Author: Scott

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Tags celebrity divorce, Child Custody, co-parenting, Divorce, Hilary Duff

Child Custody Child Visitation Divorce Family Law

What Type of Child Custody Should I Seek?

Post author By Scott
Post date March 3, 2015

Children, Sports, and the Increasing Number of Brain Injuries

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parented that has been deemed unfit, a court will usually award sole physical custody to one parent. It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parents has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including: education, religion, and medical care or legal issues.

Joint Custody

Joint custody is abel to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including: joint legal custody, joint physical custody, or joint legal and physical custody. Usually if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Working with a Child Custody Attorney

If you are facing a child custody dispute, you should contact a child custody attorney. Because there are a lot of rules surrounding child custody and there are a lot of aspects that factor into child custody decisions, working with a child custody attorney can help you through the process.

Source: Nolo, Types of Child Custody, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, joint custody, legal custody, physical custody, sole custody

Divorce Family Law

Things to Avoid when Signing Prenuptial Agreements

Post author By Scott
Post date March 2, 2015

Negotiation versus Litigation in a Slip and Fall Case

The best way to avoid finding out that your prenuptial agreement is invalid during a divorce is to ensure that no mistakes are made when the agreement is drafted. Here are some things to avoid.

Prenuptial Agreement Mistakes

A prenuptial agreement can be ruled as “invalid” if there are mistakes. Here are some mistakes that you’ll want to avoid. It’s also recommended that you work with a family law attorney to avoid these mistakes:

Same Legal Representation – Each spouse should have his or her own attorney. An attorney will explain everything contained in the prenuptial agreement independently of the other spouse. Working with separate attorneys ensures the final agreement is signed voluntarily, and neither spouse feels pressured to sign.
Signed Under Duress – “Under duress” means a under pressure or under the influence of drugs or alcohol. A prenuptial agreement can be found invalid if one party signed under duress and did not have the mental capacity to understand what they were signing.
Signed Too Close to the Wedding – A prenuptial should be signed one to three months prior to the wedding. If not, it’s easy for a party to argue later on that they were coerced into signing. Each spouse should have time to deliberate on the agreement before signing.
No Full Disclosure – Disclose all assets and debts.
Child Support Provisions – Child support and custody should not be a part of a prenuptial agreement.
Biased – The prenuptial agreement should not show any bias to one party.
Unenforceable Provisions – Unusual provisions such as one spouse is responsible for dishes can deem an agreement unenforceable.
Oral Agreement – A prenuptial agreement must be in written form to be valid. Each spouse and each spouse’s attorney should have a copy.
Ambiguous Writing – Ambiguous wording can be challenged in court. Make sure the writing is all clear and concise.

Work with a Family Law Attorney

Working with a family law attorney to draft a prenuptial agreement is a good way to avoid making common mistakes. For advice on divorce, you need the expert law firm of Divorce Law LA, certified family law specialists. Schedule a free consultation today.

Source: The Huffington Post, 10 Common Prenup Pitfalls, November 4, 2013

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, Prenuptial Agreement

Child Support Paternity

How to Collect Child Support from a Father

Post author By Scott
Post date February 27, 2015

You might be unsure how to collect child support for your child from the child’s father. There are some necessary steps that need to be followed before you start. Here we outline what those steps are.

Paternity

The first step is to establish paternity. Once the father of the child is known, a child support order can be established and a child support agency can collect and enforce a child support order.

To establish fatherhood you will need to do the following:

If you were married when your child was born, it is legally assumed that the husband is the legal father.
If you were not married when your child was born, you must legally determine the father of the child through a paternity test. This is genetic testing. The test is simple to take and highly accurate. If a paternity case is contested, either parent is able to request the genetic test.

Establish Child Support Order

Each state has its own official child support guidelines that dictate how much a parent is legally required to contribute to financially support his or her child. A lawyer will be able to help you determine this amount. If you are not working with a lawyer, your local child support office will be able to tell you your state’s support amounts.

Enforcing Child Support Orders

If the parent who is required to pay child support fails to do so, there are ways to obtain the money. Often this is done through direct withholding of the obligated parent’s paycheck. This money is sent to the state child support office. Working with a lawyer is the best way to ensure you receive the child support payments you are meant to.

Source: Office of Child Support Enforcement, How to Get Child Support, September 9, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Support, collecting child support, paternity

Collaborative Law Divorce

Consider Collaborative Divorce

Post author By Scott
Post date February 26, 2015

When You Might Consider a Lawyer for Personal Injury Claims

For those seeking an alternative to a litigious divorce, you might consider collaborative divorce.

“By the end of the divorce trial, spouses can become enemies,” says attorney Joryn Jenkins. “Litigation makes people be mean to each other. … But people usually don’t know that there’s another option,” she said, “and lawyers don’t tell them.”

Collaborative Divorce

Collaborative divorce offers a gentler and kinder approach that can also equate to less time and less money spent. During the collaborative divorce process you work with four people: two lawyers (one for each spouse), a mental health coach, and a financial professional. The team works together to put together your divorce agreement, including alimony, child support and visitation, and marital property division. “The rewards of collaborative divorce are huge,” said Jenkins. “You learn to work out issues and say things in a better way.”

Shorter Time and Less Hit to the Wallet

On average, a collaborative divorce can save you time and money. The average collaborative divorce is $32,000 in comparison to a divorce that goes to trial, during which you may pay $100,00. “People are raiding their retirement accounts just to pay for divorces,” said Rackham Karlsson, a collaborative attorney that practices in Cambridge, Massachusetts. “Going to court can be more expensive, more time intensive and corrosive for children.”

According to Jenkins, the average collaborative divorce can take three to four months to settle. She added that trial cases can drag on for three years. There’s also no control over the timing, process, or the outcome of the case because it’s up to the judge to make the final decision.

Collaborative Divorce

If you feel you might be a good candidate for collaborative divorce, you should contact a collaborative divorce attorney that can hear your case and start putting together a team.

Source: CNBC, How to avoid a nasty and costly divorce war, February 26, 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Collaborative Divorce

Divorce High Net-Worth Divorce Marital Property Division

Divorce Appeal Not Granted for Jamie McCourt

Post author By Scott
Post date February 25, 2015

A California appeals court has not granted Jamie McCourt, the ex-wife of former Los Angeles Dodgers owner a bid to toss out the couple’s divorce agreement.

Financial Agreement During Divorce Will Stand

Los Angeles’ 2nd District Court of Appeals has decided the financial settlement arrived two during Jamie McCourt and Frank McCourt’s divorce settlement will remain as is. Jamie McCourt had sought to appeal the divorce settlement on claims that her ex-husband had not provided her with accurate estimates of the baseball team’s value in addition to television broadcast values.

The team was sold for $2 billion in 2012, after the couple finalized their divorce in late 2011.

Set Aside Divorce Agreement

Jamie McCourt contended that the divorce agreement that paid her $131 million, in addition to other luxury homes and property, should be set aside because Frank McCourt had not provided accurate estimates of the team’s value.

Jamie McCourt Had Knowledge of Value

The appeals court ruled on findings that Jamie McCourt’s lawyers had received a 220,000 page document during the divorce that discussed, at length, the value of the team. The appeal court also contended that at one point, during her role as a team official, Jamie McCourt had reviewed a document that estimated the combined value of the Dodgers and television rights to be more than $2.4 billion.

The unanimous ruling found no reason to overturn the divorce agreement on the claims that McCourt had been misled by her ex-husband.

Jamie McCourt filed for divorce in October 2009.

Source: ESPN, Court rejects Jamie McCourt’s appeal, February 25, 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags divorce agreement, divorce appeal, divorce ruling, McCourt divorce

Child Custody Divorce Spousal Support

Update: Griffin Divorce

Post author By Scott
Post date February 23, 2015

It seems hedge fun billionaire Ken Griffin’s divorce will never be settled. As more is revealed about the couple’s spending habits, it seems new arguments are rising about spousal support v. child support.

Child Support v. Spousal Support

Last month, it came out that the family spent $1 million per month on their three kids, including: $300,000 a month for intercontinental private-jet travel, $160,000 a month for vacation rentals and $60,000 a month for office space and professional staff. New revelations about the couple’s spending have just been released that detail how this $1 million per month breaks down. And according to these recently released documents, Grffin is arguing that his ex-wife, Anne Dias, has listed expenses as “child support,” even though they should clearly be listed as spousal support, since they go towards maintaining her “lifestyle.”

Breakdown of Expenses

The expenses include, per month: $6,800 for groceries, $7,200 for restaurant meals, $8,000 for gifts, and $2,000 for stationery. Griffin is claiming his ex-wife also sought $450,000 for a 10-day vacation in St. Bart’s. He agreed to $45,000 for the vacation.

Maintaining Lifestyle Prior to Divorce

Though Dias’ lawyers are not disputing the expenses, they do argue that per Illinois law, Griffin is required to fund the children’s lifestyle to maintain the lifestyle the children maintained during their parents’ marriage. They argue that the expenses simply match those of when the couple was married.

Prenuptial Agreement

Dias is also seeking to nullify the prenuptial agreement, while also making claims that Griffin is failing to pay adequate child support for their three kids. The three children are all under age 10.

Griffin maintains he is paying “virtually every expense” related to the children. These expenses include the children’s four nannies. He’s arguing that the paid expenses are solely for Dias’ benefit. These expenses include: a private chef, multiple house cleaners, and a house manager/personal assistant. According to Griffin, Dias is attempting to fund her lifestyle by claiming that her personal expenses should be a portion of child support.

Source: NBC News, $450,000 for a Vacation? Inside a Billionaire’s Divorce, February 23, 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, griffin divorce

Divorce Family Law High Net-Worth Divorce

Successful Celebrity Marriages

Post author By Scott
Post date February 20, 2015

In Hollywood it seems “divorce” is synonymous with “celebrity.” We hear about celebrities seeking divorces almost every single day. But there seems to be a group of celebrities that have managed to find the secret to long and happy marriages. Here’s a list of celebs that are still making their marriages work.

Celebrity Divorces Successful Marriages

Celebrity couple Kevin Bacon and wife, Kyra Sedgwick will be celebrating their 27th wedding anniversary this year.
“Puppy Love” singer Donny Osmond knew he was going to marry Debbie Glenn from the moment he first saw her. He attributes his happy marriage to keeping it real. “You have to take out the selfishness, you have to realize you’re on a two-way street, not a one-way street. And whenever you have an argument, she’s always right,” he said.
Denzel Washington and Pauletta Pearson were married in 1983. When he was asked about his marriage on Reddit he responded: “Well, you know, I don’t know if it’s show business that has a monopoly on divorce, it’s just that you hear about it. I don’t know what statistics are, or I don’t know if people in show business have a higher rate of divorce, but I just think that you have to work at it. Not give up on each other. It’s a commitment. It’s not all the honeymoon, it doesn’t last forever, so you work at it. And hopefully you’re good friends first, that might help!”

Working With A Divorce Attorney

Divorce can be difficult, especially if you need to iron out child custody and visitation or spousal support agreements. Working with a skilled attorney can help ensure you get a fair case. For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Huffington Post, Celebrities Who Have NEVER Been Divorced, February 9, 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags celebrity, celebrity marriage, Divorce

Child Custody Child Support Child Visitation Divorce Family Law

Singer Michelle Branch Files for Divorce

Post author By Scott
Post date February 19, 2015

After more than a decade of marriage, Michelle Branch has filed for divorce from her husband.

Files for Divorce

Citing irreconcilable differences, the “Everywhere” singer filed for divorce from Divorce Law LAdy Landau on Feb 9., 2015 Branch, 31, and Landau, 50, separated in January 2014. In California, which is a no fault state, neither spouse is found to be “at fault” for the dissolution of marriage. Citing “irreconcilable differences” allows you a “reason” for divorce.

The two were married in May 2004 in Mexico. Landau was her former bassist.

Rocky Start

“My relationship had a very rocky start,” Branch said of Landau in 2006. “My parents hated the idea – and now love him. My dad never wanted me to be with a musician. I mean, how unrealistic is that? I’m not going to fall for an accountant! And when he found out he was closer in age to my husband than I was, he got very nervous.”

Child and Joint Custody

The singer and former bassist have one child, Owen Isabelle, 9. They are seeking joint custody, which allows both parents rights to the child.

Working with a skilled attorney can help ensure you get a fair case. For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: People.com, Michelle Branch Files for Divorce, February 18, 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550