Don’t Let a Domestic Violence Restraining Order Ruin Your Career
Don’t Let a Domestic Violence Restraining Order Ruin Your Career
A recent Wallin & Klarich client was falsely accused of domestic violence and had a request for a Domestic Violence Restraining Order (DVRO) filed against him. A temporary restraining order was granted against him and he did not know where to turn. He knew that if a permanent restraining order were to be granted, it would ruin his career. The client turned to Wallin & Klarich for assistance in…
Read MoreShould Parental Alienation Be a Crime?
The negative affects that divorce has on children are well documented.1 With about half of all marriages ending in divorce, many children are likely to be affected.2 But in the face of this fact, many parents and families (not to mention the legal system) have become adept at anticipating how a child will react to divorce, and what services and support can make the process as smooth as possible. A…
Read MoreDoes Reunification Therapy Combat the Effects of Child Custody Battles?
When a divorce turns nasty, parents fighting over the custody of their children will sometimes let their anger and frustration turn into spousal vilification. It’s easy enough to imagine; you have just gone through a life-changing series of events leading to divorce, and now your former spouse is trying to assert a legal authority over your children. You start to view them as hateful, spiteful, and an enemy to be…
Read MoreWhat You Need to Know if You are a Stay-At-Home-Mom Seeking Divorce
By the time you actually decide to end your marriage, odds are that you have been pondering the ramifications of divorce for quite a while. Questions surrounding divorce typically encompass the difficult task of telling children what is happening and of informing friends and family of the news, all the while trying to maintain a cool head when dealing with your spouse. But for the stay-at-home mom facing…
Read MoreYour Spouse May Recieve Part of Your Injury Settlement in a Divorce
We recently received a call from a spouse who filed a major personal injury lawsuit and was about to receive a major cash settlement. He was in the middle of a highly contested divorce and was very concerned about having to give his soon-to-be ex-wife any of the settlement money. The answer to his question is based entirely on when the injury happened. The answer to this question is pretty…
Read MoreCommon Questions Regarding Domestic Violence
Q: I was arrested for domestic violence, but the charges were eventually dropped. Will employers be able to see this? A: No. California law prohibits arrests that do not lead to conviction, BUT if you have been arrested and final judgment is pending, employers CAN see this information. Q: I have been convicted of domestic violence. Do I have any chance of getting custody of my child? It is possible.…
Read More
Filing for an Annulment May Be Better than a Divorce
The end of a marriage is always sad. Emotions run high, with sound reasoning and logic often taking a backseat to anger and bitterness. But if you are going through this situation, it is important to carefully consider all of your options. While filing for divorce is usually the obvious choice, you may have a better outcome if you qualify for an annulment of the marriage. The essential difference between…
Read MoreShould California Start a Child Support Amnesty Program?
The amount of child support payments that is past due in California is quite staggering. In 2003, the number was $14.4 billion.1 By 2011, that amount rose to a near-record $19.2 billion.2 Child support delinquency is not an issue confined to California, either. In 2010, nationwide unpaid child support reached more than $110 billion.3 This staggering amount has serious affects on children, custodial parents, and the workforce participation of the noncustodial parents…
Read MoreCan my spouse sell our community property before the divorce?
When a complaint for divorce is filed in California, automatic temporary restraining orders (ATROs) come into play. As soon as the other spouse is served, then the ATRO applies to both parties. The ATROs maintain the existing state of the marriage so that there is no attempt to hide or encumber assets and property. They prevent either party from removing children out of state without consent, prevent changes in insurance policies,…
Read MoreCan a Divorce Decree Be Modified?
When you are going through a divorce, it may seem like the process takes forever. The divorce process is finalized when the divorce decree has been issued. The divorce decree should speak to all aspects of the divorce, including child custody, child and spousal support, and debt and asset division. It is meant to be a permanent legal resolution. However, the law recognizes that circumstances may change after a decree…
Read More