Category: Family Law

Divorce Law LA blog posts about family law.

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Divorce Domestic Violence Family Law High Net-Worth Divorce

Privacy and Divorce

Negotiation versus Litigation in a Slip and Fall Case

When celebrities or high net worth couples divorce, it seems everyone knows, even when every attempt is made to keep it out of the public eye. Knowing that there are spying eyes is the first step in protecting private information.

Divorce in the Public Eye

Divorce can get ugly, it goes without saying. Warring couples can argue about anything. But perhaps the one thing they can agree on is the need to shield any children involved. For high net worth couples, they also seem to agree on the need to keep the family’s name and legacy in good standings.

According to partner and co-chair at Pryor Cashman LLP, Judith L. Poller, “Celebrity clients nearly always arrive at a settlement rather than going to trial. After legal costs, privacy concerns are probably the biggest reason why.”

Gain Control of Divorce

But often a high net worth spouse, in an effort to gain control during the divorce process, will leak any information they have, or authorize other members of their team to leak information on the other parent, according to Stacy D. Phillips, a founder and Managing Principal at Phillips Lerner LLC. In these cases, the children become collateral damage.

“Everyone understands that anything said in court is on the record. Some judges are more inclined than others to compel parties toward settlement by facilitating private backroom discussions. In California, where all filings, except paternity, are open to the public, clients have the ability to hire private judges to hear arguments and make rulings confidentially,” said Phillips. ”Even so, hearings before a private judge are considered public trials and technically anyone can attend, but in reality the press does not. And, all pleadings must still be filed at the public courthouse.”

Going Public

But even when court documents are sealed, it seems private information can still be leaked. “Tort claims often seek damages for wrongdoing not covered by marital law, including allegations of assault or sexually transmitted diseases. Even if unfounded these accusations can be incredibly harmful to business prospects and professional relationships,” said Poller. So, when pursuing your high net worth divorce, you should understand your jurisdictions laws regarding how proceedings and filings are kept private, while also ensuring your team of professionals is doing everything they can to ensure privacy for everyone involved.

Source: Forbes, Protecting Privacy In A Divorce, December 8, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Domestic Violence Family Law

Facing Domestic Violence Charges

When You Might Consider a Lawyer for Personal Injury Claims

In California, when a person is charged with spousal abuse relating to domestic violence, there are two common charges. These two charges are: corporal injury to a spouse or spousal battery. Below we outline the differences between the two.

Corporal Injury to a Spouse

Corporal injury to a spouse or cohabitant is charged as a felony crime. This charge can be brought when a person willfully inflicts on his or her spouse, former spouse, cohabitant, former cohabitant, or on any person who is the parent of his or her child, corporal injury that results in a traumatic condition.

“Traumatic condition” is defined by the California Penal code as a condition of the body, such as a wound or injury, regardless of how serious that wound or injury is. Regardless of how slight an injury is, as long as there is an injury, an arrest will be made if police are called to the scene of a domestic violence incident.

Spousal Battery

Spousal battery is generally charged as a misdemeanor crime. California penal code defines battery as any willful and unlawful use of force or violence upon the person of another. A person can be charged with spousal battery when a person commits battery against a spouse, a cohabitant, former spouse, fiancée, or a person with whom the person accused of has previously dated or are dating. Injury is not required for a person to be charged with spousal battery.

Hiring a Lawyer for Domestic Violence Charges

If you are the victim of domestic violence, you need to contact a lawyer that will be able to protect you and defend your case. An attorney will be able to protect you and your family via various methods that include getting a restraining order or custody changes. A lawyer will be able to plead your case so that you feel safe and well represented.

 

Source: Sigal Law Group, Understanding Domestic Violence Charges , 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Divorce Family Law

Child Custody Decisions

There are a number of key questions that need to be raised when it comes to child custody rights. There are multiple considerations that need to be made when a court determines a custody ruling. Here are some things you should educate yourself on if you are facing a child custody dispute.

Divorce and Child Custody Decisions

Decisions regarding child custody are usually arrived at through the help of attorneys and mediators or by the court. More specifically, either two parents are able to come to an agreement either through informal settlement negotiations or mediation, or a court (usually a family court judge) needs to decide for them.

Unmarried Parents

Often times custody and visitation rulings can be a more simplified process when a child’s parents are unmarried. This is because the focus can be given to he child custody dispute, rather than being spread across other issues such as division of property and payment of spousal support. In cases with unmarried parents, the family court’s primary consideration is usually identifying the child’s “primary caretaker.”

Non-Parental Child Custody Decisions

Sometimes relatives like grandparents, aunts, uncles, and close family friends wish to obtain custody. Often states label these cases “non-parental” or “third-party” custody, or obtaining “guardianship.” Each state has specific statutes regarding these cases. Working with a licensed attorney in your area will help ensure you follow the rules of your state’s court.

 

Source: FindLaw, How Child Custody Decisions Are Made, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law High Net-Worth Divorce

Divorce Rate Not As Bad As You Think

When You Might Consider a Lawyer for Personal Injury Claims

There’s a common statistic tossed around when people talk about the divorce rate: “50% of U.S. marriages end in divorce.” But it’s apparently not true.

Divorce Rate Not 50%

A recent piece published by the New York Times’ blog Upshot reports that the divorce rate is not only not at 50%, but it’s not rising either. It’s actually been dropping for the past years, making what was a high divorce rate in the late 1970s and early 1980s perhaps just a “historical anomaly,” and not an actual trend.

Some New Stats

Here are a few more facts the piece uncovers:

  • Roughly 70% of marriages that married in the 1990s reached their 15th wedding anniversary – this is an increase from the 65% of marriages began in the 1970s and 1980s.
  • Couples who wed in the 2000s are getting divorced at even lower rates than those marriages that began in the 1990s.
  • According to economists Betsey Stevenson and Justin Wolfer, the  1970s feminist movement had a big impact on where the divorce rate stands now. As women entered the work force and birth control was made more available, marriage began to turn into its “modern-day form, based on love and shared passions, and often two incomes and shared housekeeping duties.”
  • People are marrying later in life – they often seek having full careers before “settling down.” Median age for marriage in the 1950s was 23 for men, 20 for women. In 2004, the median age for marriage was 27 for men, 26 for women. Getting married later in life allows people to really know what they want or don’t want out of a mate, thus making marriages more stable once entered into.

Seeking a Divorce

While the divorce rate may be lower than you thought, people still find themselves unhappy in their marriages. The spike seen in the 1970s and 1980s might have also been the result of divorce becoming more socially acceptable. Prior to that, people feared being judged, and thus stayed in unhappy marriages. Luckily, that isn’t the case anymore, and unhappy couples are free to divorce and start new lives. If you’re seeking a divorce, you might want to consider working with a divorce attorney that can help you through what can be a difficult process.

 

Source: The Huffington Post, The Truth About The Divorce Rate Is Surprisingly Optimistic, December 2, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law Modification to Family Court Orders

Appealing a Divorce Settlement

Negotiation versus Litigation in a Slip and Fall Case

Either spouse is able to appeal a court’s decision on the divorce judgment – regardless of if the settlement came through settlement agreement or a court. Certain decisions, certain rights, and certain obligations are able to be challenged.

Quick Note

While either spouse is able to appeal a court’s decision to a higher court, it’s unusual for the appeals court to overturn the initial decision.

Appeal a Divorce Settlement

If you disagree with the ruling and decide to appeal it, your lawyer will file a brief containing your legal argument tat the court judge incorrectly applied the law when making his or her decision. The opposing side will file their brief stating the trial judge was correct in making his or her decision. Appeals court is heavily reliant on the “record,” which is a written version of what occurred in the first trial and new evidence is usually not introduced during the appeal. Because of this, the success of appealing depends on what occurred during the trial. After the appeals court makes its decision, you are not able to appeal it further.

It’s important to remember that you cannot appeal an agreement if you agree to it. So if you are in agreement regarding property, child support, etc…and that agreement is approved and then finalized by a judge, you are usually stuck with the terms decided to in that agreement. If you’re still in disagreement with anything in the settlement, you are are able to modify the divorce judgment.

Modifying a Divorce Settlement

After a divorce judgment has been entered, you’re still able to change certain aspects of it including: child custody arrangements, visitation schedules, child support, and alimony (spousal support). This is called a “motion to modify” the divorce judgment. You will usually file this in the same court where the divorce was originally filed and thus where the judgment was issued.

 

Source: FindLaw, Appeals and Motions to Modify the Divorce Judgment, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Visitation Divorce Family Law

Child Visitation During the Holidays

With Thanksgiving tomorrow, and the rest of the holidays just peeking ’round the corner, you might be facing the dilemma that comes with coordinating child visitation during this time of year.

Eliminate the Stress of Holiday Child Visitation Schedules

There’s no reason why coordinating your child visitation schedule should add stress to the holiday season. There are some critical steps that need to be taken to ensure a stress-free custody situation. Before the season kicks off, reflect on which holiday is most important – whether it be Kwanza, Christmas, or Thanksgiving, 4th of July, or Easter. There will have to be some form of give-and-take, but if you can prioritize the holidays for yourself you might find you’re willing to negotiate a little easier. If both you and your co-parent value the same holiday the same amount, you should consider trading off the years. If you live close enough, and it’s not going to cause any drama, you might even want to split the day.

Get the Child Visitation Schedule in Writing Ahead of Time

Like most things with the holidays, managing a child visitation schedule closer to the actual holiday can add to the stress. Your child will also want to know where they are spending which holiday. Putting a plan in place far ahead of time, and putting it in writing will ensure that you aren’t deciding, or negotiating, on child visitation right up until the day before. Keep a record of the schedule, especially if you are trading off years for holidays. Having a plan in writing makes it impossible to forget how the holidays were split up the year prior. That way you can put your energy into actually celebrating the holiday, rather than stressing about who will be where.

Working with a Family Law Attorney

If you’re having trouble working with your co-parent on putting together a child visitation schedule, you might want to consider working with a family law attorney that works with child custody issues. Having a go-between can help ease any tension surrounding negotiations, especially when the negotiations revolve around important family moments like the holiday season.

 

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

Source: Our Family Wizard, Coordinating child custody during holidays, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Family Law Paternity Spousal Support

Miller Custody Battle

When You Might Consider a Lawyer for Personal Injury Claims

An agreement has finally been reached in the custody battle between Olympic skier Bode Miller, 37, and his ex-girlfriend.

Custody Battle

Five-time world champion Miller and ex-girlfriend, Sara McKenna, 28, a student at Columbia University, have been stuck in a bitter custody battle over their 18-month-old son, Samuel. The two have struck a deal just on the eve of a trial where each were expected to bring witnesses to testify to the psychological impact of the the temporary joint custody arrangement was having on Samuel. The two were also in disagreement regarding the amount of child support McKenna had requested.

Previous Custody Ruling

McKenna is a retired Marine who is attending Columbia on the GI Bill. She gave birth to Samuel during her first semester at Columbia in New York. Prior to the baby even being born, Miller was awarded custody of him in California court. Initially, a New York family court judge supported the California ruling and thus, ordered McKenna to surrender Samuel to Miller. A judge in the Appellate Division in Manhattan overturned that decision, ruling that a custody decision needed to be made in New York (not California) because the baby had been born in New York. As a result, McKenna and the Samuel were reunited. Over the past year McKenna and Miller (along with his new wife, volleyball player Morgan Beck) have shared custody, splitting time between California and New York.

McKenna and Miller

McKenna and Miller had a brief fling while McKenna was in California and McKenna got pregnant. Allegedly, when she got pregnant, Miller did not want to take part in Samuel’s life. Thus, McKenna enrolled in the veterans program at Columbia. She had already accepted the scholarship to Columbia and made plans to move to New York when Miller filed for custody in California.

 

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

Source: Daily News, Bode Miller settles custody fight for son with ex Sara McKenna, November 17, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Family Law Paternity

Patric’s Paternity and Custody Ruling

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

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law

Do You Qualify for a Summary Dissolution?

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

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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