Sunday, May 31, 2015

I've FIRED MY ATTORNEY But She Won't Release My FILES - What Should I do?

I want to fire my divorce attorney. She claims I owe her money for legal services, but I don't feel I owe her because I was double billed for some items... read more

How to Choose a Lawyer for Divorce Property Division

In a divorce case, it is common that couples will have to divide the property in a fair fashion. Multiple details affect this procedure such how long you were married and the reasons for filing the petition. Sometimes, alimony or child support is necessary. If you are diving divorce property, you should consult a knowledge professional.

Look for Up-To-Date Certifications
Depending on the area of law, there are certain certificates and specializations that indicate an individual is experienced enough to practice in that field. Furthermore, at the most basic, lawyers but pass a state bar exam and register with the governing body. Typically, continuing education hour minimums must also be met. Make sure your representation is up-to-date on everything.

Knowledge in Associated Legal Areas
There are a few main areas you attorney should have extensive knowledge about:
• Equitable Distribution
• Community Property Division
• Property Settlement Agreements

Most states have laws that require a 50/50 division if the couple was together for anywhere from 10-15 years. However, some parties agree on a different distribution. In which case, lawyers will draft documents accordingly. An intimate knowledge of legal procedures is required to make these papers binding.

Professionally Asses Values
Lawyers are not real estate agents and should not be the ones to value your property. Instead, they should hire a third party to conduct a real inspection to be sure all settlements are accurate. Find firms who use ethical practices. To learn more about choosing a property division lawyer in San Diego, please visit this website.

Marriage of Lappe | Mediation Does Not Avoid Exchange of Declarations of Disclosure Prior to Entry of Dissolution Judgment

Judge Thomas Trent Lewis is one of the pre-eminent trainers of Certified Family Law Specialists for the Rutter Group and other continuing legal ed seminars... read more

The Top 5 Most Devastating Divorces

Divorce can happen to anyone – even couples who seem to be stable and completely in love – and often does. Whether it’s due to infidelity, financial issues, or simply a change in feelings, there are numerous couples that deal with this issue each year. Here are some of the most shocking and devastating divorces that have happened in the public eye.

1. Mel Gibson and Robyn Denise Moore
This couple married a long time before Mel became a household name, famous for such movies as “Braveheart” and “Lethal Weapon.” Moore was a dental nurse at the time of their marriage, and they raised seven children together in seeming bliss. After news broke of Gibson fathering a child with another woman, the couple had their marriage annulled after 31 years.

2. Heidi Klum and Seal
The singer Seal and the model/”Project Runway” host Klum seemingly had the perfect marriage, publicly declaring their love and affection with an elaborate tradition of annually renewing their vows. They shocked the world,after almost seven years of marriage, by announcing they were filing for divorce in 2012.

3. Tom Cruise and Katie Holmes
One of the most high profile celebrity couples, Cruise and Holmes divorced after five years together. After a very public courtship, where Cruise made sweeping displays of his love and affection, it seems they weren’t destined to remain together forever.

4. Maria Shriver and Arnold Schwarzenegger
This power couple split after 28 years of marriage and four children. Dividing a fortune of around $400 million was a challenge as a result of the split.

5. Madonna and Guy Ritchie
The singer and director married in 2001, had two children together and
divorced in 2008. Rumored to have fought about adoption (of one of their sons) and their careers, they have both moved onto new relationships and separate lives.

Visit this website to learn about a divorce lawyer in San Diego.

Parenting Plan and Mediation Library

This outlines the stages that our mediations typically follow for mediating divorce, RDP dissolutions, and other family law matters including custody... read more

How Can Divorce Affect Your Children?

Divorce is difficult on everyone involved, but children are often hit the hardest. Rotating between multiple homes and navigating visitation can be challenging. As a result, these kids are at a high risk for certain behaviors like bullying or substance abuse. However, if you are aware of the common outcomes and talk with your children, you can help them successfully cope with the situation.

Mimicking Negative Parental Behaviors

It is no secret that some relationships simply do not end on positive terms. This can cause parents to yell, name call or bad mouth the other. When children see this, they unconsciously understand that behavior as a healthy emotional response. This can create unhealthy habits and negatively impact future relationships and friendships.

Bullies at School, Responsible at Home

Many children of divorced parents experience difficulty in their academic lives. At first, there is a lot of adjustment as they cope with their new situation. Without proper mental care or tutoring, the child may fall further behind and take their frustration out on classmates. However, these same children refocus their attention to be responsible daughters, sons and siblings.

Happy to See Parents Thrive

Regardless of how negative or positive the divorce ends, children will take pleasure in their parents’ happiness. If both parties make an effort to become healthier people, children will support the new way of life. Sometimes living separately is for the better and with time, your kids will agree if you continue to set a good example. To learn more about a divorce lawyer in San Diego, please visit this website.

Parting Ways

Splitting up with your partner can whitewash everything else in your life, making it all seem so trivial. However, you can get through it. Seek out the right help to confront and eventually overcome your breakup.

Tips on Child Visitation

When you must negotiate a parent-child visitation schedule, it is very important to take steps to strengthen the relationship and offer regular support for the child. Divorce is a difficult time for everyone so take care to pay attention to how your child’s needs change and try to navigate new obstacles as positively as possible.

Be Consistent

Stick to a routine. Don’t rotate between meeting on the weekends and weekdays. Pick a schedule and stick with it. This might be the highlight of your child’s week so give them something to rely on. Allow room for special circumstances or the occasional work meeting. However, make visitation the top priority so you can make the most of parent-child time.

Take Your Child Age Into Account

Teenagers and toddlers react very differently to parent-child bonding. Your older kids may want to spend more time with their friends, while younger children never want you to leave. Don’t take it personally. Instead, plan visitations with this fact in mind. Schedule time for a Wednesday night dinner, so your teen can enjoy a Saturday with friends.

Be Cordial

Unfortunately, a divorce may cause negative emotions on either or both sides, but stay cordial. Make an agreement with your ex-spouse to remain calm in front of the kids and resolve conflicts privately. Seeing their parents openly angry at each other can cause children stress. Avoid this tension to make visitation as pleasant as possible. To learn more about a child visitation attorney in San Diego, please visit this website.

Are My Attorney Fees Paid In Connection With Spousal Support Tax Deductible?

I obtained orders for spousal support, which my husband objected to without success, in our pending dissolution... read more

7 Characteristics of a Great Lawyer

A lawyer is not hard to come by, with a number of options available whatever your city and situation. A great lawyer, however, is more rare. How do you separate a lawyer who’s just okay from a great one? Here are seven tips to help you weed out the best.

1. Experience
Does the person have the necessary experience? Although it’s not required that they have worked on exactly the same case as yours (as no two situations are exactly alike), you’ll want someone who has the relevant background and expertise.

2. Thorough
A good lawyer will leave no stone unturned in handling your case. If there are gaps in his or her knowledge base, he or she will do as much research as possible to get up to speed.

3. Honesty
It’s crucial to find representation that you can trust to handle your case and be upfront with you regarding expectations. Take advantage of an initial consultation and decide whether you think he or she is trustworthy and honest.

4. Responsiveness and Availability
You’ll want someone who gets back to you within a reasonable amount of time, and can work at your convenience. This should be easy to determine in short order.

5. Rapport
Do you feel comfortable with this person? If you don’t, this is a red flag. Even if the person has a great legal record, this means very little if you can’t speak freely with them.

6. References
A reputable lawyer will provide references upon request. If you have contacts within the industry, reach out and get a more objective opinion as well.

7. Reasonable fees
Legal fees can vary greatly from one firm to the next, and one lawyer to the next. It’s important to do your research and find one that you feel charges a fair amount. Do not select based on fees alone, however, as an experienced lawyer may take half the time to complete tasks in comparison with an inexperienced one.

Visit this website to find out more information about a family attorney in San Diego.

Tips for a New Beginning: How a Restraining Order Can Help

One of the most distressing aspects of a relationship issue can be the isolation it may cause. When things go wrong, it can leave you feeling as if you’ve failed in some way. Many people convince themselves that they should have seen warning signs or taken action sooner. It can be very difficult to put feelings of guilt or shame aside and seek help. The fact is that no one is responsible for abuse other than abusers themselves. Asserting your right to get help is an important first step in getting on with your life.

When a relationship is out of control, the most important thing to do is secure immediate protection. There are several types of restraining orders, and you may need one or more of them. Emergency protective orders remain in effect for five business days and are issued to address an imminent threat. Permanent restraining orders can last up to three years; they can be extended at the court’s discretion. Temporary restraining orders provide a bridge between the two, lasting for two to three weeks while the victim waits for a hearing on a permanent order.

Civil harassment occurs when a person to whom you are not related tries to control or intimidate you. This may stem from a dating relationship that has soured, a neighbor who has become enraged over a perceived slight, a friendship that has gone wrong, or any number or other situations in which someone makes you the object of obsessive rage. A restraining order can end all contact, preventing the aggressor from interfering with your life, home, or other property.

Domestic violence is a common reason to seek a restraining order. Domestic violence victims need immediate protection to begin the process of figuring out how to move forward. Spouses’ lives are intricately interwoven, making it especially critical for the victim to be able to establish boundaries and space for clear-headed decision making in order to formulate a sound plan for a new start.

Elder or dependent adult abuse gets less attention than other forms of abuse, but can leave the victim particularly isolated and frightened. In these situations it is often another concerned party who starts the process of seeking a restraining order, which can temporarily remove the victim from dependence on the abuser so that steps can be taken to ensure long-term safety.

Workplace abuse can be particularly frightening since it threatens the victim’s livelihood. It’s essential to seek the court’s help to put a stop to the abuse without preventing the victim from continuing to earn a living.

To learn more about the types of restraining orders and how they can help you, visit this website

Thursday, May 21, 2015

Time for Change

Over time, even the people you love most can become strangers. Once happy marriages can become tense and hectic. The decision to end a marriage is never easy, but sometimes it’s for the better.

Wednesday, May 20, 2015

Options to End Marriage or Domestic Partnership

A divorce (also called “dissolution of marriage” or “dissolution of domestic partnership”) ends your marriage or domestic partnership (or both if you are both married and in a domestic partnership with your spouse)... read more

Tuesday, May 19, 2015

Divorce Court

Ending a marriage can be a terrifying experience for anyone. However, with the right help and guidance, it’s not so scary as before. Sometimes a divorce is necessary and divorce court is here to help.

The Effect of Marriage on Child Support

In the event that two parents part ways, the non-custodial parent is obligated to pay child support to the custodial parent. The amount that the non-custodial pays is dependent on their wages and is then garnished from their paycheck. If the non-custodial parent remarries, it generally does not affect the amount of child support obligation that is paid since the payments are the sole responsibility of the biological parent. However, there are a few exceptions to this. 

1. Modifications 

 If the non-custodial parent arranges an agreement with his employer to make their weekly income payable to their new spouse with the intention of hiding said income, then the state will garnish the wages that the new spouse is receiving in order to make child support payments to the custodial parent. However, not paying child support causes more financial difficulties than paying child support, so hiding income is not the best idea. Another instance of marriage effecting child support is when the custodial parent requests that the child support be modified due to an increase of the non-custodial parent’s household income. However, when child support obligations are modified due to increased income with the addition of the new spouse, the garnished wages are still taken from the non-custodial parent’s paycheck. It is not uncommon for the new spouse’s income to be a factored into how much the non-custodial parent has to pay in child support. 

To learn more about a child custody lawyer in Rancho Bernardo, visit this website.