Southern California Family Law Blog

James Van Der Beek who is known for his role in Dawson’s Creek, filed for divorce from his wife Heather citing irreconcilable differences. They have been married for six years. The couple does not have children which will make the divorce process a little less complicated.

Even when a party does not have children, it is still important to seek legal counsel. Parties will have to divide all assets and debts so it is important to know what your legal rights are and what you are entitled to. In addition, Heather will likely seek spousal support for half the length of the marriage, which could be a lot of money each month, depending on James’ current income. In California, for short term marriages, marriages less than 10 years, the court can order that one party pay the other party spousal support for half the length of the marriage. This spousal support is to assist the other party in getting back on their feet and becoming self sufficient.

It is important, with or without children, and no matter how large or small the property assets are, to consult with an attorney to know what your rights are and assist you in the divorce process.

Wallin & Klarich has more than 30 years of experience in family law. Our Orange County divorce 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.

Requesting a Change in Child Support

A change in a child support order can be legally pursued when a significant change has occurred in the circumstances of the child or a parent. Here are some examples of when you might seek a change in the child support order:
  1. Change in income of the parent paying child support (whether an increase or decrease in income.)
  2. Change in the time spent with the child by e
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What is the Difference Between Temporary Spousal Support and Permanent Spousal Support?

Upon the initial filing of a divorce petition by one spouse, the issue of spousal support likely will come into play. A stay at home spouse will likely seek temporary orders for spousal support while the dissolution is ongoing until either a resolution is reached by a settlement agreement or by way of judicial trial. Temporary spousal support can be awarded b… Continue Reading.......

Jamie McCourt Seeks to Buyout Estranged Husband for Sole Ownership of Los Angeles Dodgers

If the court rules the Los Angeles Dodgers as community property, Jamie McCourt will attempt to buy out her soon to be ex-husband, Frank McCourt, to become the sole owner of the team. Frank McCourt’s lawyer, Marshall Grossman, however, stated that he has no intentions of selling the team. Frank McCourt continues to maintain that he is the sole owner of the Los… Continue Reading.......

When a Change in Circumstances is Necessary to Change Parenting Roles

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 cour… Continue Reading.......

One Parent Can Seek to Modify an Existing Child Support Order

The court in In Re Marriage of Bardzik, affirmed an order modifying child support in a case with unusual facts. In this case, the mother retired early and then asked for child support well after the divorce. The prior court order held that neither parent had to pay child support to the other parent because both parents had similar incomes and both parents share… Continue Reading.......