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Child Support Family Law

Kenya Takes to FB to “Deadbeat Parents”

Single parents in Kenya are taking to a new Facebook page to express their frustrations with “deadbeat parents” who have abandoned their children.

“Dead Beat Kenya”

The page, named Dead Beat Kenya seeks to turn a very public eye on absentee parents, in an attempt to expose them. The page jarringly shares pictures, phone numbers, as well as other private details of the alleged deadbeat parents. 

Founder Jackson Njeru, started the page after seeing of Dead Beat Kenya, said he started it after seeing countless women struggling to raise children on their own. “This thing is happening in all families — we have people getting kids and running away,” he said. “Our kids are being violated.”

Accused Can Defend Themselves

While it might seem a little extreme, Njeru asks the accuser to provide any information they may have to validate the claims. He also tracks down the accused to give them a chance at defending themselves. “We call both parties. It’s a challenge to verify,” he said. “But I remind people that they’ll be sued for defamation if they make false accusations.”

Despite cries of outrage and numerous lawsuits filed against him, Njeru stands by his posts. “For me it’s all about the children. If I’m going to be jailed about the children, let it be,” he said. According to him, the Facebook group has helped to resolve close to 25 cases offline, mostly due to the fact that the alleged absentee fathers decided to try to resolve the issue after the initial verification call. Once a resolution is reached, administrators remove the post.

Opposition

Opposition to the page feel it is not only ripe for defamation lawsuits, but also might be a source of embarrassment for children whose parents have been named. 

Judy Thongori, a family attorney in Nairobi, feels parents should first try to resolve issues offline and in person. “If that fails,” she said, “there’s a court system in place to help aggrieved parties.” However, Thongori also admits that going to court can be a long, painstaking, and often costly process. Njeru adds that the courts are also rife with corruption, and often give the wealthier parent the advantage. “The aggrieved mothers and fathers who publish information on this page reserve their rights to pursue their interests for care, custody and maintenance of the abandoned children,” he said. In just a week, Dead Beat Kenya attracted roughly 180,000 members.

Njeru has no plans to remove the page. 

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

Source: CNN, ‘Dead Beat Kenya’ Facebook page claims to expose absentee parents, September 19, 2014

Divorce Law LA, Esq.

Divorce Law LA

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Pasadena, Ca. 91106

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Divorce Family Law High Net-Worth Divorce Marital Property Division Mediation

Tips for Dividing Art During Divorce

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

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Divorce Law LA

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Pasadena, Ca. 91106

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Child Custody Divorce Family Law

Sherri Shepherd Divorce and Child Custody

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

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Divorce Law LA

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Divorce Family Law

Steps for Summary Dissolution

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.

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

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Divorce Family Law Mediation

Fear Divorce? Mediation Might Be Best

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

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Divorce Family Law

Can You Do DIY Divorce?

Yes, you can file your divorce and complete the process without the help of an attorney. But before you decide that you can do your divorce on your own, you might want to consider these tips.

Good Candidate?

Are you a good candidate for a do-it-yourself divorce? If you meet the following requirements, you might be:

  1. You and your spouse agree on all issues such as division of property, custody, and any necessary support such as child or spousal support.
  2. You’re satisfied that you have complete information regarding your family’s assets and debts. The assets and debts are fairly simple.
  3. You are comfortable with the arrangements you have made regarding custody and support, as well as shared parenting time. Basically, you feel the settlement you and your spouse have come to is fair and reasonable.

Time and Patience

Another thing you will need to consider when considering a do-it-yourself divorce is if you have the time to research California’s state law, as well as gather all the necessary documentation. Will you also be able to follow through with the court filings and appearances. You will also need to be patient to deal with the emotions that might come into play once you file a divorce – even if you and your spouse are in complete agreement. Often times, this is where mediation can help you sort through any issues you might have regarding the divorce.

Consider Mediation

If you and your spouse find there are still some issues standing between you and the do-it-yourself divorce, you don’t have to rule it out just because of those issues. You might just need a divorce mediator to bring closure to those issues that are still causing grief. A mediator will be able to work with both sides to help you get to an agreement.

Last Considerations

While a do-it-yourself divorce might be the answer for you, you’ll also want to consider some other things – like consulting an accountant for any potential tax issues, or if there are any unresolved anger or deception that you might need to protect yourself from. You’ll want to be 100 percent positive going into the divorce that you will not need to seek an attorney’s help later on. But have no fear if you do decide that. An attorney can help ease any issues you and your spouse are having.

 

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

Source: Divorce Net, Do-It-Yourself Divorce: Ten Tips, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

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Categories
Divorce Family Law

Divorce and Moving Out of State

After you’ve decided to divorce from your ex-spouse you may decide you want to move states to get a fresh start. Wondering if you can leave the state before filing for divorce? Or if it would be better if you waited for the divorce to be finalized before moving? Here are some answers for you!

Establishing Jurisdiction

Before a state can grant a divorce, it needs to establish jurisdiction over both spouses. Jurisdiction gives the state a right to decide issues between the two spouses. The petition/complaint that is filed when you “file for divorce” attests to the fact that you meet requirements of residency. This agreement gives the state jurisdiction of you. And when you serve your soon to be ex-spouse with a copy of the petition/complaint, the state also gains jurisdiction over him or her. Once this jurisdiction is established you can leave the state – either temporarily or permanently. The exception to this is if you have children.

California Residency Requirement

You must meet a state’s particular residency requirement at the time you file a complaint/petition for divorce. In California a judgment of dissolution of marriage cannot be entered into unless one of the spouses has been a resident of the state for six months, and of the county in which the proceeding is filed for three months, prior to the filing of the petition. For the purpose of dissolution of marriage, the husband and wife may each have a separate domicile or residence, depending upon proof of the fact and not upon legal presumptions.

The exact time period depends on individual state laws; however the time must usually be continuous. So if you are living in a state that has a three-month requirement, you are not able to live there for two months, leave for a month, then return for a month, and then file for divorce. But once you have already filed, stating your requirements of residency, jurisdiction requirements over you are satisfied. That means you don’t have to stay once the paperwork is filed.

Considerations

It’s important to remember that most divorces usually involve court appearances. Some states might also require that mediation has happened in an effort to resolve issues prior to filing. You’ll want to avoid having to return to the state in which you’ve filed to finalize your divorce. So if it’s a fairly straight-forward divorce, you might consider staying in the state until it’s finalized.

 

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

Source: Legal Zoom, Leaving the State After Filing for Divorce, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Divorce Family Law Spousal Support

Paying Alimony to an Accused Murderer

Having to pay alimony to an ex-spouse can be one of life’s frustrating situations. It’s often an obligation that people just have to grin-and-bear. But for one Utah woman, it’s so much more than an annoyance. For her it means paying alimony to an ex-husband that has been accused of murdering her new husband.

Joy Sidwell

Joy Sidwell of Lindon, Utah, recently asked a judge to allow her stop making the monthly $500 alimony payments to her ex-spouse, Fred Lee. Lee allegedly killed Sidwell’s new husband, Mike Sidwell, in July. According to authorities, Lee, 59, is being held in the Utah County Jail on aggravated murder charges, among others.

Fred Lee

According to court documents, Lee told police he was searching for Sidwell “to kill her,” on July 3. Reportedly, he then entered the Sidwell home searching for his ex-wife, but shot and killed her current husband, Mike Sidwell. “My grandson called me and said, ‘Call [Mike] and tell him we saw grandpa [Fred] hiding behind the van.’ But it was too late, he had already been shot. It’s been a nightmare,” Joy Sidwell said.

Alimony Obstacle

Sidwell had filed stalking complaints against Lee in 2005 and 2007. She also had protective orders issued for him. She feels this issue of alimony is another obstacle in the legal system. “It should be a simple thing. I shouldn’t even have to go to court to do it,” Sidwell said. “They should just see that.” According to Sidwell, Utah State Court Commissioner Thomas Patton told her she is over-reaching. “But I’m like, ‘You don’t know how this guy [Fred Lee] thinks,’” she said. Lee has been awarded alimony due to a head injury that prevented him from working, Sidwell said.

Utah Law

While Utah law does not address unusual situations like this, the government website does reference how the role of material changes with modifying alimony payments. According to Utah state law, “if there are substantial material changes in circumstances not foreseeable at the time of divorce, either party may petition the court for an order modifying alimony. However, the court may not modify alimony to address needs of the recipient that did not exist at the time the decree was entered, unless there are special reasons for doing so.”

Sidwell has plans to return to court on Sept. 15 to petition for the alimony payments to be stopped. Lee will legally be allowed to contest her petition.

 

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

Source: ABC News, Woman Pleads to Stop Alimony Paid to Ex-Husband Accused of Killing New Husband, August 26, 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 Support Divorce Family Law Spousal Support

The Problem with Alimony

Alimony, also called “spousal maintenance,” is the legal obligation a person has to provide financial support to his or her spouse. This can be claimed either before or after a divorce. Alimony used to be considered a legal right of the spouse that was wronger in the divorce. New no-fault divorce laws have made alimony a conditional legal right that is based on various statutory factors and case laws. But alimony can be a tricky thing, mostly because economically speaking, divorces spouses are not equal. Typically the two spouses have different earnings and earnings potentials. Because of this fact, it falls to family courts to determine and rectify economic inequality that ultimately comes when two people decide to divorce.

No Set Formula

Unlike child support, there are no general standards or formulas for a court to determine the amount and terms of alimony. Because of that, cases that have similar facts and bases have very different outcomes. Alimony also tends to prolong divorces, and nearly 80% of divorces come with a request for alimony modification. Since alimony is so widespread, and since there is so much variance in the rulings, there is an underlying belief that alimony needs to be fixed, and that uniform standards and formulas should be created.

The Problem with a Formula

While a formulaic approach to alimony might sound like a good idea, it’s important to remember just how there is not a “one size fits all” answer for marriages that differ by type, socio-economic reasons, as well as just the facts of a marriage. A simple calculation might be too easy to supplement when full merit of a nonworking spouse’s worth needs to be taken into account. An example of this is the idea that if alimony duration is determined by length of marriage, a woman who falls victim to domestic abuse will face impossible decisions like “should I stay in this marriage until I meet a certain cut-off date for support?”

Re-Focus

Rather than looking for a one-size fits all, it might be best to encourage equal economic allocations and financial control during the marriage, or during the combining of a couple’s finances. Postnuptials and prenuptial agreements should be discussed more thoroughly, as should estate plans that provide for trustees and third-party wealth administrators. Essentially, some financial planning should be done during a divorce, so that the burden of deciding on a person’s finances after a divorce no longer completely falls to a judge or a court.

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

Source: Time.com, Alimony Is Broken — But Let’s Not Fix It, September 1, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co