Pasadena Divorce Attorney

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Child Support, custody, custody battle, paternity

Child Custody Child Support Child Visitation Family Law Paternity

Patric’s Paternity and Custody Ruling

Post author By Scott
Post date November 19, 2014

Recently, a California court ruled Jason Patric is a legal parent of Gus Schreiber, the 4-year old boy that was conceived with Patric’s sperm. Patric’s custody lawsuit has made news for the past two years via accusations and media campaigns. Most notably, it has brought one question to the forefront of paternity issues: At what point does a sperm donor become a father?

Paternity and Custody Lawsuit

Patric agreed to donate his sperm to ex-girlfiend Danielle Schreiber in 2008. The donation was under the conditions that she did would not expect to receive child support and that she would not tell anyone that Patric was the biological father. Gus was born in 2009. At that time, Patric’s conditions remained the same. But in 2011, Patric and Schreiber rekindled their relationship. During that time, Schreiber, Gus, and Patric spent time together. Schreiber even told the child to call Patric “Dada.” The two broke up in 2012. Patric decided to sue for custody. A media circus ensued. Allegations of abuse by Patric were made. Patric put together an organization called “Stand Up For Gus,” with aims to change laws around sperm donor rights in the nation.

Family Code Section 7613(b)

California’s Family Code Section 7613(b) states if a man provides semen to a physician “for use in artificial insemination or in vitro fertilization of a woman other than the donor’s wife is treated in law as if he were not the natural father of a child thereby conceived.” This law, like others pertaining to children conceived without intercourse, was written in the 1970s as a way to protect rights of parents using sperm banks, as well as the anonymous donors to the sperm banks. But that’s not the case as much anymore as families become more and more untraditional. There are now numerous parent-donor scenarios.

New Laws, in Light of Patric’s Case

Patric’s fight for custody of Gus has generated numerous new bills, such as the Modern Family Act, which defines and protects the rights of these new parent-donor scenarios and “nontraditional” parents such as LGBTQ families. It also defines cases where a donor (sperm or egg) plays a parental role in the child’s life, regardless of the type of relationship they share with the other parent.

But the judge’s ruling does not necessarily mean Patric will get custody of Gus. In light of the highly publicized and ugly paternity battle, a judge might decide Gus is best left in his mother’s care.

For advice on child custody and paternity, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Refinery29, Jason Patric’s Ugly Battle Raises One Important Question, November 4, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody case, child custody dispute, paternity, paternity ruling

Child Custody

Beginning a Child Custody Case

Post author By Scott
Post date November 18, 2014

Children, Sports, and the Increasing Number of Brain Injuries

Sometimes people do not choose to file for child custody. If you decide to move forward, there are some necessary steps that are involved. You might also consider hiring a child custody attorney that can represent you in court.

Why File for Child Custody?

This decision is made for a number of reasons including; not wanting to get the courts involved, or there’s an informal agreement that works for both parents, fear of provoking the other parent, or fear that that provocation might result in a more custody or visitation rights being awarded to the other parent. While you might not want to enter into a child custody case, it’s important to remember that if you do, the court can provide you with certain legal rights that will legally ensure your time with your children.

Legal Rights Regarding Child

Getting a child custody order can legally give you the right to make decisions regarding your child, as well as allow you the legal right to have your child live with you. Without a child custody order, you might not legally have the ability to do these things, even if you are the parent that takes care of the child on a daily basis. Filing for child custody is not without risks though. If you decide to file, there’s a chance the other parent will request these rights. At that point it will be up to the judge to decide.

Working with a Child Custody Lawyer

Working with a child custody lawyer might be in your best interest if you decide to pursue a child custody case. A lawyer will be able to help you decide your best course of action based on your situation. Additionally, it’s important to remember that filing for child custody does not necessarily mean you get child support. But a child custody order does not automatically give you child support.

For advice on child custody, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: WomensLaw.org, California: Custody, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody case

Divorce Family Law

Do You Qualify for a Summary Dissolution?

Post author By Scott
Post date November 17, 2014

Bed Bugs: Unwelcome Visitors in College Dorms

If you’re considering divorce, and meet certain qualifications, you might want to consider filing for a summary dissolution.

What is a Summary Dissolution?

Summary dissolution is another way to dissolve your marriage. It is not a legal separation, it is a divorce. It’s quicker and easier than a standard divorce because you are not required to talk to a judge, and you may not need to hire a lawyer (though it might be in your best interest to do so). There are necessary requirements you will need to meet in order to qualify for a summary dissolution.

Qualifying for a Summary Dissolution

To be eligible to file for a summary dissolution you and your spouse must meet ALL of the following requirements:

Marriage (from date married to date separated) has been less than 5 years.
You have no children together (with born, adopted during the marriage, or expecting).
You do not own land or buildings.
You do not rent any land or buildings. The exception to this is where you live now – as long as you do not have a 1-year lease or an option to buy.
You do not owe more than $6,000 in debt acquired since the date of marriage. These are called “community obligations.” Exceptions are car loans.
You must have less than $40,000 worth of property that has been acquired during the marriage. This is called “community property.” Exceptions are cars.
You both do not have separate property that is worth more than $40,000. Again, exceptions are cars.
You both agree neither spouse will ever get spousal support.
You have signed an agreement dividing property (cars and debts).
Residency: either you or your spouse will have to have lived in California for the last 6 months. Additionally, you must have lived in the county where you’re filing for summary dissolution for the last 3 months.

Working with a Lawyer

Though a summary dissolution is less complicated than a standard divorce, it still must be done according to family law. Any legal matter can be confusing, therefore it’s important to work with a family law attorney who can ensure all the necessary steps have been taken.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: California Courts, For Married Couples, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags dissolution of marriage, Divorce, summary dissolution, summary dissolution qualifications

Child Custody Child Support Child Visitation Divorce Family Law

A Victory for Shared Parenting

Post author By Scott
Post date November 14, 2014

Negotiation versus Litigation in a Slip and Fall Case

Shared parenting has fought its battles in family law court where the awarding of a child’s custody to one parent has often been a family law tradition. Such rulings have often left the non-custodial parent with far less time that the custodial parent.

Shared Parenting

Supporters of shared parenting argue that for cases that do not involve allegations of physical abuse, substance abuse, or other issues, both parents should equal time with their children. Convincing state lawmakers of this idea has proven difficult, until now. The National Parents Organization has just released the results of a study that evaluated state custody laws. And when it comes to shared parenting, most of them received D’s.

History of Shared Parenting

According to Dr. Ned Holstein, founder of the National Parents Organization, judges have long relied on decades-old research that dictated what was best for children, rather than more recent studies that have since discredited the theory that children should only be with their mothers.

Linda Nielsen, professor of adolescent and educational psychology at Wake Forest University, has reviewed dozens of studies of child parenting situations. Shared parenting situations often showed lower levels of depression, anxiety, substance abuse, truancy, and other negative behaviors when compared to children who spent most of their time with a custodial parent. Nielsen agrees that judges, lawyers, psychologists, mediators, and others working in family law are often unaware of the current research that’s in support of shared parenting.

Making the Case for “Case-by-Case”

While the case can be made for shared parenting, Linda Scher, a family mediator, feels judges need to have flexibility when determining custody issues in order to make their decisions based on the terms of the case. While shared parenting works well in some situations, Scher feels it might “not necessarily [work] for children who are very young, or for those who need consistency.” And because of this, each case must be determined on a case-by-case basis.

For advice on divorce and child visitation, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: USA Today, Report: States fail on shared parenting laws, November 13, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags shared custody, shared parenting

Marital Property Division

Marital Property Division in 2nd and 3rd Marriages

Post author By Scott
Post date November 13, 2014

For older couples on their second or third marriages, the idea of marital property division in case of another divorce can be a tricky negotiation. When there are children involved, from previous marriages, the idea of dividing an estate can cause conflicts.

Marital Property Division in 2nd and 3rd Marriages

In the U.S. two out of five first marriages end in divorce. About half of those divorcees go on to marry again. And according to the National Stepfamily Resource Center, for those who decide to marry for a second time, 65% have children from previous marriages. These new unions can mean a very complicated situation when it comes to transferring brokerage accounts, real estate, and relationships stepchildren and step-parents.

Be Upfront about Marital Property Division

One of the best ways to bridge the awkwardness that can happen if this marriage ends up in divorce (or death), is to be upfront about your estate plan and share it with your children. This can help to avoid later feuds and lawsuits between a surviving spouse and stepchildren. “It helps to say, ‘This is the plan I want followed’ and face whatever conflicts arise then,” says Amy Wilfert, partner at Day Pitney LLP. While the conversations might be uncomfortable, it is best to avoid any unhappy surprises down the road.

Tips on the Marital Property Division Conversation

Here are some key things to remember when discussing how marital property will be divided after a death or divorce:

Be fair
Consider trusts
Make sure all documents are up-to-date
Have specific health care, end-of-life, and burial wishes

For advice on divorce and marital property division, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Bloomberg, Ways That Blended Families Can Avoid a Wealth of Bitterness, November 10, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags 2nd and 3rd Marriages, estate division, inheritance, marital property, marital property division

Divorce Family Law High Net-Worth Divorce

$1 Billion in Divorce Settlement

Post author By Scott
Post date November 12, 2014

In one of the largest divorce judgments ever, Continental Resources Chief Executive Officer Harold Hamm will pay nearly $1 billion to his ex-wife.

$999.5 million Divorce Settlement

Following the nine-week divorce trial, Oklahoma Special Judge Howard Haralson ruled oil magnate Hamm, 68, should pay Sue Ann Hamm, 58, a total of $995.5 million, thus making her one of the 100 wealthiest women in the United States. The two were wed in 1988 and had no prenuptial agreement. Sue Ann Hamm was also an executive at Continental at one point.

Continental

The amount, though large, is smaller than what her lawyers sought. The ruling also will not require Harold to sell any of his shares of Continental. He currently holds 68 percent of Continental’s shares. His stake is currently worth close to $13.9 billion, which has dropped from before the trial began, when his stake was more than $18 billion.

Divorce Settlement

While Judge Haralson’s ruling is subject to appeal, the judge placed a lien on 20 million shares of the company’s stock to secure the judgement. The judge also ordered Hamm to pay his ex-wife about one-third of the funds, which equates to $322.7 million, by the end of the year. The remaining payments, $650 million, in installments of at least $7 million per month. Much of the trial centered on how much of Continental’s growth could be attributed to Harold Hamm’s management decisions, in order to thus provide lawyers with a better understanding of his net worth.

Among the assets that were awarded to Sue Ann Hamm, was the couple’s $17.5 million ranch in Carmel, California, and a home estimated to be worth $4.7 million in Oklahoma City.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Reuters, Continental Resources CEO ordered to pay $995 million in divorce, November 10, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce agreement, divorce settlement

Child Custody Child Support Child Visitation Divorce Family Law Marital Property Division Spousal Support

Collins’ Divorce

Post author By Scott
Post date November 11, 2014

While Stephen Collins’ divorce is scheduled for court on Wednesday, there’s a chance it might not make it to trial.

Ugly Divorce

The actor and his divorce became top news a few months ago when his estranged wife, Faye Grant, taped his confession of molesting young girls decades ago. The two are scheduled to divide their assets after 25 years of marriage.

Divorce attorney Lisa Bloom, has handled some pretty divorce cases herself, but according to her, “This is probably the ugliest case to hit the media.” This is mostly due to the fact that Grant has provided a tape of the couples’ therapy session during which Collins admitted to molesting underage girls.While the audio recording is not admissible as evidence in divorce case, it does turn the spotlight on the case that has been going on for two years.

Determining Division of Assets

While the court will not assign a fault for the divorce, as California is a “no fault” state, the court will look at the martial assets that will need to be divided. “The court wants to find out the pool of assets they’re working with — real property, bank accounts, money coming in from royalties — and generally it’s divided roughly 50-50,” Bloom says. “The court does not want to get into reasons for the divorce; everyone has their reasons, everyone is angry, upset and emotional in divorces.” According to Bloom, “While the tape is not relevant in a California no-fault divorce trial, it may be relevant if the case leads to a settlement, which often happens.”

End of Collins’ Career

Collins has not been charged, but the damage to his career has already been done. He was dropped by his agent and has lost numerous up-coming roles. Grant has said in a recent statement she was not responsible for leaking the audio, and also that the tape has not played a part in the divorce proceedings that have occurred over the past two years. Grant is seeking $13,000 per month in spousal support, as well as half of the couple’s millions in assets which include properties in Brentwood. Collins is hoping to eliminate the spousal support due to the effect the recording has had on his income.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: USA Today, ‘Ugly’ Stephen Collins divorce trial set to begin, November 11, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce proceedings, divorce settlement, Spousal Support

Divorce Family Law

Summary Dissolution

Post author By Scott
Post date November 7, 2014

A summary dissolution is a quicker and easier way to obtain a divorce without having to go before a judge. You also might not even need a lawyer, thought it is in your best interest to consult one since divorce can be a tricky process.

Requirements for Summary Dissolution

Though a summary dissolution is an easier way to end your marriage, there are some requirements that you must meet. Here they are:

Both you and your spouse:

Have been married for less than five years. The five years is counted from the date you were married t the due you separated.
Do not share children – either born or adopted before or during the marriage. You are also not expecting a child.
Do not own any land or buildings.
Do not rent any land or buildings. This excludes where you currently live as long as you have not entered into a 1-year lease with an option to buy.
Do not owe more than $6,000 in debts acquired since the date of marriage. This excludes car loans.
Have less than $40,000 worth of property that was acquired during the marriage. This does not include cars.
Do not have separate property that is worth more than $40,000. This does not include cars.
Agree neither spouse will ever receive spousal support.
Have signed a written agreement dividing your property. This should include cars and debts.

Residency Requirements for Summary Dissolution

Additionally, there are some residency requirements to qualify for a summary dissolution. Either you or your spouse must have lived within the state of California for the last 6 months and in the county where you are filing your summary dissolution for the last 3 months. If you and your spouse do not meet this residency requirement, you are still able to file for a legal separation, but you will need to go through the regular legal separation process. You can also wait until you meet the residency requirements.

Source: California Courts, For Married Couples, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550