Los Angeles Divorce Lawyer Blog

The New York Times is reporting that sons of divorce could have a more difficult time coping than daughters.

Our Los Angeles divorce lawyers recently wrote about challenges facing adult children of divorce parents. The more common challenge, of course, is the health and welfare of young children.

We take reports like this with a grain of salt. Next month, there is likely to be a researcher somewhere who contends daughters are more likely to have a difficult time. The important message to take away from such studies is the need to prepare children for a life in which both parents live separately, lead separate lives, and often remarry.

As we reported recently on our Los Angeles Divorce Lawyer Blog, parents know, intellectually, that they are entering the life of single parents. But operating two households on the same income is like taking a 50 percent pay cut. And arguing about visitation is often pointless as the custodial parent will often look forward to the much-needed break.

An experienced Los Angeles divorce lawyer and child custody attorney will be able to assist you in avoiding many of the common pitfalls that unnecessarily delay a divorce. Conversely, he or she will be able to keep you from rushing a divorce at the expense of costly mistakes that will impact your future well-being. Child support and alimony are just two of the issues that will impact how well you are able to provide for your children going forward, whether you are on the receiving end or the paying end.

This study found that separation from a father, which happens frequently when a mother gets custodial control, could have more of an emotional impact on sons. To that end, the study collaborates what other reports have found, and that is the importance of a father figure or male role model in a child's life.

As we reported last June on our Los Angeles Divorce Lawyer Blog, we understand the importance of protecting a father's rights during a California divorce and child custody case.

The number of non-resident fathers who enjoy relationships with their children continues to rise. In 1976, just 18 percent saw their kids weekly. By 2002, that number had increased to 31 percent. Meanwhile, the number of father's who have no contact with their children continues to decline, from 37 percent to 29 percent.

A father's rights are a critical aspect of divorce. Seeking solid advice at the earliest stage of a child custody case in Los Angeles can go a long way toward protecting your rights and preserving your future relationship with your children.

Continue reading "Father's rights critical to boys' development following Los Angeles divorce" »

A recent article in the Huffington Post explores an issue seldom mentioned in divorces involving children -- usually only one parent wants to divorce, leaving the other with no choice but to reluctantly enter dissolution or divorce proceedings.

Consulting a Los Angeles divorce lawyer or child custody attorney is nevertheless vital to protecting your rights and your future quality of life and financial well-being, not to mention your relationship with your child. Frequently, the partner seeking divorce has done his or her homework. Failure to do likewise can result in consequences that you will be dealing with for years to come.

Author Judith Wallerstein, founder of the Center for the Family in Transition which bears her name, notes that the resulting hurt feelings are often responsible for much of the animosity and legal wrangling sometimes present in a divorce. When each side hires professional, competent divorce counsel (which is essential to protecting your rights anyway) some of that emotion can be removed from the equation. It can also help prevent children from becoming a pawn in such bitter disputes.

Wallerstein notes that no-fault divorce is a legal concept, not an emotional one. But as a legal concept it works just fine with appropriate legal advice. No-fault divorce in California means each party is entitled to half the marital assets. Your attorney should be invaluable in helping you determine what should be considered marital assets. Retirement savings? College degrees and their earning power? He or she will also assist you in determining what is a fair-market value and a fair and equitable division.

While an experienced lawyer cannot take all of the emotion out of the equation, he or she should be able to help shield you from the disruption and consequences of such emotions, while working to ensure you are treated fairly by the process, whether or not the divorce was of your choosing.

Continue reading "One-sided divorce in Los Angeles often a consequence of one party's wishes" »

Many common reasons for avoiding divorce are logically flawed. In fact, according to a recent article at the Times of Malta, all of the reasons most commonly given for avoiding divorce have little validity.

Our Los Angeles divorce lawyers frequently see such flawed reasoning. Whether the reasons are religion, financial or involve the children, remaining in an unhappy marriage takes a heavy toll on all involved.

Take, for example, the argument that divorce is against the teachings of the church. Aside from the fact that not all persons are Catholic, there is also the fact that even many Catholics disagree with many of the church's doctrines. Furthermore, the Catholic Church's policies regarding divorce are not unequivocally consistent with Biblical texts, and there are many sects of Christianity that do condone divorce in certain circumstances.

Another example, according to the article, is avoiding divorce "for the sake of the kids." On its face, this reason seems attractive: no one wants to harm children. But staying in a bad marriage can be as bad for a family as dealing with the reality. Children are both smart and resilient. If you and your spouse are fighting, unhappy, or distant, it is not going unnoticed by the kids.

Still, it's clear that unilateral divorces based solely on incompatibility represent only a percentage of all divorces. Furthermore, according to the Times article, it's not the divorce itself that harms children, it's the circumstances surrounding the divorce.

For example, an amicable divorce, sensible custody terms and devoted parents all serve to mitigate any damage to the children of a divorce. Contrast this situation with a marriage where domestic abuse is commonplace. Which situation would you rather have your children in?

To sum up, no marital situations are exactly the same. Rather than blindly following "conventional wisdom," objectively assess your own situation and consult help if needed. Family law attorneys are experienced in matters of marital disputes and can assist you in protecting your rights and your future financial well-being before you speak to your spouse about a separation.

Continue reading "Anti-Divorce Arguments in Los Angeles: Maybe Not as Clear as They May Seem" »

People magazine is reporting that Musician Ben Harper filed for divorce in Los Angeles from actress Laura Dern.

California's no-fault divorce law calls for an equal division of marital property. Thus, many divorces are won or lost in determining what is equal and what constitutes marital property. Of particular concern in cases like this is future income or royalties from music or work performed by either party. As we discussed recently on our Los Angeles Divorce Lawyer Blog, the ex-wife of "Law and Order" creator Dick Wolf is suing for ongoing income from the television series. And Actor Michael Dogulas' ex-wife recently sued for income in connection with the "Wall Street" sequel, to which she claims she is entitled to by her divorce agreement.

For most marriages, bonus income, retirement income, inheritance and the valuation of a business and/or its future earning potential can complicate determining a fair divorce settlement.

People said Harper filed for divorce from Dern after five years of marriage, citing irreconcilable differences. Virtually all marriages in California are filed on such grounds. The law also recognizes an insanity grounds, but the practical nature of claiming irreconcilable differences makes if the default choice under California law.

The couple are seeking joint child custody of their two children. Child custody is often the most contentious issue involving divorce. Even when a couple agrees to joint custody, hashing out the details can be contentious. Additionally, it is important to include contingencies that often do not occur to either party. Who pays for medical bills? Who pays for college? What if a child desires to live primarily with one parent?

The couple married in 2005 in Los Angeles and has a 9-year-old son and a 5-year-old daughter. Despite the relatively short length of their marriage, this case illustrates a few of the complex issues that makes consulting an experienced attorney the best course of action.

Continue reading "Musician Ben Harper and Actress Laura Dern file for divorce in Los Angeles " »

A case out of Nevada is making news across the country after a woman who filed for a marriage license learned her mother had abducted her from New Jersey nearly three decades ago, the Tahoe Bonanza reported.

Los Angeles child custody cases can be among the most contentious issues an experienced L.A. divorce lawyer can handle. Parental kidnappings are the worst nightmare. Abuse or violence against a former spouse is also a danger in some situations. We recommend that a parent contemplating divorce consult an attorney weeks, or even months, before speaking with a spouse. This can be particularly advantageous when dealing with a violent or unstable party or when one spouse has access to virtually all of a family's income and/or assets and financial records.

The sad truth is that some people never fully recover from a poorly planned divorce. And, while emotions run high, it is usually best to speak with an attorney in private, to make a plan, and to take the necessary steps to protect yourself and/or your children before notifying a partner of your intent to separate.

In this case, the 57-year-old woman was arrested on Tuesday near Reno, where she apparently fled with her 6-year-old daughter in the midst of a New Jersey child custody case in 1984.

Her husband had full-custody of the child and the mother allegedly fled with the child during a custody hearing. She had been a fugitive form justice since her failure to appear for arraignment on a charge of interference with custody.

She was caught when her daughter, now 32-years-old, attempted to change her name to obtain a marriage license at a Washoe County, Nevada clerk of court's office.

Her father, who still lives on the East Coast but had not seen his daughter in almost 30 years, has been contacted. Authorities say they do not believe the daughter had any recollection or knowledge of having been abducted.

Continue reading "Child kidnapping case every parent's nightmare scenario; Proper planning critical in many Los Angeles child custody and divorce cases" »

Failure to pay child support in Los Angeles can cause a host of problems, including arrest and jail time. But a recent report in the North County Times highlighted a unique issue involving the state's inability to collect support from tribe members.

The case involves a $4,000 judgment issued in a Riverside County court on behalf of the ex-wife of a member of the wealthy Viejas tribe. The father of her children was also ordered to serve 20 days in jail for failure to comply with court orders ordering him to pay child support and fulfill other obligations. But the state lacks the authority to garnishee money tribal members receive from casino revenue because of tribes' status as sovereign nations. Meanwhile, the 38-year-old mother of five continues to struggle.

In such cases, it becomes even more important for an experienced Los Angeles divorce lawyer to fight for a fair settlement in the divorce. Proper divorce planning is essential. As is ensuring your rights are protected in the initial divorce settlement. As this case illustrates, it can be difficult or impossible to be adequately compensated after the fact.

When she divorced in 2007, she reportedly lost a lavish lifestyle that included a large house, cars, and family vacations. She now lives with her mother and three youngest children and is receiving welfare and food stamps. She is representing herself in court because she has no money for legal fees.

The Viejas Band of Mission Indians owns a large casino and entertainment and shopping complex in Alpine. The 400-member tribe is among the state's wealthiest. Each member is eligible for per-capita payments of about $240,000 a year.

Continue reading "Tribal child-custody issues highlight need to fight for failr divorce settlement in Los Angeles" »

Actor Jeremy London and his wife have reportedly lost custody of their 3-year-old son as both are undergoing regular drug testing amid a struggle with addiction to pain killers, KTLA reported.

Couples who are struggling to maintain their parental rights need to consult a Los Angeles Family Law attorney as early as possible in a case where child welfare authorities or others are threatening to seek child custody. It is often easier to maintain parental rights than to regain them. And, in cases where addiction, financial difficulty or other issues necessitate temporarily surrendering custody, hiring an attorney can protect your parental rights.

In this case, Radar Online, a celebrity website, reports that London's wife Melissa became addicted to pain killers after surgery. She allegedly crashed her car a few weeks ago with her son inside. Meanwhile, London reported a bizarre kidnapping claim to police. The TV actor, who appeared on "7th Heaven" and "Party of Five," told Palm Springs police that he was abducted while changing a flat tire on June 10. After about 12 hours of captivity, in which the actor reported the gunman forced him to drive around the city, purchase alcohol, and consume illegal drugs, he was able to escape and notify police. Police later found his car and arrested a 26-year-old Palm Springs man. He has pleaded not guilty to charges of kidnapping, robbery, possession of stolen property, vehicle theft and car jacking.

CNN reports that Melissa is London's ex-wife and that the two had been in a custody battle over the child before apparently reconciling.

Whether you are in the midst of a divorce in Los Angeles or you are seeking to retain or regain custody from child-welfare authorities, protecting parental rights is among the most important obligations a family lawyer can undertake. Visitation, child custody and child support matters are much easier to address during the initial divorce proceedings than they are to attempt to modify or address after the fact.

Continue reading "Los Angeles child custody matters best left to an experienced Family Law attorney" »

As Father's Day approaches, the USA Today has published an uplifting report on the relationships between fathers and their children after divorce.

The outcome of a California divorce and child custody agreement can have a lifelong impact on your relationship with your children. Seeking the advice of a qualified Los Angeles child custody attorney is critical to protecting your parental rights.

Half of all children in the United States will not live with their father for at least part of their childhood. Historically, divorce accounted for the majority of non-resident fathers. Today, more and more fathers were never married to the mother of their children. In either case, establishing parental rights is critical to building healthy, long-term relationships with your children. And non-resident fathers continue to enjoy more contact with their children. In 1976, just 18 percent saw their kids weekly. By 2002, that number had grown to 31 percent. Meanwhile, the number of dads who had not contact declined, from 37 percent to 29 percent.

While the presence of a father in the household frequently has a positive impact on the well-being of children, research that appeared last month in the Journal of Family Issues found that the quality of the relationship may be even more important. Children who reported close relationships with non-resident fathers reported higher self-esteem, lower delinquency and fewer symptoms of depression than those who live with fathers in situations where no close relationship exists.

"The point isn't what fathers do; it's whether the kid thinks or believes the father cares about them," says Philip Cowan, professor emeritus of psychology at the University of California-Berkeley.

While barriers still exist, the number of parents claiming equal footing through visiting rights, joint custody and parenting plans is also on the rise. And technology, including text messaging and e-mails, has made sharing time with children easier.

As with other studies, this report clearly suggests that two loving parents who are separated can provide a better foundation for a child than unhappy parents who insist on keeping a marriage together for the sake of the children. The caveat, as always, is ensuring that you seek the legal help necessary to protect your parenting rights and your relationship with your children.

Continue reading "Los Angeles divorce doesn't mean the end of good relationships between fathers and children" »