CALIFORNIA FAMILY LAW ATTORNEYS DIVORCE LAWYERS BLOG

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BETTINA YANEZ FAMILY LAWYER — 2010-02-19T15:00:00Z

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Know Your Legal Representative before Divorce

Law Blogger — 2010-02-19T13:10:00Z

Divorce or dissolution of marriage is always painful and disheartening to every one. This not just a legal process for separation but also a vital decision between married persons where bonds of matrimony end for ever. Presumably couples are confident about their decision this regard and are well known about the consequences. Therefore there is noting much to add except completing the formalities legally and peacefully.

In most of the countries authority or a judge has to sanction the legal process. To talk about USA in 2008, 40% of all marriages ended up as divorce. Factors driving such mutual and legal separation can be plentiful. Some direct factors are there like cohabitation of pair prior to wedding, rare presence in Church etc. In fact there are few un-associated factors like frequency of sex, wealth, race and religious responsibility. However divorce and marriage rate both are in declining stage.

For people who are planning to seek divorce or already given petition should consult a good divorce lawyer or family lawyer for all legal prosecutions. But there are typicality and severity in few cases where issues of spousal support, child custody, child support, distribution of property and division of debt becomes apple of discord. These consequences are prolonged with court proceedings along with environmental pressure and family obligations. On a whole these are tough decisions and time killing also stages that you have to cross. If both party agrees to a common terms of lawsuits then the process would be far easier, but it happens rare. Hence it is advisable to get in touch with Legal experts in the city who would guide you on types of divorce, their implications, and application process also. You can understand the degree of issues once check past records from your attorney about his clients and the final outcome. Drawing an analysis and analogy on a case basis can provide you exact pathways. One should remember that laws differ to the waiting period before divorce made to be effective. Divorce just cancels the marital status of the partners. In western countries both monogamy and polygamy is allowed. Hence second marriage is quite possible with flair social acceptance. But to enjoy the new life you should have a good divorce attorney with you to keep yourself hassle free from all legal prosecutions.

Divorce Lawyer Search:

You can consult an exclusive Divorce Attorney Firm in Dallas for necessary advisory services

DIVISION OF PROPERTY / ASSETS & DEBTS

BETTINA YANEZ FAMILY LAWYER — 2009-02-24T22:35:00Z

Debt is part of the American life style. We buy homes and carry a mortgage, we buy autos and carry a lease or a loan and we each have various credit card debts for incidentals, emergencies and/or a trip or family splurge. Often in a divorce matter the parties can easily divide the assets, be it the family residence, cars, jewelry, a vacation home etc. Parties in a divorce action often forget about dividing the community debt that has accumulated through out the marriage. In a divorce situation the parties will no longer have two incomes with which to pay all the bills. In this economy it may be difficult to pay for daily household expenses with just one income. If neither party will be able to pay for the debt it may be wise to consult with a bankruptcy attorney.

California is a community property state and the California Family code calls for an equal distribution of the parties’ assets and debts. The parties can enter into an agreement as to who will be responsible to pay what debt. In the event that the spouse who is awarded the debt obligation does not pay you can pay the debt yourself to save your credit and/or proceed to court to enforce the original order stating that your spouse has not complied with the courts order. This of course does not save your credit or prevent creditors from contacting you demanding payment.

If you have assets like a home it may be wise to sell the home and each pay the debt from the proceeds of the assets so that each of the parties can walk away debt free.

For further assistance on your particular matter feel free to contact the law firm of Yanez & Montes, LLP 714-665-6600.

Adoptions in California

BETTINA YANEZ FAMILY LAWYER — 2009-01-30T20:11:00Z

Adoptions In California are approved by the Superior Court located in the County where the parties reside. The adopting parents can begin the process by filing a Petition with the Superior Court. Notice of the action needs to be given to all interested parties such as biological parents, legal guardians (if any), adoption agency if one is involved, the child to be adopted if 12 years of age or older.

The process can be lengthy if the child needs to be freed for adoption. If a parent has not signed a consent form then it is possible that a petition to terminate parental rights needs to be filed in order that the child can be freed to be adopted.

Once all of these steps have been taken the adopting parents will attend a hearing. If the child is twelve (12) years of age or older the child needs to attend the hearing as well.

Pertinent Family Code Sections:

In California:

Family Code § 8600—to be to be adopted a person must be unmarried and under 18 years of age in; unless, the person is an adult who has consented to be legally adopted by another adult.

Family Code §§ 8600; 8601—an adult generally must be at least 10 years older than the child that he or she wishes to adopt.

Family Code §§ 8801.5; 8704— provides that only an underage child's biological parent or parents, a licensed adoption agency, and the California Department of Social Services are allowed to legally authorize an adoption.

YANEZ & MONTES, LLP can assist you in preparing all necessary documents and will guide you through the process.

WHO CAN BE A LEGAL GUARDIAN?

BETTINA YANEZ FAMILY LAWYER — 2008-11-11T17:28:00Z

Relatives

Family friends

Any other trusted Adult

A Guardianship is a legal action in which a party files a Petition for Guardianship with the Probate court in the County of residence where the person/minor is found.

This Petition comes before the court and the Judge can approve the Petition so that
An Adult (other than the Parent) is given the authority to physically care or handle the property/assets of a minor, once the proper notice to relatives has been given. The court may not approve your Petition if you have been convicted of a felony, you can’t manage money or you are charged with abusing or neglecting a minor.

A Guardian shall serve in the capacity of a Guardian until released by the Court. This can occur when the minor reaches the age of 18 or earlier if the Guardianship is terminated by the Court.

In California, the means by which you can obtain a Guardianship is through the appointment of a person by a Judge. Informally signing an agreement/or naming someone in your will giving a third party guardianship does not automatically make that person your child’s guardian.

There are two types of Guardianships or powers your Petition can request.

Guardianship of the Person (Custody)

Guardianship of the Estate (Property)

A Guardianship of the Person gives an adult the authority to take custody/care of the child such as enrolling is school or obtaining medical care.

A Guardianship of the Estate maybe necessary in order for an Adult/third party to manage a minor’s money/property/other assets that are in the sum of over $5,000.00, obtained through inheritance, insurance proceeds or if the minor will receive benefits from an agency that requires a guardianship of the Estate before dispensing any benefits due the child.

A court will consider the proposed Guardian carefully before appointing that person. An investigation of the proposed Guardian will take place and a report will be provided to the court. Judges have discretion when deciding who to appoint as a Guardian and are given guidelines provided by the Family Code such as sections 3040 and 3041.

The Order of Preference for appointing a Guardian of the Person is:

To Parents, if available.
Person with whom the minor has been living in a wholesome, steady and secure environment.
Other adult who can provide care and guidance to the minor pursuant to California Probate Code Section 1514.

Once you are appointed you must keep accurate records of any and all money and property you have managed for the minor and you will need to provide an accounting to the court. You can be removed as a Guardian if you fail to file your accounting as required. The required format is found in the probate code.

EXECUTIVE DIVORCE ISSUES

BETTINA YANEZ FAMILY LAWYER — 2008-10-22T23:57:00Z

High earners, for example CEO’s, partners and their spouses, face unique challenges in a divorce. Often, income and other compensation/assets are acquired in the form of non-liquid partnership interests, vested and non-vested stock options, intellectual property, etc.,

You can be confident that YANEZ & MONTES, LLP will assist you in obtaining a fair and equitable distribution. We will explore your options and guide you in obtaining your desired outcome. We can assist in choosing a forensic accountant that will evaluate the value of a business and/or the monthly income of a spouse. We will obtain tax returns and assist you in complying with the required financial disclosures.

Our experienced attorneys are ready to assist you in obtaining a respectful divorce while keeping your children’s best interest in mind.

CALIFORNIA FAMILY LAW DOMESTIC VIOLENCE: WE CAN HELP?

AMY MONTES FAMILY ATTORNEY — 2008-10-13T23:20:00Z

DOMESTIC VIOLENCE: WE CAN HELP?

Are you a victim of domestic violence? If so, WE CAN HELP YOU obtain a restraining order in family court against the perpetrator. We can SHIELD you from the physical and emotional abuse you or your children have sustained.

OR

If you have you been falsely accused of domestic violence or spousal abuse, WE CAN HELP YOU. We will defend you from your spouses or cohabitant significant other who is falsely accusing you in order to keep you away from your home or your children. Often these allegations are brought by a self represented party.

USING DOMESTIC VIOLENCE AS A SHIELD OR SWORD???

As family law attorneys we constantly see the horrific emotional and physical affects of domestic violence toward spouses and children. Domestic violence is a tragic type of violence that is a serious offense that should be immediately reported to law enforcement and the courts! It is important to document with the police, friends, and family members. We daily help women and men deal with this family taboo and help free their families from the emotional and physical scarring these acts of abuse cause.

Similarly, because we know of the devastating affects of this type of violence and the serious ramifications that a restraining order has, we carefully select our cases and ensure that women and men are not using these allegations as swords to keep moms and dads from their homes and from their children. We are committed to also helping those who has been falsely accused of domestic violence. It is an injustice for false serious allegations to be used as leverage in custody battles and divorces.

DOMESTIC VIOLENCE PREVENTION ACT (DVPA): WHO IS PROTECTED?

The law is on your side! California Family Code § 6200 et seq. incorporates this act. The intent of domestic violence laws are to prevent the acts of domestic violence from reoccurring.
California Family Code §6211 specifically states those who can be protected by a Family Law Restraining Order. Those people are as follows:

- Spouse: A spouse or former spouse.

- Cohabatant: or a person who regularly lives with you in your home, or who regularly lived with you in your home.

- Dating Or Engagement Relationship: A person with whom you have a "dating” relationship with, or have been
“hooked” up with in some way. A "dating relationship" is defined by the Family Code as having "frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations."

- Coparent: A person with whom you have had a child with.

- Child: if you are a child of the person who is committing domestic violence.

- Blood Relatives: if you are related to the person by consanguinity or affinity within the second degree. In other words, father-in-laws and brother-in-laws are included.

HOW TO PROVE DOMESTIC VIOLENCE? “HE SAID, SHE SAID” vs. “PROOF”

California Family Code § 6300 specifically states that a person must show "reasonable proof of a past act or acts of abuse" in order to obtain a protective order, or a restraining order against one of the persons above.
The Family Code defines "Abuse" as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person in "reasonable apprehension" of imminent serious bodily injury to that person or another, or engaging in any behavior that has been or could be enjoined pursuant to Ca Fam § 6320.
In other words, a person does not have to physically touch you to have abused you. For example a person who shatters a mirror with their fist and says, “I’m gonna kill you next,” may be committing domestic violence. In this example, you should immediately call the police and flee to a safe place. You should take pictures of the shattered mirror, and ask the officer to find the person who shattered the mirror, to see if the police can find any physical wounds or blood that links them to the breaking of the mirror. Immediately after the incident the victim should obtain a restraining order against this person to prevent this person from any further retaliations.

MAKE SURE TO OBTAIN A RESTRAINING ORDER AND OTHER ORDERS TO BE PROTECTED:

When a person is seeking a restraining order, they can ask the Court for the following additional temporary orders:

-    Temporary Custody: where the custody of a minor child is in issue, a parent may ask for sole physical and legal custody until the other parent seeks help by engaging in parenting classes, a 52 week batterers program, anger management, drug testing, or any other program the court seeks to be just and proper.

-    Temporary Child Visitation: a parent may ask for no visitation, or supervised visitation, depending on the severity of the violence that was committed by the other parent.

-    Child Abduction Prevention Orders: if there is a risk that one parent may abduct a minor child and flee to another county, state or country, then you should alert the court to this.

-    Dwelling Exclusion: You may want to ask the court to order the person out of the family home. In domestic violence cases, you may be asked to leave the home temporarily, even if you hold title until a full hearing takes place. You must show the court that you have some right to remain in the premises.

-    Firearms Restraining Order: Typically if a restraining order is granted, then the person who is the alleged aggressor must turn in to the local law enforcement any and all firearms they have in their custody and possession. The alleged aggressor may NOT own, possess, purchase, or have under their care any type of firearm.

-    Wiretap Order: Also, you may want to ask the court to allow you to record any communication that the aggressor attempts to make with you or has with you in violation of the temporary orders. If you do not have this provision written in an order than you may be in violation of Federal wiretapping laws

HOW DO YOU OBTAIN PROTECTION/ A RESTRAINING ORDER

In California, you typically request an emergency order, or an ex parte hearing. To obtain an ex parte hearing, you fill out all the appropriate paperwork in your county and make sure that you specifically in detail explain the most recent incident of abuse and any other specific incidents of abuse that you have sustained. If the abuse has been in the presence of your children or someone else, make sure you include their statements. Also include any Emergency Protective Orders or Criminal Protective Orders, along with police reports that have been issued to you for this incident or other incidents of violence. The goal is to get the Judicial Officer’s attention on the face of the documents.

Usually, you will find out within an hour or two if the Judge has given you a temporary restraining order. If you have been given one, make sure you take to your local enforcement agency so that they can serve it on the person who has committed the act of abuse. Also, make sure you carry one on you at all times, and have distributed one to the child’s school, place of employment, or any other place you frequent.
A temporary restraining order is usually only given to you for a period no longer than twenty-one (21) days. During this time, the court sets a hearing, and at that hearing the person who was alleged to have committed domestic violence is given notice and must appear to defend himself / herself. This hearing is then a mini-trial where each person presents their evidence, testimony, arguments, and reasoning for obtaining a restraining order or defending oneself from getting a permanent restraining order issued against them.

AS FAMILY LAW ATTORNEYS, WE CAN HELP YOU! FOR MANY, THIS IS A TEDIOUS PROCESS; HOWEVER WITH THE CORRECT GUIDANCE WE CAN HELP GUIDE YOU THROUGH THIS DEVASTATING CHAPTER!

CALIFORNIA SUPREME COURT STRIKES DOWN "SAMES-SEX MARRIAGE"

Magdalena Kozinska — 2008-10-06T18:25:00Z

On May 15, 2008, the California Supreme Court struck down the state's ban on same-sex marriage saying sexual orientation, like race or gender, "does not constitute a legitimate basis upon which to deny or withhold legal rights."

In a 4-3 ruling, which took effect on June 16, 2008, Chief Justice Ronald George wrote for the majority stating that "the California Constitution properly must be interpreted to guarantee the basic civil right [to form a basic family relationship] to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."

Shannon Minter, attorney for one of the plaintiffs in the case, the National Center for Lesbian Rights, called the ruling "a moment of pure happiness and joy for so many families in California."

"California sets the tone, and this will have a huge effect across the nation to bringing wider acceptance for gay and lesbian couples," he said.

Groups opposing same-sex marriage also reacted strongly to the ruling.

"The California Supreme Court has engaged in the worst kind of judicial activism today, abandoning its role as an objective interpreter of the law and instead legislating from the bench," said Matt Barber, policy director for cultural issues for the group Concerned Women for America, in a written statement.

In a dissenting opinion, Associate Justice Marvin Baxter wrote that although he agrees with some of the majority's conclusions, the court was overstepping its bounds in striking down the ban. Instead, he wrote, the issue should be left to the voters.

The issue, in fact, is left to the voters with Proposition 8, a proposed constitutional amendment titled Eliminates Right of Same-Sex Couples to Marry Act, whose proponents intend to override the Court's decision. If passed, the proposition would change the California Constitution to eliminate the right of same-sex couples to marry in California.

A new section would be added stating "only marriage between a man and a woman is valid or recognized in California. The measure will appear on the 2008 California general election ballot this November.

CALIFORNIA CHILD SUPPORT, CHILD CUSTODY, MODIFICATIONS & THE DEPARTMENT OF CHILD SUPPORT SERVICES

BETTINA YANEZ FAMILY LAWYER — 2008-10-02T13:49:00Z

The payment of child support is a serious matter that can have very serious ramification for non-payment. For example, the local department of child support services could seek to enforce the current monthly child support order by taking any of the following steps:

1. Suspend any and all state issued licenses such as

Driver’s license

Professional licenses

                  If this occurs you can either retain a family law attorney to negotiate with the

                  Department of Child Support Services or file a motion to request Judicial

                  Release of any and all state licenses that have been or will be suspended.

                  The Department of Motor Vehicles can charge a fee to reinstate your license.

                  The fee can be around $15.00 in California. The California Department of Real
                  Estate Charges around $85.00 dollars to reinstate a license. It can take up to

                  7 to 10 days to obtain the release of any state issued licenses.

                  If by court order it can take up to three (3) days. If your license is suspended

                  By the Department of motor vehicles a temporary license can be issued for a

                  Period of 150 days which will then terminate at the end of the 150 days unless

                  Released.

   2. Bank Levy/ FTB Collection program

            The State Department of Child Support Services can levy your accounts

            And have the Franchise Tax Board intercept income tax refunds IF you are

            past due in the payment of your child support by $100.00 dollars or more.

            The Franchise Tax Board runs an asset search and issues a levy if

            there are any assets available for levy. The first $3500.00 can be

            Exempt or you can hire a family law attorney to file a motion to request

            Additional exemptions due to a factual hardship.

   3. Denial of Passport

            The Department of State can refuse to issue a passport to any person who

            Owes $2500.00 or more in child Support payments. A notice will be sent

            To by the State Department.

   4. Child Support Services can report you to the Credit Reporting Agencies

Your payment or non payment can be reported on a monthly basis to

All credit reporting agencies such as TransUnion, Experian, Equifax and

Inovis.

VIOLATING A COURT ORDER FOR CHILD SUPPORT... EQUALS... NO DRIVER’S LICENSE AND/OR PROFESSIONAL LICENSE

AMY MONTES FAMILY ATTORNEY — 2008-09-30T01:28:00Z

Don’t be a Dead Beat Parent:

Do not let this happen to you. If you fall into one of any of the following categories, we can help you:

If you are falling behind in child support because your pay/ wages have changed since your last order, then we can help you obtain a guideline child support order that reflects your current pay so that you do not lose your license!

If you are paying too much for child support because you now have primary custody of your children, or have been spending more time with your children then you were when the child support was issued, then we can help you obtain a guideline support that reflects the current child custody/visitation agreement that you are exercising so that you do not lose your license!

If you have been awarded child support, but have not been able to enforce, we can help you enforce it, and make sure that the parent is paying their share of child support!

The truth is that pursuant to California Family Code 17520, a local child support agency has the power of suspending a persons driving and/or professional licenses, such as attorney’s license and real estate license. They also may levy your bank account and/or the Franchise Tax Board may intervene a tax refund.

If you are NOT paying your child support, you may lose your driving privileges and working privileges. As we all know, it is difficult to impossible to maintain a job without a driver’s license. Or worse, it is difficult to impossible to maintain a job, if you lose your professional license in the field you are trained in.

The local agency has the power to send you a service of notice of suspension once you are 30 days late in your child support payment, which states that it will suspend your license indefinitely unless you pay your child support or make payment arrangements.

If you obtain this Notice, Do NOT IGNORE IT! If you fail to obtain a release from the local child support agency, the Department of Motor Vehicles and/or other licensing board will suspend your license(s) after 150 days of being delinquent.

You may challenge this suspension by first requesting an internal review in writing. If the local agency still refuses to lift the suspension, you may make a motion to the Court for a Conditional Release. We can help you bring forth this motion!

Do NOT lose your driver’s license and/or professional licenses. Contact an attorney before it is too late!