote from Hopper in the story, “I wish Victoria the best but only want to spend these difficult days surrounded by my children and close friends.”

If you or a loved one is planning to file for divorce, it is important you talk to an experienced family law attorney. At Wallin & Klarich, our attorneys have the knowledge and experience in dealing with divorce matters and will fight to get you the best possible result in your case. Our Los Angeles divorce attorneys can assist you in all aspects of your divorce including child custody, child support, spousal support, etc. Our attorneys will provide you with their expertise on family law and explain your legal rights so you can make informed decisions at this critical time. Our attorneys want to help make the process go as smoothly as possible. Call us today at (888) 749-7428 or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

The Court held in In Re Marriage of Lucio¸ that the changed circumstances rule does not apply when a parent only requests a change in the parenting or visitation arrangement. However, when a parent requests a change from joint custody to sole custody or from sole custody to joint custody, the court must find that there are changed circumstances.

When the court hears a case regarding a change in parenting or visitation arrangement, the court applies a legal standard called “the best interests of the child.” There are several factors the court must weigh in application of this standard but the sole purpose is to determine what would actually be the best for the child.

In this case, the dissolution judgment granted mother sole physical custody of the children and permitted father to have monitored visits. Father later requested an order to show cause hearing to alter the visitation arrangement. The trial court dismissed the order to show cause because father had failed to allege changed circumstances that would allow the court to consider his request. The Appellate court reversed because father in this case did not request a change in custody, only a modification of the visitation arrangement and therefore the father did not need to demonstrate changed circumstances.

When you have a court order regarding custody and visitation, it is very important to consult with a knowledgeable Los Angeles family law attorney to find out what the law is based on the current orders. As demonstrated above, there are two very different standards for two different requests regarding custody and visitation. Therefore, it is important that a family law attorney assist you so your case can properly be presented before the court.

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.