Los Angeles Family Lawyer Blog

Litigation is simply not good for the majority of divorcing couples, and it is cost prohibitive for most. Divorce lawyers should strive to work together until negotiations either result in an agreement or break down and require litigation. Those divorce lawyers who enter a case with all guns blazing are the ones who make the process worse for the family, spend all the money, and alienate everyone--including the general public. Pure collaboration that prohibits any form of litigation is probably not as effective as having the ability to enforce discovery or good behavior through litigation, and it becomes very expensive if lawyers have to be changed out in order to go into litigation. The family doesn't necessarily "end" at divorce; it is important to do what is fair and to maintain some relationships for the sake of the children--"winning" and "losing" are terms that don't always apply to divorce law.
I always try to keep litigation costs down as much as possible and negotiate with the opposing party and attorney.

-RoseAnn Frazee

Who gets the engagement/wedding rings can be a major issue in a divorce also know as marriage dissolution in California. 'The answer: It depends. Each case must be reviewed in detail as to when and how the ring(s) were given, the cost of the rings and the normal station in life of the parties.
For instance, in one case brought before the California Court of Appeal, the appeal court overturned the ruling of the trial court -- see In re the Marriage of Buff and James Mark Steinberger. During the marriage, Mr. Steinburger purchased a diamond ring. The trial court found that the diamond ring to be the separate property of the wife by way of gift from the husband to the wife. However, rather than looking at the ring as a gift, the Court of Appeal looked at the "value placed on the item by the parties" as to whether of a "substantial" value or "insubstantial gift" taking into account the circumstances of the marriage. The Court of Appeal found the ring of substantial value and thus community property in which both parties shared 1/2 interest at the time of divorce.
For interpretation of the California statutes and the fine line interpretations, you must consult with a family law attorney such as Frazee/Laron in Pasadena, California.
--RoseAnn Frazee

The quick answer: It depends on the case. In Los Angeles Superior Court, 90121 Family law cases were filed from January-December 2008 according to the Monthly Filings and Dispositions Report prepared by the Los Angeles Superior Court Statistics Section. There are not enough family law attorneys to handle all of those cases. In addition, each case is different: (1) some parties have been married a few years when others have been married for years and years; (2) some parties have children whereas other parties never had children; (3) both parties worked in some cases but the other spouse did not work and took care of the children instead; (4) some parties have obtained assets during the marriage; others do not have very many assets; and the list goes on. Adult citizens have each their own set of problems, cultures and characteristics.

As a result, the Los Angeles Superior Court and published books provide limited self-help services for those who cannot afford an attorney or who are educated enough to understand the forms and process, can read and speak English well and can represent themselves and do not have spousal or children support or asset issues. Even then, such self-help can be fraught with danger, and the parties should be cautious.

However, many issues arise where an attorney is essential. Attorneys have many skills not available to the lay person. All family law attorneys are skilled in evidence presentation. It is important that evidence may be considered by the judge; otherwise, the evidence never gets before a judge. Family law attorneys have (1) experience with many different cases not just your one case, (2) sometimes experience before a certain judge, (3) many volumes of case law, treatises and practice guides, (4) usually have an objective view of your case rather than the emotional cloud of a party, and many more skills that a lay person cannot compete with such skills.

In addition, lay persons can be confronted with unanticipated problems and complications that a skilled attorney will see before such an event happens and can recommend remedial measures before the occurrence. Unfortunately, we have seen too many clients get harmed by unanticipated complications in which the harm has already happened, and it is oftentimes impossible or impractical for an attorney to rescue the party after the fact. Most, if not all, complicated divorces should be handled by attorneys to minimize damages to a party in this life-altering process of divorce. Give us a call for a free consultation at frazeelaron.com for more information.

RoseAnn Frazee
Pasadena Family Law Attorney

Given the complexity of family law, why do people represent themselves? Oftentimes they have no choice. Court-appointed counsel in family law matters is not a right as in criminal law. Legal services agencies in California are able to serve relatively few people who have family law issues due to funding limitations. Even then, legal service agencies serve low-income people with special requirements such as domestic violence. Sometimes even middle-class parties find it hard to secure an attorney. The average family law attorney in California charges more than $300 per hour and requires a retainer of approximately $5,000. Such families are increasingly finding themselves with no paycheck, a diminished amount of equity in their homes, and reduced savings, leaving them unable to afford high-priced attorney. Even people who start out with attorneys at the beginning of their cases often run out of money and become self-represented before their cases are over.

The Pasadena Law Offices of Frazee/Laron opened to assist the average citizen in family law matters with limited budgets. The law firm charges based upon the specific case needs and attempts to secure a settlement between the parties without expending unnecessary legal fees and costs.

RoseAnn Frazee
Law Offices of Frazee/ Laron

Not all Divorces in Los Angeles have to be long, expensive, drawn out affairs. In fact, if a divorcing couple wants to come to an agreement and several conditions are met, the initial paperwork can be done in less than 30 minutes.

In a 30-Minute divorce both parties must sign what is known as Summary Dissolution of Marriage. The parties must have (1) been married less than five years; (2) no children and wife not pregnant; (3) one party must have lived in California for at least six months and in the county of filing for at least three months; (4) no real property; (5) except automobiles, they owe no more than $6,000; (6) total fair market value of community property assets, not including what is owed on those assets and automobiles of less than $38,000; (7) neither party has separate property in excess of $38,000.

However, do not make the mistake of thinking that just because you filed your initial paperwork, you are already divorced. All parties in California must wait six months and then the final papers can be submitted in order to declare the divorce finalized.

Kirk Laron
Pasadena Divorce Attorney

Getting divorced in California, or anywhere else for that matter, typically brings the inevitable dividing of assets, which can be a never-ending fight. However, it also brings the division of debts. Many couples run into Divorce Court and get approval to divide their debts according to their agreed upon division without realizing that a Creditor must agree or it is not binding as to that particular Creditor.

Everything is fine, of course, as long as the divorced individuals keep making their payments. But, what happens when one person declares Bankruptcy or otherwise defaults on their debt payments? The creditor will look to see who is on the agreement, the ex-husband, ex-wife, or both. If both parties are on the agreement, then the creditor can go after either individual for the full amount owed! The fact that the Divorce Court has authorized the division of debt means absolutely nothing to the creditor unless that creditor has agreed otherwise. The obvious question becomes why the creditor would agree to let one of the parties off the hook, when they have no obligation to do so.

As a result, when a couple has more debts than assets, it can be wiser to file the divorce and bankruptcy at the same time. In this way, the joint debts can be discharged without worrying about whether your Ex is going to keep making their payments or not when you have not control over them. Ideally, this situation is best handled by an Attorney who performs both Family Law and Bankruptcy Law. Remember, Joint Debts survive Divorce until fully paid!

Kirk Laron
Family Law and Bankruptcy Attorney

The California economic downturn has led many to speculate that people cannot afford to get a Divorce nowadays. While there is some evidence to suggest that this may be true, the incidents of Child Support Modification filings appear to be growing. Since Child Support is largely based on two factors: 1) Income and 2) time spent with Parent, the fact that many people in Los Angeles have either lost their jobs or are underemployed has led to a significant decrease in what people can afford to pay. As a result, people are now coming to Court to get much needed relief from Child Support payments that are based on incomes they are no longer earning.

Many times, there has been the feeling by one parent that the other parent is not working ON PURPOSE in order to not pay more Child Support. This led to the concept of Imputed Income, whereby many parents were held to the standard of what they should be making rather than what they were actually making. Nowadays, however, the common excuse of "I can't find a job!" has become far more believable. The trend of lowering Child Support Payments will likely continue in the same direction as the unemployment rate, which is 11.9% in California according to July 2009 statistics.

If you think your Child Support is no longer based on your actual earnings, you should consult a Los Angeles Family Law Attorney. Otherwise, you may soon be consulting a Los Angeles Bankruptcy Attorney instead!

Kirk Laron
Pasadena Attorney