Recent Blog Posts

Getting Through the Hard Part of Divorce

Claery & Green — Wed, 10 Mar 2010 22:35:00 GMT

Very few things in life are as difficult as going through a divorce. In fact, it is believed the only thing more emotionally stressful and taxing than filing for divorce is the death of a spouse or child.

Many people find themselves struggling with depression, anxiety, or general distress following a divorce. But just because a marriage has ended doesn’t mean your life has ended as well. If you have recently gone through a divorce and are a having a hard time, consider the advice given by Therese Borchard, an author and psychology expert. Borchard suggests the following steps will raise your spirits and help you get through the days, weeks, and months following a divorce:

Center your mind on something you love doing. Too often people dwell on the divorce, which only makes it that much more difficult to get over. Preoccupy your mind by doing something you enjoy so you don’t spend your free time analyzing every aspect of the divorce—you will drive yourself crazy if you do!
Change up your routine. This can be as simple as picking up a new hobby, starting a new exercising routine, or instituting a bi-monthly dinner date with your friends. Doing something new is a good way to remind yourself that life isn’t over just because your marriage didn’t last.
Plan away! Roberta Temmes, a psychotherapist, says that planning is highly therapeutic during tough times. The planning process forces people to divert their attention away from what is making them sad or depressed (in this case a divorce), and focus that attention on the planning at hand. Planning also gives people control over the situation, which is particularly empowering for people who may feel defeated following a divorce. Temmes says planning anything is helpful, whether it be an elaborate dinner party or planning a trip to the car wash.
Clean and organize your home. Go through each room of your house and get rid of anything that belongs to your ex or that reminds you of your ex. Cleansing is also very therapeutic, and once you’re done cleaning you will have more room for the new things in your life. Reorganizing your home is a good way to make your home feel fresh and new again. People who are starting over often find this helps them move on faster.
Take the high road. Anytime you take the high road you will feel better about yourself. Although there might be some immediate satisfaction in seeking revenge on your spouse, it won’t do you any good in the long run. Save your energy for things that make you happy.

If you have decided to file for divorce, please don’t hesitate to contact a Los Angeles divorce lawyer at Claery & Green. We can protect your rights and make sure you are provided with the support you need to get through this difficult time.

Call (310) 362-2273 to arrange a consultation with an attorney at the office today!

Baseball Slugger's Wife Files for Divorce

Katie Neimand — Mon, 08 Mar 2010 21:32:00 GMT

Another celebrity has found themselves in divorce court. This time it’s MLB all-star Barry Bonds.

USA Today has reported that Bonds’ wife, Liz Walton, has filed for divorce from the home-run king after nearly 12 years of marriage, citing irreconcilable differences. Supposedly they have already reached a financial settlement agreement.

Watson is seeking joint custody of their 11-year-old daughter.

Thinking of Filing for Divorce?

Filing for divorce is one of the most difficult decisions you may ever have to make, but if you have ultimately decided that your marriage is no longer working, an experienced Los Angeles Divorce attorney at Claery & Green can represent you throughout the divorce process. Fortunately, it is quite easy to file for divorce in California. As long as you and your spouse have lived in California for at least six months and have lived in the county in which you are filing for divorce for at least three months, then you should be granted a divorce. California is a no fault state, which means you do not need to prove that either you or your spouse is responsible for the dissolution of the marriage. You can simply cite irreconcilable differences.

For more information about the divorce laws and process in California, please contact Claery & Green at (310) 362-2273 today!

Proposed Bill Would Protect Military Members in Custody Cases

Claery & Green — Fri, 05 Mar 2010 21:10:00 GMT

A new bill has been introduced that would protect deployed military service men and women in regards to child custody and visitation arrangements.

HR 4469 would prevent family courts from permanently changing or amending a child custody order while a service member is deployed overseas. If custody was temporarily changed while the parent was overseas, the court must reverse the change once the service member returns home from their deployment.

The sponsor of the bill, Rep. Michael Turner from Ohio, says the main objective of the legislation is to prevent the courts from using the deployment or the possibility of deployment against a service member when determining the best interest of a child in a custody case.

Turner’s bill has been met with support from both the Veterans of Foreign War (VFW) and the Iraq and Afghanistan Veterans of America (IAVA). Justin Brown of VFW expressed his belief that a person’s decision to serve their country should not reflect negatively on them during any judicial proceeding, and that although deployments are difficult on families, service members should not be punished for their deployments. He said “in most instances, the decision to deploy is not the service member's, it’s our government’s. We should not allow our government to then punish service members in juridical custody disputes.” And Tim Embree of IAVA says it is cruel and damaging to deployed service members to make them worry about child custody issues while they are fighting overseas.

Experienced Military Divorce Lawyers

At Claery & Green, we are committed to helping military men and women throughout San Diego and Los Angeles with their divorce and family law issues. If you are an active or reserve member of the military, or if you are already retired from the military, we would be happy to offer our services to you and help you resolve your issues in a way that suits your needs and best interest. In regards to child custody in particular, we know this can be a hotly contested issue. You can trust a skilled San Diego military divorce lawyer at our office to advocate your parental rights and help you secure a child custody or visitation arrangement that meets your satisfaction. We know this can be a difficult experience, but we are here to help get you through it.

To learn more about the military divorce services offered at Claery & Green, please contact the office by calling (619) 299-2008 or (760) 526-0440!

Court Papers Show Just How Much is at Stake in McCourt Divorce

Claery & Green — Wed, 03 Mar 2010 22:25:00 GMT

The divorce case of Los Angeles Dodgers owner Frank McCourt from his wife Jamie sheds light on how complicated high-net divorce cases can be, as well how much is at stake.

Jamie is asking the court to order Frank to pay almost a million dollars--$988,845 to be exact— in temporary spousal support. She says that amount is what she needs in order to maintain the same lifestyle she had while married.

Other interesting points of the divorce, made public after the judge unsealed 1400 pages of documents, include just how much the McCourts earned and spent while they were married. The court papers indicate that during the last five years of their marriage, both Jamie and Frank took home $2.31 million per month in salaries and perks, tax free. Frank’s financial adviser also said Frank would use the business to fund whatever he and Jamie needed or wanted. Jamie claims that Frank’s net worth is almost $900 million at $834,900,000 and McCourt Enterprises is worth more than $2 billion.

How the couple plans to divide their assets will certainly be a hotly contested issue.

If you are planning to file for divorce, and you have a large amount of assets or property at stake, it is important to take the appropriate measures to ensure those assets and property remained protected. The more assets, money, and property at stake, the more complex and challenging the case can be. You need an attorney who has experience handling all types of divorce cases, including those involving high net worth assets.

At Claery & Green, we have represented clients from all walks of life, and have the experience and legal knowledge to competently guide any client through the divorce process. Should you and your spouse have a prenuptial agreement or postnuptial agreement in place, as is often the case with these types of divorces, you can trust an attorney at our office to enforce or challenge the terms of the agreement, depending on what the situation calls for.

Contact Claery & Green today to speak with an experienced Los Angeles divorce attorney about what can be done to protect your assets from property division laws!

Protect Your Assets with a QTIP

Claery & Green — Mon, 01 Mar 2010 21:20:00 GMT

QTIPs, short for Qualified Terminable Interest Property Trusts, are a way for people to further protect their assets and property in the event of divorce, separation, or death.

These types of marital trusts are created after a prenuptial agreement has already been created. A prenuptial agreement is a very effective way of protecting one’s assets and property rights in the event the marriage ends in divorce. QTIPs, however, take the level of protection one step further. These trusts give the person creating the trust control over who they want in charge of overseeing the distribution of assets and property to beneficiaries after their death. Most states automatically award this control to the deceased’s spouse. For those people who do not want their spouse in charge of distributing their assets, establishing a QTIP is a good idea. A QTIP can ensure a spouse receives money or inheritances, but does not give them any say in how the deceased’s money, assets, and property are divided.

If you are interested in learning more about drafting a qualified terminable interest property trust, or any other trust for that matter, it’s important to work with an experienced estate planning attorney who has ample practice drafting these types of trusts. An attorney at Claery & Green can make sure all of your wants, needs, and concerns are taken into consideration, and then create a trust that is customized to your liking. Once the trust has been created, you will have peace of mind knowing that your assets are protected and your beneficiaries will be taken care of in the future.

For more information about the estate planning services offered at the firm, contact Claery & Green today by calling (877) 756-4111.

Arrest Warrant Issued in Lesbian Custody Dispute

Claery & Green — Fri, 26 Feb 2010 20:50:00 GMT

A Vermont judge has issued an arrest warrant for a woman involved in a same-sex custody battle.

Janet Jenkins asked the court for help after her former partner, Lisa Miller, disappeared with their daughter Isabella. After Jenkins and Miller separated, Miller renounced homosexuality, became an evangelical Christian, and disappeared with their daughter.

Vermont Judge William Cohen found Miller in contempt of court after she failed to appear at a custody hearing.

Miller and Jenkins were joined in a civil union in Vermont in 2000. In 2002, Isabella was born to Miller but was considered both women’s daughter. When the couple separated in 2003, Miller moved to Virginia. Initially, custody was awarded to Miller and Jenkins was given liberal visitation rights. But after Miller denied Jenkins access to the girl, Judge Cohen ordered a switch in custody.

A custody hearing was scheduled for January 1 to address the situation, but Miller and Isabella did not appear.

Involved in Child Custody Dispute?

At Claery & Green, we devote a large portion of our practice to domestic partnership and same-sex rights and issues. If you are involved in a custody dispute with an ex-partner, you can depend on an attorney at the firm to protect your rights and interests and help you advocate your case. We understand how important it is to continue to see and spend with your children, and are committed to doing whatever is necessary to ensure your case ends in a settlement that meets your needs and satisfaction.

If you are in need of a Los Angeles child custody attorney who has experience in same-sex child custody cases, contact Claery & Green today to schedule a consultation!

Flavor Flav Reportedly Thousands of Dollars Behind in Child Support

Okabe & Haushalter — Thu, 25 Feb 2010 22:20:00 GMT

Rapper and reality TV star Flavor Flav is more than $63,000 behind in his child support obligations, according to the New York Post.

Flavor Flav, whose real name is William Jonathan Drayton, Jr., owes $63,458 to Mary Parker, the mother of three of his children.

In July 2008, Parker filed to amend their original child support agreement since it only covered two of their children. This January she won an appeal to increase Flav’s payments from $117 to $837.72 per week. In the appeal the judge also ordered Flav to pay for the children’s tuition.

Flav said he has been paying for the children’s tuition, and that he's been making direct payments to Parker outside of the child support order.

This is not the first time Flav has been accused of failing to pay child support. Recently his daughter claimed he hadn’t been making payments, as did Karen Ross-Fortunate, another woman who has three children with Flav. Flav has seven children in total.

At Claery & Green we handle all types of child support cases, and are here to help you achieve your legal objections. Whether your goal is to obtain child support, find a way to catch up on your child support debt, or seek a modification of your child support arrangement, you can rest assured a knowledgeable and experienced Los Angeles family law attorney at Claery & Green will be there every step of the way. Please take a moment to contact the office at (310) 362-2273 to arrange a consultation with an attorney today.

Thinking of Divorce? Beware of Facebook

Claery & Green — Wed, 24 Feb 2010 21:55:00 GMT

If you are planning to file for divorce you should strongly consider deleting your Facebook account or any other accounts you may have on social networking sites.

Divorce attorneys throughout the country are seeing an increase in evidence gathered from Facebook to be used in a divorce or child custody battle. In fact, according to a survey conducted by the American Academy of Matrimonial Lawyers (AAML), 81% of the attorneys who responded to the survey said they saw an increase in the use of Facebook evidence. And while damaging evidence can be gathered from any social networking site, Facebook is by far the leader, followed by MySpace and then Twitter.

Many people don’t think of Facebook as anything but a place to connect with new people and keep up with old friends. But there are many ways a disgruntled, bitter, or resentful ex can use Facebook to work against you. For example, if you post pictures that show you and your friends drinking one night, your ex can take the pictures and claim you have tendency to drink a lot or act inappropriately, when in actuality you were just having fun with friends. Furthermore, if you exchange flirtatious emails or wall posts with another man or woman, your ex might take those messages and claim you were unfaithful during your marriage.

What should you take away from this? If you are getting divorced protect yourself by deleting your Facebook account. Although you can block people from viewing your profile, there ways your ex may still be able to access your page. And while California is a no fault divorce state, a judge will certainly not look favorably on any indiscretions you have posted on Facebook.

If you have made the decision to separate from your spouse, a San Diego divorce attorney at Claery & Green can ensure your rights are advocated and your best interests are protected throughout the divorce process. To learn more, contact Claery & Green today!

Modifying Child Support After Your Income Changes

Claery & Green — Tue, 23 Feb 2010 20:06:00 GMT

Child support guidelines were created to ensure parents pay an amount that is within in their means while at the same time provides their children with the support they need to continue enjoying the same standard of living they had while their parents were married. The amount a parent pays is not universal, but rather is based on the parents’ levels of income and the number of children in need of support.

After a divorce, circumstances sometimes change and a parent may need to change or modify the child support order in response to those changes. Judges are supposed to grant a modification if the parent can prove he or she experienced a significant change in circumstances, such as an unexpected job loss or medical emergency.

While this is supposed to happen, often it does not, much to the frustration of the parent needing the modification. This situation happened to Anthony Fernandez, a Nevada man who was ordered to pay $80,000 a year in child support while earning $500,000 to $4 million a year in the stock market. After the economy soured and the stock market crashed, Fernandez took a job as a car salesmen, where he brings home roughly $3,000 a month.

Obviously unable to keep up with his child support obligations, Fernandez asked the Nevada Supreme Court to grant him a modification, but the court said his case must be heard by the district court. If the lower does not grant Fernandez a modification and lower his child support obligations, it will be nearly impossible for him to continue making payments. How the court expects a man making $36,000 a year to pay $80,000 in child support is beyond reason.

Do You Need to Modify Your Child Support Order?

As you can imagine, this is an incredibly frustrating situation to be in. If you have recently sought a modification but were denied, a Los Angeles child support lawyer at the Claery & Green can help you appeal your modification or seek another. We understand that sometimes life’s circumstances change, and strongly believe the courts should be willing to amend previous court orders when such circumstances occur. To schedule a consultation with an attorney at our office to discuss your post-judgment modification, please contact Claery & Green today at (310) 362-2273.

Same-Sex Couple Denied Divorce in Texas

Claery & Green — Mon, 22 Feb 2010 19:35:00 GMT

A case out of Texas poses an important question to all same-sex couples who reside in California: What happens when a gay or lesbian couple is married in a state that recognizes same-sex marriage, but then relocates to state that does not recognize same-sex marriage but wants a divorce?

This is the situation that Angelique Naylor and Sabina Daly are dealing with. The women were married in Massachusetts, one of the first states to legalize same-sex marriage. They later relocated to Texas, where their relationship eventually soured. No longer wanting to be married, the couple tried to get a divorce, but because Texas does not recognize same-sex marriages, Naylor and Daly have not been able to get divorced.

Originally, State District Judge Scott Jenkins granted the women a divorce, but Texas Attorney General Greg Abbott quickly intervened. Abbott claims that because the state Constitution bans gay and lesbian marriages, to grant a divorce to a same-sex couple would be to contradict the constitution. For this reason, Abbott says Daly and Naylor cannot get divorced in Texas.

In a statement from Abbott’s spokesperson, Jerry Strickland, “The State maintains that the Court has no legal authority to grant this divorce, and as a result, the State must intervene in the case to defend the Texas Constitution.”

What Does This Mean for California?

At this time same-sex marriages are banned in California, which means couples who relocate from other states that grant same-sex marriages may have difficulty obtaining a divorce. If you have found yourself in this situation, a California domestic partnership attorney at Claery & Green can help. We can help you explore your legal options and take advantage of some alternatives to divorce if an actual divorce is not within your reach. For example, if you and your partner have children or joint property, we can create a contract that clearly states each of your rights, responsibilities, and obligations in regards to the division of jointly held property, child custody, visitation, child support, etc.

Contact Claery & Green today at (877) 756-4111 to see what an attorney at our office can do for you!

Men Are Victims of Domestic Violence Too

Claery & Green — Fri, 19 Feb 2010 19:15:00 GMT

Women and children are not the only victims of domestic violence. Men can also be the target of violence and abuse as well, but unfortunately, many men don’t step for forward to report the crime or seek the help they need.

The Cheshire Police Department in England actually found that the rate of domestic violence committed against men rose 9% between 2008 and 2009, and 36% percent from 2007 to 2009.

Although this statistic is from the UK, it is relevant to Californians because you can be sure there are thousands of men throughout the state who are subjected to violent, abuse, or mistreatment at the hands of their wife, partner, girlfriend, parent, sibling, or some other member of their household.

Are You a Victim of Domestic Violence?

If you are a victim of domestic violence, we urge you to take action and get the help you need. Many men are often too ashamed or embarrassed to ask for help, which only perpetuates the cycle of abuse. At Claery & Green, we want you to know there are resources and options available to you. You no longer have to suffer in silence, afraid to ask for help. A Los Angeles domestic violence attorney at our office would be happy to help you take legal action and get the protection you need. We can help you obtain a restraining order and make sure the person abusing you is no longer able to harm you.

You deserve to live a happy life free of fear and violence. To learn more about how an attorney at our office can help, please contact Claery & Green today at (310) 362-2272 to schedule a consultation to discuss your case.

What are Marvin Actions?

Claery & Green — Thu, 18 Feb 2010 13:30:00 GMT

When registered domestic partners decide to separate or terminate their domestic partnership, they should speak with an attorney about their rights to palimony, also referred to as “ Marvin Actions.” Palimony works very much the same way as spousal support.

As with traditional marriages, sometimes in a domestic partnership one spouse stays home to care for the family. Other times both partners are working, but one spouse clearly is the bread winner. In these types of situations it is particularly important to speak with a California domestic partnership attorney at Claery & Green. You may be entitled to palimony and a lawyer at our office can advocate your legal rights and represent your interests. The courts like to ensure both parties are able to maintain the same standard of living they shared during their relationship, which means if one partner makes significantly less money, the higher-earning partner may be ordered to support the other.

Whether you are the one seeking support or your ex-partner is seeking support from you, an attorney at Cleary & Green can represent you during any legal proceedings and help you secure a palimony settlement that suits your financial interests. Our goal is not to break the bank on anyone, but rather help our clients reach a settlement with their partner that ensures both parties are financially sound going into the future.

Contact Claery & Green today for more information about Marvin Actions.

How to Obtain a Post-Judgment Modification

Claery & Green — Wed, 17 Feb 2010 19:26:00 GMT

It’s natural for a divorced couple’s circumstances to change after their divorce has been finalized. Depending on the change in circumstances, it may be necessary for one or both parties to change or modify a court order. Judges understand that people’s circumstances change, and are usually willing to modify an order as long it does not compromise the best interest of any children and the changes in circumstances are “significant.” For example, seeking a modification of a child support order after quitting your job is not likely to going to happen. However, if you show that you've been laid off and have been diligently looking for a new job but just haven't had any luck, the judge is more likely to lower your child support obligations.

At Claery & Green, we have experience representing clients throughout Southern California in all areas of family law, including post-judgment modifications. Whether you want to modify a child support order, a child custody order, an alimony order, or some type of marital contract or settlement agreement, an experienced Los Angeles divorce attorney at our office can assist you in filing the necessary paperwork and argue your case before the judge. Furthermore, we can also help you gather the documents and evidence that prove you have indeed experienced a significant change in circumstances, which might include a sudden job loss, physical injury or disability, family emergency, relocation, etc.

For more information about post-judgment modifications, please contact a Los Angeles family law attorney at Claery & Green today!

Grounds for Divorce in California

Claery & Green — Tue, 16 Feb 2010 19:05:00 GMT

For couples who no longer want to be married, it is relatively easy to get a divorce in California. Some states will not grant a divorce unless the couple establishes that one or both spouses are at fault for the dissolution of the marriage. In California, however, a couple can file for divorce without having to establish fault. Couples in California can file for divorce on grounds of “irreconcilable differences,” which basically means the marriage is irrevocably broken and there is no hope of repairing it—a fancy way of saying the couple just doesn’t want to be married any more.

In rare situations a person can file for divorce on grounds on incurable insanity, but only if they can prove their spouse was incurably insane when they got married, and has remained insane ever since. This must be backed by testimony from a licensed physician or psychiatrist.

There are two residency requirements a couple must meet before they can file for divorce:

They must have lived in California for at least 6 months
They must have resided in the county in which they are filing for divorce for at least 3 months

If you are interested in filing for divorce, an attorney at Claery & Green can represent your case. With offices in Los Angeles and San Diego, we represent clients throughout Southern California, and can ensure your rights and interests are protected and upheld throughout the divorce process.

To arrange a consultation, please call (310) 362-2273 to speak with a Los Angeles divorce lawyer, and (619) 299-2008 or (760) 526-0440 to speak with a San Diego divorce attorney.

Experienced Military Defense Lawyers

Claery & Green — Mon, 15 Feb 2010 18:35:00 GMT

During a courts martial, it’s important for any member of the U.S. military to be represented by an experienced military law attorney. Think about it, you’re going up against the United States, the most powerful country in the world with seemingly unlimited resources. You need someone on your side who can protect your interests and competently handle and address your case. An experienced military defense lawyer at Claery & Green can defend you at your hearing the same way a criminal defense attorney defends a civilian accused of committing a crime. We have experience defending servicemen and women called to court martial for a variety of offenses, including

Failure to obey an order
Dereliction of duty
Desertion
Absent without leave (AWOL)
Driving under the influence
Distribution of a controlled substance
Theft
Sexual Assault
Assault & battery
Possession of child pornography
Murder/manslaughter

As you know, courts martial can end very badly. You may drop in rank, lose pay, go to jail, have to perform additional hours of duty, or even be dishonorably discharged. At Claery & Green, our job is to make sure your hearing ends in the best possible outcome. We can quickly identify what charges you are up against and which defense strategies would be most effective.

For more information about our services, please contact a military defense lawyer at Claery & Green today!