Recent Blog Posts in March 2010

Durable Power of Attorney is an important document to consider when planning one's estate. The purpose of Durable Power of Attorney is to identify the person you'd like making decisions on your behalf should you become incapacitated in the future. Not only will the person you designate in the Durable Power of Attorney have the authority to make legal decisions on your behalf, but he or she will also be able to sign documents in your name as well.

There are two main reasons why it's valuable to have a Durable Power of Attorney included in your estate plan. First, the person you designate in your document will have the power to make all of your medical and health care-related decisions. Without this document in place, the court will appoint a conservator or guardian on your behalf, ultimately taking control away from you. When it comes to something as important as your medical care, do you really want the court making that decision for you?

The other reason it's in your best interest to designate Durable Power of Attorney is to ensure your property is protected. Again, if you fail to appoint someone in a Durable Power of Attorney document, the court will appoint someone for you. Many people like being able to choose the person that will be responsible for managing their money, business assets, debts, investments, or any other financial matters in the event they become ill or incapacitated.

If you are interested in learning more about Durable Power of Attorney, please do not hesitate to contact a California estate planning lawyer at Claery & Green today by calling (877) 756-4111.

Bad boy Jesse James may lose more than just his marriage to actress Sandra Bullock. He may also lose custody of his 6-year-old daughter Sunny.

Sunny's mother, porn star Janine Lindemulder, is trying to regain custody rights to her daughter. Last year a judge awarded full custody to James. But Lindemulder believes the only reason James was awarded custody is because he and Bullock could provide a more stable environment for the 6-year-old. This past year James has been raising Sunny with the help of Bullock while Lindemulder served time in prison for tax evasion. But now that Bullock has left the family home amid allegations that James cheated on her with multiple women, Lindemulder feels she has chance to win back some custody rights.

A hearing has been scheduled for June 14, where Lindemulder will have a chance to plead her case. Until then, Sunny will remain in James' custody.

Sometimes child custody issues turn ugly, and when they do, it's important to have an experienced and dedicated child custody attorney on your side. At Claery & Green, we have represented clients on both sides of a child custody dispute--those wishing to obtain child custody rights and those needing to protect their current custody rights.We also have experience helping clients throughout Los Angeles seek a modification of a current child custody arrangement. If you have a legal matter or issue you'd like addressed by an experienced Los Angeles child custody lawyer, please do not hesitate to contact Claery & Green today to schedule a consultation.

An Ilinois judge has been asked to order a paternity test by a man who thinks he might be the biological father of a child of a woman in jail on cocaine related charges.

Timothy M. Schmitt, a known member of the Latin Kings street gang, has enlisted the help of the Illinois Department of Healthcare and Family Services, which filed the necessary court paperwork on his behalf. Schmitt wants a paternity test to determine if he is the biological father of Ashley C. Arwood’s baby.

Sometimes the only way to get a paternity test is to ask the court to order one. Furthermore, many courts will not accept the results of a DNA test unless the test was ordered by the court and administered by a court-approved laboratory. If you are interested in establishing or disestablishing paternity by taking a DNA test, we advise you to contact an experienced San Diego family law attorney at Cleary & Green. We can make sure your rights are protected and help you take the necessary steps to request a test from the court.

If you need help with a paternity action, please do not hesitate to contact Claery & Green today at (619) 299-2008 or (760) 526-0440

An interesting trend is emerging in family law courts across the country: more and more men are being awarded primary custody of their children.

In the past, women were awarded primary custody without blinking an eye. It was just commonly accepted in society that women stayed home and raised children while the men went to work. But as the social dynamics began to change in America, the courts needed to re-evaluate how they were awarding custody. With more and more women heading into the work force, it leveled the playing field as to which parent deserved primary custody during a divorce. With both parents working full-time jobs, who deserves to be awarded custody?

That was question many judges were faced with. Today, men’s custody rights are treated with as much respect as women’s rights to custody. In fact, some studies are now suggesting that as many as 50% of men who request primary custody receive it.

The reason for the increase? There are fewer stay-at-home moms and more stay-at-home dads. Over half of all American women work at least part-time jobs, compared to just 30% in the 1970s. On the flip side, more and more men are staying home with the children. This trend has been tremendously impacted by the economy. One study estimates that 75% of the Americans who have lost their jobs since the recession began are men. In the wake of their unemployment, these men have settled into their new roles as stay-at-home dads while their wives go to work. During a divorce, these men can truthfully argue that they spend more time with the children than the woman does.

Judges' overall willingness to see that men are just as capable of caring for children as women are should not be discounted. The surge in men receiving primary custody rights can also be credited, in large part, to those judge who recognize and enforce a man’s custody rights.

At Claery & Green, we have helped many men throughout San Diego exercise their rights to child custody. If you are going through a divorce or separation, and are interested in seeking primary custody rights, it’s advised that you let us handle your case. We have a great deal of experience advocating fathers’ rights, and know the best way to approach these types of child custody cases. We are prepared to work hard to help you secure a custody settlement that upholds your rights and protects your relationship with your children.

To consult an experienced Los Angeles divorce attorney at Claery & Green about your child custody case, please call(310) 362-2273. We are on your side!

Actress Kate Winslet and her husband, director Sam Mendes, have decided to end their 7-year marriage and file for divorce.

According the law firm in London that is handling the high-profile divorce, “both parties are fully committed to the future joint parenting of their children” and the decision to file for divorce was “entirely amicable and is by mutual agreement.” Winslet and Mendes have a 6-year-old son, Joe, and also raise Winslet’s 9-year-old daughter Mia from her previous marriage to Jim Threapolton.

Both Winslet and Mendes have illustrious careers. Winslet won the best actress Academy Award last year for her performance in The Reader, and Mendes won the best director award in 1999 for his work directing American Beauty.

The following domestic violence incident involving a television actor sheds light on an important issue: that men can be victims of domestic violence. All too often men are painted as the perpetrated of domestic violence, but the truth is women are just as capable of abusing men as men are of abusing women.

It has been reported that the girlfriend of former CSI star Gary Dourdan has been arrested for an alleged domestic violence incident. Maria Asis del Alamo was taken into custody and charged with one count domestic battery after police responded to a domestic disturbance call and found Dourdan with multiple scratch marks on his body. She was later released on $20,000 bail.

An interesting child custody bill is currently under consideration in Tennessee by state legislators. The proposed bill, which has received nation-wide attention, calls to split child custody evenly in contentious divorce cases.

While fathers’ rights advocates praise the legislation, multiple women’s groups, the Tennessee Bar Association, and some judges have expressed their opposition. Opponents say the bill would make it even more difficult to settle divorces involving parties who already don’t agree on many of the issues at hand. Opponents also believe that the bill does not have children’s best interest in mind. For a variety of reasons it’s not always conducive for children to split their time evenly between their parents. It could interrupt their regular routine and schedules, and should one parent have a hectic work schedule or a history of domestic violence, alcoholism, or drug abuse, it may not be safe or healthy for children to spend time with that parent.

But fathers’ rights advocates argue that for many years children have been deprived of relationships with their fathers due to antiquated child custody laws that favor the mother. This law would ensure fathers are given equal rights and respect regarding child custody.

To learn more about how an attorney at our office can protect your rights and help you secure a favorable child custody arrangement, please contact Claery & Green today at (310) 362-2273.

A lesbian couple from Santa Cruz has agreed to settle their paternity suit regarding their twin sons.

The case centers around Kim T. Smith and Maggie Quale, who were joined in a committment ceremony in 2008 but never registered as domestic partners. In 2009, Quale gave birth to twin boys conceived through artificial insemination. Smith never formally adopted the boys, but she and Quale agreed to raise the children together, and both Quale’s and Smith’s names are on the twins’ birth certificates. In addition, the boys have the hyphenated last name Smith-Quale.

Five months after the twins were born, Smith and Quale ended their relationship. Quale and Smith’s situation became complicated when, not long after they split, Quale became romantically involved with the sperm donor, Shawn Wallace.

Smith originally filed a lawsuit against Quale last September to maintain her parental rights of the twins. The settlement Quale and Smith finally agreed to recognizes both women as the boy’s legal parents. It’s not clear whether Wallace was granted any paternity rights as part of the settlement.

One of the most unsettling things about a divorce is the emotional toll one expects it to take on their life. Despite what you may hear from your friends or what you may see in the movies, divorce does not have to be a messy process. It is very possible for two people who no longer wish to be married to get through a divorce civilly and with minimal conflict. Even people who hate each other can get through a divorce without it wrecking havoc on their lives or wallets if they take into consideration the following advice:

• Don’t head into a divorce with the wrong state of mind. This is not an opportunity for you to seek revenge on your ex.
• Remember your children when you feel like fighting or arguing with your ex. Any type of conflict, arguing or fighting will be emotionally damaging for your children. It's important to remember that this is a difficult process for your children, as well as for you.
• On a similar not to the previous point, remember to love and support your children during this difficult time more than you hate your ex.
• Do not try to alienate your children against their other parent or against that parent’s family. Just because you are no longer part of that family doesn’t mean you children should lose those relationships.
• When you feel upset or angry about something, take a moment and breathe. Clear your head, and remember you have a legal objective to achieve. Don’t rehash hold arguments or pick at old wounds, it won’t accomplish anything and it will just make you upset.
• Respect your ex’s boundaries. You are not married anymore, and you don’t have the right to know what’s going on in his or her personal life. Unless it has to do with the divorce or your children, refrain from asking your spouse any personal questions or getting involved in his or her personal life.
• Try to be as civil and cordial as possible. Even if you hate your ex, putting aside any emotions or feelings you may hold towards him or her will save you from having to relieve those emotions again.
• Don’t fuss over small, irrelevant things. This will only delay the progress of your divorce which will lead to higher attorney fees. Stand up for what you want in regards to child custody, child support, and property division, but if it comes down to something trivial, like who gets the CD collection, it’s best to just agree to disagree and move on. Save your energy for what really matters.

At Claery & Green we know how stressful the divorce process can be, and want to do whatever we can to help you get through it with as little trouble as possible. To learn more about working with a San Diego divorce lawyer at our office, please call (619) 299-2008 or (760) 526-0440 today!

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!

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.

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.

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!

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.