Pasadena Divorce Attorney

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

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Tips for Dividing Art During Divorce

Post author By Scott
Post date September 22, 2014

During divorce, one of the biggest arguments that can be had is over the artwork. Because of this, if you’re an art lover on the verge of filing for divorce, you might want to take some time to acquaint yourself with some legal and tax basics.

As Rough as Child Custody

“I’d put it in the same category as child-custody battles,” says Suzanne Landers, a family law attorney. She says that emotional attachments to are can often outweigh any financial considerations. In a lot of divorces, the decisions made regarding who gets what painting or sculpture can take longer than divvying up houses, cars, or even money.

Create an Inventory

According to Raoul Felder, a divorce attorney in New York City, divorcing couples need to first create a developed list that details all of the art that was bough during the marriage, and also prior to the marriage. Additionally, a list of the art sold price of the sale; and art that hasn’t been sold should be made. The art that has been obtained prior to the marriage, or (depending on jurisdiction) after the couple has legally separated or filed for divorce is not considered to be marital property, and is considered to belong to the spouse that purchased it. Another thing to remember is that if a spouse agreed to buy a piece prior to the marriage, and that piece arrives after the wedding, it is also excluded from the list of marital assets. It’s best disclose all relevant documents and pieces of art. As family and art law practitioner, Valerie L. Patten, warns, if fraud is determined, “half or even 100% of any undisclosed and unallocated assets may be awarded to the other spouse.”

Bring in an Appraiser

“The love of art grows exponentially after the appraiser’s report comes in,” especially when the items grow in value, says lawyer Ike Vanden Eykel. A couple can either decide on one appraiser, or can each hire their own. It’s important to remember that appraisers can determine different amounts, and those amounts can be far apart. The couple should either agree to split the difference if there are widely conflicting appraisals, or decide to take the differences into account when negations are made. You can then take other assets as parts of the bargaining process – such as the house, vacation home, or car. As Mr. Vanden Eykel says, “You don’t want to leave things up to a judge to decide, because the court will only order that everything be sold.”

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

Source: The Wall Street Journal, Tips for Dividing Art in a Divorce or Death, September 21, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags division of assets, Divorce, Family Law

Domestic Violence

NFL Addresses Domestic Violence Through Internal Training

Post author By Scott
Post date September 19, 2014

According to a letter from commissioner Roger Goodell to NFL team owners, within 30 days, all NFL team personnel and staff will now be required to undergo training on the prevention of domestic violence and sexual assault.

The Announcement

The announcement came the night before Goodell was set to make his first public statement in more than a week regarding the rash of NFL players involved in domestic violence allegations. His issued memo states: “These initial sessions will begin to provide the men and women of the NFL with information and tools to understand and recognize domestic violence and sexual assault. We will work with the NFL Players Association [NFLPA] to develop and present this training in the most effective way.”

This move is the latest attempt in addressing the criticism the league has received from the public and various sponsors of the league for its response to domestic violence and child abuse charges of its players.

Cooperation and Partnering

The crisis has forced a new cooperation between the league and the NFLPA.

The letter also informed owners of the league’s newly forged partnerships with several groups. “The NFL’s initial support will be directed toward state coalitions to provide additional resources to state and local sexual assault hotlines,” the letter reads.

Continued Work

Goodell closed the letter, saying the NFL has plans to put “significant resources” behind domestic violence awareness and support for victims. “These are by no means final steps,” Goodell concluded. “We will continue to work with experts to expand and develop long-term programs that raise awareness, educate, and prevent domestic violence and sexual assault both within the NFL and in our society in general.”

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

Source: CNN, Arizona Cardinals player arrested on domestic violence allegations, September 17, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Domestic Violence

Domestic Violence

Another NFL Player Charged with Domestic Violence

Post author By Scott
Post date September 18, 2014

It what continues to be an on-going saga, another NFL player has been charged with accusations of domestic violence.

According to Phoenix police, Jonathan Dwyer, 25, an Arizona Cardinals backup running back was just arrested for allegations of domestic abuse. According to a press release from the team, the Cardinals have deactivated Dwyer after hearing of news of the arrest.

The Incidents

The Phoenix Police Department’s announcement allege the two incidents occurred on consecutive days during late July, but were reported just last week. The statement went on to say that detectives interviewed Dwyer once the allegations were made, and that Dwyer “admitted to the incidents, however, denied any physical assaults.” The two victims involved were a 27-year-old woman and an 19-month-old child.

Dwyer was booked on one count of aggravated assault for causing a fracture, one count of aggravated assault that involved a minor, two counts of criminal damage, one count of preventing use of a phone in an emergency, and assault. He is being held at the Maricopa County Jail.

Cardinals Contact by Police

According to the Cardinals, the police made them aware of the allegations.

Fourth NFL Player this Week

Dwyer is the fourth NFL player making headlines for domestic violence allegations this week. Adrian Peterson of the Minnesota Vikings and Greg Hardy of the Carolina Panthers, have both taken paid leave from their teams in order to focus on their pending legal cases. Petersen is facing charges of child abuse. Hardy has been convicted of misdemeanor assault charges, but has been granted the opportunity to have a new trial in front of a jury. Running back Ray Rice has been suspended indefinitely following the release of video showing him attacking his then fiancé, and now wife. Rice is now appealing the suspension.

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

Source: CNN, Arizona Cardinals player arrested on domestic violence allegations, September 17, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Domestic Violence, NFL

Child Custody Divorce Family Law

Sherri Shepherd Divorce and Child Custody

Post author By Scott
Post date September 17, 2014

While Sherri Shepherd and soon-to-be ex-husband, Lamar Sally filed for divorce months ago, Shepherd is now just opening up about that divorce and the baby they had via surrogate.

Sally

Sally has said the two are in the process of negotiating responsibility for the newborn, while Shepherd contends they were “in court.” Sally has been more open about the divorce and court cases. He says that Shepherd has yet to meet the baby, and that he has also asked her to put her name on the baby’s birth certificate. The child has been named “L.J.” for Lamar Jr.. “I think it’s the worst thing in the world for L.J. to look at his birth certificate at 16 and see it says, ‘Mother unknown,'” he explained.

Shepherd Mum’s the Word

Meanwhile Shepherd has said little. “We don’t talk but I’m on my knees praying a lot for him,” she said about her ex. “I have a lot of lawyers… and it’s very public and it’s very painful. For me, I’m not Tori [Spelling] and Dean [McDermott]: I’m not paid to talk about my life.” In addition to this divorce, Shepherd has also recently gone to court with her first husband, over the custody of their 9-year-old son, Jeffrey. Shepherd won her case for retaining custody of him.”Anybody who knows me knows that I live for my son,” she gushed. “He is everything to me. That’s my baby.”

Lawyer

Tackling divorce and child custody issues can be a very difficult process. There are many different ways to build your case. A family law attorney will be able to walk you through the process if you are facing either.

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

Source: ABC News, Inside Sherri Shepherd’s Divorce and Custody Drama, September 17, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Divorce

Divorce

Orange is the New Black Writer Files for Divorce

Post author By Scott
Post date September 16, 2014

Lauren Morelli, a writer on the hit women’s prison show, “Orange Is the New Black” has reportedly filed for divorce. The two were together for six years.

Ex Husband

Morelli’s soon to be ex-husband, Steve Basilone is also a TV writer. The two were married just months prior to when Morelli joined the show’s writing staff. According to court documents the jointly filed divorce is stated to be an amicable split. Morelli has publicly referred to her soon to be ex as “the person I loved most in the world.”

Sexuality

While the divorce filing is new, Morelli’s much talked about sexuality is not new to the public. Morelli went public regarding her sexuality in an essay for Identities.mic. It was written six months after her and Basilone decided to end their marriage.

Only five months after getting married, the writer went to New York with “OITNB” to realize she was not straight. In the first season of OITNB, the lead character, Piper, re-ignites a fling with former lesbian lover Alex once they are thrown in jail together. Her feelings for Alex obviously cause a strain on her relationship with fiancé Larry. According to Morelli, working day in and out on those characters and story lines in the writer room, paved the way for her realization. “In Piper and Alex, I’d found a mouthpiece for my own desires and a glimmer of what my future could look like,” she wrote.

“Shamelessly Borrowed”

She also went on to say she “shamelessly borrowed” lines from her own life, putting them in Piper and Larry’s mouths as their heterosexual relationship crumbled. “I went through it all on set: I fell in love with a woman, and I watched my life play out on screen,” Morelli said.

She and actress on the show, Samira Wiley have been dating since at least the beginning of this year. But the situation is still a little rough. “Some days you feel on top of the world, like nothing can stop you,” Basilone tweeted. “And others you’re on TMZ.”

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

Source: The Los Angeles Times, Samira Wiley’s ‘OITNB’ writer girlfriend files for divorce from husband, September 15, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce

Divorce Family Law

Steps for Summary Dissolution

Post author By Scott
Post date September 15, 2014

After you have verified that you meet all the requirements for a Summary Dissolution (a form of ending your marriage), these are the steps you must take to get that Summary Dissolution taken care of.

Paperwork

You must first file two documents with the County Clerk in the county where you are filing: a Joint Petition for Summary Dissolution and a Property Settlement Agreement document. After a mandatory six-month waiting period, either party is able to file a Request for Final Judgment. This completes the process and finalizes the divorce. If a party wants to stop the process they must file a Notice of Revocation of Petition for Summary Dissolution before the six months have passed, or before the Final Judgment request is filed. If neither the Request for Final Judgment nor the Revocation of Petition are filed for, the court may dismiss the action in order to clear its records.

No Need for Court

With a summary dissolution there is no need for spouses to appear in court. A lawyer is also not needed, though it is advised that you consult a lawyer prior to beginning the process. It makes sense that both parties must both agree to entering into this form of judgement – because there is no trial or hearing, you also cannot appeal the decision in a higher court. Thus, challenging the dissolution can be a timely and expensive process.

Alien

If an alien who has gone through the process of becomming a permanent resident by marrying a U.S. citizen or permanent resident obtains a summary dissolution within two years of marriage there is a risk of deportation.

Community and Separate Property Paperwork

There are worksheets available for the couple to fill out in order to determine the value of separate and community property, as well as community obligations. These worksheets must be filed with all other previously mentioned forms. The Property Settlement Agreement must outline the division of community property and obligations. It also must include a Waiver of Spousal Support (this means that no alimony from either party will be paid). Both spouses must sign and date the agreement.

Filing Process

Once all forms are completed, they must be filed with the County Clerk in triplicate. You must also pay a fee. A case number is then assigned and two of the copies are returned – so each party has a copy. After the six-month waiting period, if the parties are in complete agreement to go through with it, one of the spouses must fill out the Request for Final Judgement (again in triplicate), file the form and pay a small fee. One copy is kept for the clerk for official records. The other two copies are mailed to each party. The day the forms are mailed indicates the date the marriage is ended, that the Property Settlement Agreement is binding, the parties have no obligations to each other (except for the binding agreements), and the parties are legally free to re-marry.

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, summary dissolution

Divorce Family Law Mediation

Fear Divorce? Mediation Might Be Best

Post author By Scott
Post date September 12, 2014

With divorce comes the fear of the situation getting out of control. Divorce is stressful for all parties involved, and has the potential to bring out the worst in people. If you fear a stressful divorce, you might want to consider another option: divorce mediation.

Mediation

Mediation allows for a negotiation process in which everyone involved puts together an equal outcome that feels fair to both parties. Mediation can also be a quicker process because both sides are working together t reach a mutual final agreement. Mediation has become a popular option in the U.S. over the years, and has helped to settle 50-80% of divorce cases. Mediation allows each spouse to have a full say in the outcome of their divorce. Working through the dissolution of a marriage with a mediator, allows couples to be less defensive and more informed. Mediators are also there to offer advice or simple solutions that the couple may not have considered.

Consider Mediation

Mediation is a great option. It usually takes half the amount of time a divorce does, and couples, on average, spend at least 50% because of the decrease in the amount of time. This is because you aren’t paying for a lawyer’s time for a traditional court proceeding.

Why It Doesn’t Work for Everyone

Because mediation is focused on coming to an agreement, it doesn’t always work. If a spouse and his or her ex cannot come to an agreement on anything, then this probably won’t be the best option. A traditional court process might be the best for that situation. But mediation presents a positive environment for couples can go without feeling the need of getting combative.

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

Source: Digital Journal, Family Law in Denver Addresses Mediation Spike in the United States, September 14, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, Family Law, mediation

Divorce

Divorce Hotel – Check in Married, Check out Divorced

Post author By Scott
Post date September 11, 2014

There’s a new way to get divorced, and it’s almost as easy as packing your bags for a vacation.

The Gideon Putnam Resort & Spa in Saratoga Springs, New York is already known for offering high-end wedding settings, but it’s now offering an alternative option to those looking to end their marriages.

The Divorce Package

For just $5,000, a divorcing couple gets separate rooms, access to the spa, tennis courts, swimming area, golf courses, as well as a lawyer. Jim Halfens, who already runs a similar type of program in the Netherlands, will be running Gideon Putnam’s divorce program. “Practically, they are divorced after signing on Sunday,” Halfens said. “After signing, all work is done and we send it to a judge who only puts a stamp on it to make it official.”

The Divorce Package – Reality TV Edition

Guests will also be able to opt in to have their weekend filmed for a reality show that’s currently in progress. To participate, couples only need be U.S. citizens and agree to solely use the attorneys provided by the program. The hotel’s website boasts of suites that book for $500 and more per night that are surrounded by the “breathtaking beauty of Saratoga Spa State Park.” The divorce package is a departure from some of the other available packages the hotel offers, such as the ‘New York Girls Getaway’ and ‘Share the Romance. It’s expected to be available towards the end of September.

Large Appeal

Hotel representative, Rob Sgarlata, a hotel representative, thinks the new package will appeal to a different type of clientele. He does not fear the Gideon Putnam’s reputation as a romantic destination for weddings will be ruined by its latest offering. “From our point of view, these are more guests with a specific need, and we have an opportunity to help them to fill that need,” Sgarlata said. “We don’t see it as different from any of our other groups.”

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

Source: Fox News, New York luxury hotel offers $5000 weekend divorce package, September 8, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550