This week, it has been announced that rock star Slash is terminating his marriage.

According to court documents, the lead guitarist filed for divorce on Monday from his wife whom he was married to for nine years. 

Slash's real name is Saul Hudson and he was well-known for playing with bands Guns N' Roses and Velvet Revolver. 

In the filing, it is stated that he and his wife Perla separated in July due to irreconcilable differences.  They share two sons, ages 8 and 6.  Slash is planning to seek joint custody of his children and asking a judge to determine the amount of spousal support he will have to pay.

TMZ was the first to break the news about the celebrity divorce and filing.

If you are planning to file fordivorce in Los Angeles, it is important that you hire a Los Angeles divorce lawyer who can help you get through your proceedings and obtain positive and results. To speak with a lawyer that handles divorce cases in California, contact Claery & Green now.

According to a new study, when people are in the midst of divorce, they cannot reveal how they are coping with it.  However, researchers say people can guess how divorcees are feeling not by what they say, but how they say it.

The University of Arizona study shows that even complete strangers are able to guess how divorcees are handling their emotions using just a few snippets of information.   The study is one of a number of studies that examines interpersonal distress.  In this case, the journal Psychological Science says people were monitored at the end of their marriages.

Ashley Mason, a university doctoral student who conducted the research, said, "'We wanted to know how much information people actually need in order to know how another person is coping."  She said men and women who had recently gone through divorce or separation were recruited for the University's study.  They were asked to complete questionnaires and provide audio recordings of their thoughts and feelings about their prior relationship and former partners.  Other people were able to guess how people were coping with their divorces by listening to the recordings.

Are you going through a tough divorce?  Contact Claery & Green to speak with aLos Angeles divorce attorney.

Many have said that these are tough times for Dodgers' owner, Frank McCourt. 

Currently, McCourt is involved in a multimillion dollar divorce with his estranged wife, Jamie.  And according to one of his court filings, he is always low on money. Not to mention, his ownership of the team is constantly under scrutiny.

This week, McCourt stepped to the stage at a gala to accept an award from the Los Angeles Police Protective League's charity, the Eagle & Badge Foundation.  He allegedly decided to give away one of the few things that he has a lot of nowadays, Dodgers tickets.

He promised to give 10,000 men and women of the police force vouchers for four tickets each, a total of 40,000 tickets, which is equivalent to $1.25 million Josh Rawitch, the Dodgers' VP of Communications, said "This is certainly one of the largest charitable donation made to a single organization by the Dodgers in recent memory."

When asked if McCourt could afford it due to his divorce proceeding, Rawitch replied, "Yes, of course."

Are you going through a difficult divorce in Los Angeles?  If so, contact Claery & Green to set up a consultation with a Los Angeles divorce lawyer.

After 60 long years of marriage, Michael Jackson's parents announced that they would be getting divorced.  Katherine Jackson is allegedly tired of her husband Joe's cruel behavior.

Five years ago, the couple became estranged and Katherine reportedly decided to file for divorce after 81-year-old Joe suggested that she was to blame for Michael's death.

Joe Jackson, who was accused of abusing Michael while he was a child, said in June, "I baked her to go over and stay with him, but she insisted he needed his privacy."  The couple started living separately five years ago. 

Katherine currently has child custody of Michael's children Prince, Paris and Blanket.  She resides in the family's Encino mansion while Joe Jackson lives in Las Vegas.

If you are having difficulties with family law issues such as child custody or divorce, contact our law office to get help from a Los Angeles family lawyer today.

On Sunday, Gov. David A. Paterson signed into law a package of bills including one that would make the marriages dissolvable by mutual consent.

The new bill, known as the no-fault divorce bill, allows couples in the state of New York to terminate their marriages by mutual consent and without one spouse having to accuse the other of grounds for divorce such as imprisonment, adultery, cruelty or abandonment. It also allows one spouse to divorce the other spouse unilaterally.

Supporters of the recent bill said it would end an epidemic of perjury in the divorce courts as some spouses have falsely testified to wrongdoing in order to get a divorce. One opponent of the new bill is the Roman catholic church which said no fault divorce would increase divorce rates.

Governor Paterson said, "finally, New York has brought its divorce laws into the 21st century."

If you are going through a divorce and you would like legal help, contact Claery & Green to speak with a Los Angeles divorce attorney.

News sources are buzzing about a North Carolina based company by the name of SafeGuard Guaranty Corp.  The company claims that it is the world's first divorce insurance offering and was recently interviewed by the New York Times.

The company offers WedLock insurance, which is sold in units of protection.  The coverage is meant to cover the cost of divorce proceedings, including legal fees and setting up a new residence.

The company says that their product retails at $15.99 per unit per month.  Each unit offers $1,250 in coverage and would be payable in a lump sum in the event of divorce.  People can buy as many units as they think they may need.

If people's marriages end, the company aims to give peace of mind by offering insurance.  The New York Times says that it would be better to put the money away in a bank account.  However, John A. Logan, chief executive officer of SafeGuard Guaranty told the news source, "There is nothing to stop your spouse from raiding those investments and taking it all. And then with all the money gone, you're left with all the legal bills."

Going through a difficult divorce?  Get the legal help you need by contacting Claery & Green and discussing your case with a Los Angeles divorce lawyer.

In Cape Cod, it is reported that a woman by the name of Trudie Hall was supposed to meet with a divorce attorney the day after she was reported as missing.

Hall, who is 23 and pregnant, disappeared after coming to the Cape Cod area on July 27^th.  She had inquired about divorce proceedings earlier this month at the Nantucket Probate and Family Court office, said an official source.  After inquiring, she was told to come back on the 29^th to meet with the court's attorney of the day.  However, she never showed up for her appointment.

Three dozen officers spent seven hours searching for Hall yesterday on several hundred acres of conservation land.  Sources that are close to the case believe that Hall is dead.

At this time, no one has been charged in Hall's disappearance and police have not identified suspects.  According to court documents, Hall was married to Doucet McDowe in 2009.

If you are going through a Los Angeles divorce and would like legal assistance, contact Claery & Green to meet with a Los Angeles divorce lawyer.

It appears that the more marriages a person has, the more likely that he or she will divorce. Enrichment Journal claims that in America:

§  The divorce rate for a first marriage is 41%

§  The divorce rate for a second marriage is 60%

§  The divorce rate for a third marriage is 73%

Additionally, the Discovery Channel recently released a report which said that couples with children have a lower rate of divorce than those without children.  Some sociologists have speculated that childlessness may be a common cause of divorce in the United States.  According to the Discover Channel's report, the absence of children may leave spouses lonely and at list 66% of all divorced spouses have no children.

If you are going through a divorce in Los Angeles, now is the time to speak with a Los Angeles divorce attorney at Claery & Green.  Contact our law office today to learn more about your legal options and rights.

How to Make Co-parenting Work During a Divorce

When you're going through a divorce your spouse is usually the last person that you want to be cooperative with.  However, being able to effectively co-parent with your spouse is the most important part of the process for your children.  Here are a few co-parenting guidelines that you should strive to follow:

1.       Make aparenting plan with the other parent and agree to stick with it.  This should include issues involving schools, extra-curricular activities, etc.

2.       Make a list of rules for your children that will be enforced at both households and agree on the punishment if these rules are not followed.

3.       Never, under any circumstances, fight with the other parent in front of your children. 

4.       Refrain from making negative statements about the other parent directly to your children or in the presence of your children.

If you have legal issues with your child custody matter, contact Claery & Green, LLP today.


Nicole Negron, Esq.
Claery and Green, LLP

There are a number of myths floating around the subject of divorce mediation. But the truth is mediation can be a great way to get through your divorce as amicably and quickly as possible without involving the courts.

Many believe that mediation puts one spouse at an advantage over the other, typically leaving women at a disadvantage. However, good mediators are trained to look for dominating behavior and will put a stop to mediation if one spouse persists in such behavior. Women actually usually get a better result through mediation than they do in court, as mediation takes into consideration non-legal factors. Plus, in mediation either spouse is allowed to call an end to the process at any time.

Some people believe that mediation is more trouble than hiring a divorce lawyer, but again, this is not the case. Divorce lawyers have to do a certain level of digging around and information gathering in order to make your case, but in mediation, you and your spouse agree to be upfront with each other. This allows for a streamlined divorce process that is typically less cumbersome and less expensive than turning to a lawyer.

If you're interested in learning more about divorce mediation, contact a Los Angeles divorce attorney with experience in divorce mediation.

There are a number of important factors to look at when choosing a divorce lawyer, but the most important thing is choosing a lawyer who is able and willing to adjust to your specific situation. Ideally, you and your spouse will be able to work out your divorce with little to no litigation, but even in this circumstance, it's a good idea to bring in a lawyer to help you work through the trickier legal matters such as property division and child custody.

When going through a divorce, you'll need to discuss very personal information and emotions with your lawyer. That's why it is essential that you choose a divorce lawyer that you feel you can trust and are comfortable around. Look for a lawyer with at least fifty percent of his or her practice focused on divorce, and make sure his or her experience matches your needs. If you are getting out of an abusive situation, for example, choose a lawyer with great experience dealing with these sorts of cases.

If it's time to end your marriage, a Los Angeles divorce lawyer can help you through this difficult time. Contact Claery & Green now!

Before people decide to move forward with their Los Angeles divorce, there are several things that can do to prepare.  Some of these preparative steps are highlighted below:

1.  First, you should hire a Los Angeles divorce lawyer.  Remember, the attorney that you select should be committed to protecting your best interests, have prior divorce case experience and be willing to listen to your needs.

2.  The next thing you should do to prepare for your divorce is to gather copies of all financial paperwork, including:  bank statements, credit card statements, tax returns, investment paperwork and paychecks.

3.  Finally, you should start thinking about the important decisions and the outcome your desire.  For example, do you want sole custody of your children or joint custody?  Do you want child support or spousal support?  What marital assets would you like to keep and which are you willing to live without. 

For additional advice on how you can better prepare for your divorce, contact Claery & Green today!

In the city of Sacramento, a man is asking that voters in the state of California ban divorce due to the fact that so many voters have already banned gay marriage.

The man, named John Marcotte, wants to add his ballot measure before 2012 and is directly calling for a ban on divorce.  The secretary of state's office has given him the go-ahead and now he must start collecting signatures.  Marcotte told news sources that his idea was inspired by Proposition 8, which has been subject to much controversy throughout the state.

Marcotte said, "What they wanted to do is protect traditional marriage and I thought that is such a noble goal, but they are going about it in such a strange way. If you want to protect traditional marriage, don't stop gay people from getting married, stop straight people from getting divorced."

Many Californians who have heard of Marcotte's campaign have called it a joke.  They say that it is designed to humiliate those who voted to ban gay marriage in the state.  Others say the measure is appropriate.

Are you going through a divorce in Los Angeles?  If so, contact Claery & Green to speak directly with a Los Angeles divorce attorney.

A new study asserts that if your friends file for divorce, you and your spouse will most likely file for divorce.  The study from Brown University followed 12,000 people in Framingham, Massachusetts since 1948. 

The results of the study indicate that if you know a friend, family member or co-worker that is going through a divorce, your risk of divorce increases by 75%.  If the divorce is happening to a friend of a friend, your risk increases by 33%.

According to marriage therapist Sandra Kacher, divorce is more common these days.  She explains that if you see others going through a spilt, there is a greater chance that you and your spouse will follow suit.

The study showed that the strongest influence is friends and that the chance of getting divorces increases by 147% if someone close to you decides to end their marriage.

If you are going through a divorce in Los Angeles and you would like legal guidance, do not hesitate to contact Claery & Green to set up a time to speak with a Los Angeles divorce attorney.

Top-ranked golfer Tiger Woods and his estranged wife Elin Nordegren are getting closer to finalizing their divorce. Both parties have agreed to the major terms of their divorce, and the proceedings have been kept very quiet. It has been reported, however, that Woods will have to pay out over $750 million to Nordegren when all is said and done.

There was suspicion that Woods had fathered a child with porn star Devon James after a fling the two had in 2001 according to James, but those rumors have now been quelled. The paternity of James' son was determined with 99.9% accuracy to be a man named Pele Watkins. Watkins' paternity of the porn star's son was determined through DNA testing back in 2002, and yet James, real name Melinda Brinling, began legal proceedings last month to determine if Woods was the same child's father.

If you live in California and the time has come to end your marriage, or if you have another family law matter to discuss such as paternity or child support, contact Claery & Green to speak with a Los Angeles divorce lawyer today.

Anytime couples are planning to terminate their marriages, they should give some serious thought to having a collaborative divorce.  Unlike other types of divorce, a collaborative divorce allows couples to discuss their wants and needs and then reach agreements by working together.  This can alleviate a lot of stress and painful emotions before, during and after the divorce process.

If you are planning to separate from your spouse, here are three major reasons you should consider a collaborative divorce:

1.  You and your spouse can control the outcome of your divorce.  Instead of leaving important matters in the hands of the courts, you can reach mutual agreements by working together.

2.  It can take less time.  When couples fight over issues related to their divorces, the process can drag on and on.  However, with collaborative divorces, people generally find that the process takes less time.

3.  It can be easier on kids.  If you have children, chances are that you do not want them to be exposed to fights or dramatic battles.  Generally speaking, collaborative divorces can be much easier on kids as they do not have to witness arguments between their parents.

Going through a divorce in Los Angeles?  If so, contact Claery & Green to discuss your family law matters with a Los Angeles divorce attorney.

When involved in a custody, dissolution or any family law dispute, an individual faces the most personal and difficult moments in his or her life.   It is very important that my clients feel that their rights are being protected and that their concerns will be heard.  This is why I am committed to being an aggressive and zealous advocate for my clients.  I have much compassion for my clients who are struggling to cope with their emotionally demanding family issues, and I have made it my ongoing objective to be at my best when approaching my clients' goals.

Erica L. Grand

Attorney at Law

Claery & Green, LLP

Dividing debt during divorce can be much harder than dividing assets, as debt is a burden that no one ever wants to carry. The cleanest way to deal with debt is to pay it off before the divorce process so that both parties are able to start their new lives debt free, though certainly a little less well-off. If this isn't possible, the next best option is that one party agrees to take responsibility for the debt in exchange for receiving more assets from the division of property.

The final option is for the couple to share responsibility for the debt. This is far from ideal, because if one party fails to pay off their portion of the debt, the other party is still legally responsible for the debt even if a legal agreement assigns the debt to the other party. This option leaves both spouses vulnerable and should be avoided where possible.

For more information regarding property division and divorce in California, contact Claery & Green to schedule a consultation with a Los Angeles divorce lawyer.

Family law encompasses a wide variety of legal issues such as: child custody, support payments, divorce, domestic partnerships and restraining orders. As a family law attorney you are called upon to act on behalf of your client during what is often one the most troublesome times in their life. The stakes and emotions are extremely high and your rights must be protected.  

That is why my number one objective is to be a zealous advocate for my clients' rights. As a zealous advocate, it is my job to effectively communicate with my clients to develop the important facts, apprise them of the law, and keep them continuously updated about the status of their case. As a zealous advocate, I am ready to fight for my clients' rights until the very end.

The family law court system can be very frustrating. If you or a loved one is involved in the system, you need a zealous advocate to help you fight your way through.    

Kyle Puro, Attorney at Law
Claery & Green, LLP

Every time the month of June comes, it is the end of the school year for kids in California.  For parents that are dealing with child custody matters, dealing with the summer months can be quite tricky because kids' routines.  If you are a sole or joint custodian, here are some summer survival tips that will help you with:

1.  Plan an exciting trip.  During the summer, your kids are not in school so you have more flexibility.  This is the perfect time to plan a local or long distance trip.  Not only will you get to spend some quality time with your children, but you may also have the chance to get away from your day-to-day stresses.

2.  Stay in touch.  If your child custody situation changes and you will be spending more time away from your child, try to stay in touch with regular phone calls.  You can even purchase a separate cell phone for your child so you can call him or her routinely.

3.  Take your mind off your worries.  If your child has to go on visits or will be staying with his or her mother for a prolonged period of time, try to engage in activities that alleviate your stress and that take your mind off of your daily worries. 

If you need assistance with a divorce or child custody matter in L.A., speak with a Los Angeles divorce lawyer by contacting Claery & Green today!

If you are going through a divorce in Los Angeles, whether it is a contested divorce or an uncontested divorce, you will want to secure help from a Los Angeles divorce lawyer.  You may be wondering why you need a divorce attorney, especially if you feel your divorce is pretty straight forward.  The truth is, a divorce lawyer can make the legal process much easier for you and even expedite matters.  The key is finding the right attorney to handle your case.  Below, we provide three tips to help you in your search:

Always choose a local attorney.  A lawyer that is local will have great understanding of your state's family laws and this will help you immensely as you make your way through the divorce process.

Choose a lawyer that practices family law.  Just as you would see a podiatrist if you had specific foot problems, you want to work with a litigator who is experienced in this niche area of law.

Ask for referrals.  If you know people who have gone through a divorce and their legal matters went smoothly, ask them to refer you to their attorney. 

If you would like to meet with a divorce attorney in Los Angeles, contact Claery & Green today!

For couples looking to divorce who have a family, a collaborative divorce should be considered if at all possible. A collaborative divorce is a more effective and less expensive way to divorce for couples who can agree to reasonably discuss their issues and divide their assets without involving the court system.

Collaborative divorce is much easier on families with children. The last thing a child needs to experience during this difficult time is the sight of their parents attacking each other in a court room, hiding things, and trying to undermine one another. If a couple can agree to approach getting divorced from an honest and respectful standpoint, children will be much better off.

Collaborative divorce is also much more cost effective, because in a collaborative divorce, both parties agree in writing to be up front about all aspects of the relationship and the assets involved. This means the couple's lawyers will spend much less time researching the other partner and a divorce settlement will be reached much more quickly.

A collaborative divorce is not the right choice in every situation, but if you live in California and you and your partner can agree to be respectful of and honest with each other throughout the divorce process, then speak with a Los Angeles family lawyer today who can help you through the process.  Contact Claery & Green now!

A recent study by the London School of Economics entitled "Men's Unpaid Work and Divorce" found that divorce rates are lower in families with children where husbands help with the housework, shopping, and childcare.

The study involved 3,500 British couples and blew apart the old standing theory from the 1960s that marriages are most stable when men focus on work and women are responsible for the house. The study found that couples at the lowest risk of divorce are those "in which the mother does not work and the father engages in the highest level of housework and childcare."

Previous studies have examined the increased divorce rate in couples where the wife works, but very little research has been done on the behavior of men in marriages. This study "suggests that fathers' contribution to unpaid work at home stabilizes marriage regardless of mothers' employment status."

The study analyzed married couples who had their first child in 1970. A conductor of the study said, "The results suggest that the risk of divorce among working mothers, while greater, is substantially reduced when fathers contribute more to housework and childcare."

If you feel that it is time to end your marriage, contact Claery & Green to schedule a consultation with a Los Angeles family law attorney today.

Actor Jon Cryer has been engaged in a bitter legal battle over child support payments to his ex-wife, Sarah Trigger. However, Cryer's battle appears to be over.

The actor was required to pay Trigger $8,000 monthly in support costs, despite Cryer having primary custody of the former couple's nine-year-old son, Charlie. Cryer went to court to request that his monthly payments be dismissed.

The case was settled at a hearing earlier this month, and the outcome was sealed by the presiding judge. However, Trigger's lawyer told TMZ.com, "We're relieved it's over." Trigger and Cryer divorced in 2004 after five years of marriage.

Cryer currently stars in the popular sitcom, Two and a Half Men.

Claery & Green understands how difficult divorce can be, particularly when children get drawn into the proceedings. If you are facing a custody or child support battle, contact a Los Angeles family lawyer who can help you get through this difficult time.

California has a simplified process for getting divorced called summary dissolution. Those who qualify for this process have less paperwork to fill out and do not have to appear in court. If you and your spouse have agreed in writing to a division of your debts and assets, you may qualify for summary dissolution.

The other necessary criteria are: you must have been married for five years or less, have no children from the relationship, not own a home or other real estate, the value of all community property must amount to less than $25,000, your combined debt may not exceed $5,000, and both parties must waive spousal support.

To obtain a summary dissolution, both parties must agree to all of the terms of the agreement. A summary dissolution can be canceled by either party for any reason before it is finalized.

To find out more about summary dissolution, contact the Claery & Green today. A Los Angeles divorce lawyer is available now to help you through your divorce.

Alimony in California is referred to as spousal support. It is money that one spouse pays to the other to help support them after a divorce. The spouse receiving such support is required to pay federal and state income taxes on whatever they receive, and the spouse making such payments is entitled to a tax deduction. A Los Angeles divorce lawyer should be consulted to verify that the orders are drafted correctly, ensuring that such deductions can be made legally.

If neither party currently needs spousal support, either can ask the judge to reserve jurisdiction to order spousal support at a future date, such as when a job is lost or health deteriorates. Again, a judge will be more likely to grant this if the marriage has lasted over ten years. Under some circumstances, the person receiving support may go back to court to ask for a change in the amount of support. A judge can also order a wage assignment so that a spouse's employer pays spousal support directly.

If you have questions about spousal support and your other options when getting divorced, contact Claery & Green today!

One of the most common questions Claery & Green receives from clients is "How is property divided in the state of California?"  Many people who are planning to divorce want to know this so they understand how their marital assets will be divided if they move forward with terminating their marriages.

According to the California family law, all property marital property is to be distributed equally between both spouses.  Marital property is considered any assets that are accumulated throughout the duration of the marriage.  Any property that is accumulated before or after the marriage is considered separate property and will not be subject to property division.

Do you have questions related to divorce or property division in Los Angeles?  If so, you should contact Claery & Green to schedule an initial case evaluation with a Los Angeles family lawyer today.  We have helped many people get through their divorces and will do everything we can to help you protect your assets.  

Often times, when people are going through a divorce, they find that they cannot come to an agreement on the issues that matter most.  For example, spouses may have heated battles over who should have custody of the children or who should have to pay child support.  These battles can go on for weeks, months and even years and are never productive.

Instead of dealing with constant disputes, spouses can go through divorce mediation.  During divorce mediation, spouses will meet with a "mediator" who will listen to each person's side of the story and work to mediate through areas of contention.  The mediator will also help spouses reach amicable solutions and agreements that not only benefit both parties, but expedite divorce proceedings.

As you can see, divorce mediation can be a great option for spouses who need third party intervention.  The key is finding a mediator that is not bias, knowledgeable, experienced and local.

If you are currently going through a divorce in Los Angeles, know that the attorneys at Claery & Green are committed to your cause.  We would welcome to the opportunity to speak with you about your case.  Contact us to speak with a Los Angeles divorce attorney from our law office.  

Sandra Bullock has officially filed for divorce from husband Jesse James. The petition reads that the marriage has become insupportable because of discord or conflict of personalities. Sandra Bullock, now 45 years of age, filed the papers on Wednesday with a court in Austin, Texas. The papers stated that the couple is no longer living together and that she is ready to begin dividing up their estates.

Bullock, according to People Magazine, is also planning on adopting a 3 ½ month old baby boy. She will be going ahead with the adoption as a single parent. She had planned on revealing her plans for the adoption after this year’s Oscars but when the break up occurred, the news was placed on hold. James said Sandra has been a great wife and mother.

Bullock and James married in July of 2005. In March of this year reports came to light that James had several affairs.

If you are considering a divorce then you should seek the advice of a competent Los Angeles divorce attorney to help you protect your interests. At Claery & Green, we have the experience to skillfully and carefully prepare your case. Choosing the right attorney is key to a positive outcome. Contact our office today to schedule a consultation to learn more about our services by calling 310-362-2273.    

According to CPA David Kane, an area that should be looked at when a couple is going through a divorce is determining the most advantageous tax filing status. In the pre-divorce years, there are several different options available that will either reduce or increase your tax liability. The outcome is dependent upon which tax filing status you decide to use.

In the years prior to divorce, the options for tax filing are as follows:

The partner who instigates the divorce needs to take into consideration how to break the news in as civil a manner as possible to the other partner. Divorce is never fun but it doesn't have to be a catastrophe, according to Judge Kass, a District Judge from New Mexico.

Cruelty is not what is needed in a divorce and can aggravate matters, making agreements far more difficult. Both spouses need to be involved in the decision to divorce as early as possible. Counseling can be a gentle way to separate, giving both partners a chance to express themselves and lay the groundwork for divorce. When one partner is ready to divorce but the other is not, the one who is ready should be patient and allow the other to digest the suggestion. If you are in need of help with a divorce, contact an  experienced  Los Angeles divorce attorney at Claery & Green today by callig 310-362-2273.       

One of the most emotional parts of a divorce can be trying to make decisions when there are children involved. One is supposed to make decisions "In the best interests of the child." But what does this really mean? 

The words "best interests of the child" have no one, single meaning. This is why laws in most states define "best interests" by listing a number of factors. Generally, judges are directed to look at the following factors:

• the wishes of both parents;
• the wishes of the child;
• the relationship between the child and his parents, siblings and other important people in his life;
• the child's adjustment to home, school & community; and
• the emotional & physical health of everyone involved.

Most people would agree that the best interests of the child should largely be geared toward the type of relationship and bonding the child has with each parent. Where will he be happiest? Letting the child have a say is often in his best interests, not merely what the parents think is best. The focus is "in the best interests of the child."

If you are involved in a child custody matter, let the experienced Los Angeles divorce attorneys at Claery & Green help you come to decisions that are important and need to be made correctly from the beginning. Contact us for a consultation at 310-362-2273.

                                 Divorce Facts vs. Myths (continued)

As a continuation of the previous article involving divorce facts and myths, here are a few more common ones.

Divorce Myth: A good way to reduce the chances of eventually divorcing is to live together before marriage.

 Fact:  Quite the contrary, numerous studies have found that those who live together before marriage have a considerably higher chance of eventually divorcing. The reasons for this are not particularly understood.  Some people think there is evidence that the act of cohabitation itself generates attitudes in people that are more conducive to divorce, for example the attitude that relationships are temporary and easily can be ended.

Divorce Myth: Unhappiness in the marriage at certain points is a good sign that the marriage will eventually end in up divorce.

Fact:  By far the great majority of marriages have both ups and downs, just like in normal life. Every day is not going to be a "wonderful" day.   According to recent research using a large national sample, it was  found that 86 percent of people who were unhappily married in the late 1980s, and stayed with the marriage, indicated that they were happier when interviewed five years later. Three fifths of the formerly unhappily married couples rated their marriages as either "very happy" or "quite happy."

If you are experiencing difficulty in your marriage, contact our family law attorneys, Claery & Green who have an experienced and caring hand in these matters. To set up a consultation to learn more, feel free to contact the office at your convenience by calling (310) 362-2273!

According to an article written by David Popenoe covering  facts, vs. myths pertaining to divorce, the following are a few of the more common myths and facts concerning this most popular subject.  We will discuss just a few of them in this writing.

Divorce Myth # 1:  Second marriages tend to be more successful than first marriages because people learn from their bad experiences,

The Fact: Although many people who divorce have successful second (or even third marriages,) the divorce rate of remarriages is in fact higher than that of first marriages.

Another Divorce Myth:  Having a child together will help prevent divorce and enable a couple to improve their marital satisfaction.

Fact: Numerous studies have shown that the most stressful time in a marriage is after the first child is born. There is only a slightly decreased risk of divorce for couples who have children compared to couples without children, but the decreased risk is far less than it used to be when parents with marital problems were more likely to stay together "for the sake of the children." More "Divorce facts vs. myths to come soon."

If you have a divorce or family law matter you'd like to discuss with an attorney, please feel free to contact Claery & Green to arrange a consultation with an experienced Los Angeles divorce lawyer at our office!

The McCourts are one step closer to resolving their highly contested divorce and determining who will retain ownership of the Los Angeles Dodgers baseball club.

A Los Angeles County Court Commissioner set a trial date for August 30, during which the court will hear arguments to determine whether Frank or Jamie will get to keep the Major League Baseball team.

Frank McCourt claims he is the rightful owner of the team, and that a 2004 marital agreement gives him sole ownership rights to the Dodgers, Dodger Stadium, and the surrounding land. That same agreement gives Jamie McCourt the rights to their seven properties, which includes six homes and one condominium.

Despite this alleged agreement, Jamie claims she has the right to partial ownership of the team.

Considering Filing for Divorce?

The McCourts' divorce is not only very messy and complex, but it could also take over a year to resolve. Not all divorces have to be this way. It is possible for two people to resolve their divorce amicably as long as they are willing to put aside their differences and address what is most important: reaching a settlement that serves the needs and best interest of everyone involved.

If you have decided to file for divorce, a Los Angeles divorce attorney at Claery & Green would be happy to discuss possible alternatives to litigating your case in court. Through mediation, a marital settlement agreement, or some other form of alternative dispute resolution, you can save yourself a great deal of time, money, and energy that can be better spent on starting your new life. To arrange a consultation to discuss your divorce, please contact the office today at (310) 362-2272!

If you and your spouse have made the decision to file for divorce, it's in your best interest to consider drafting a martial settlement agreement as opposed to litigating your case in court. A martial settlement agreement is a document used in divorce that addresses such thing as division of property, spousal support, child support, and child custody. This document is just as enforceable as any order handed down by a judge. The only difference is the parties work together to reach a settlement instead of the judge issuing a ruling. 

Who Should Draft a Martial Settlement Agreement?

Anyone who wants to avoid the hassle, headache, and expense associated with divorce litigation will benefit from a marital settlement agreement. These types of agreements remove the court's involvement from your case, and instead give you and your spouse control over how you'd like the various issues at hand to be resolved. Furthermore, you can choose which issues you'd like to include in the settlement agreement. While some couples may want all aspects of the divorce laid out in the agreement, others may only wish to discuss asset and property division, while some may only want to include alimony and child support arrangements.

A California divorce lawyer at Claery & Green would be happy to meet with you to discuss drafting a marital settlement agreement. To set up a consultation to learn more, feel free to contact the office at your convenience by calling (310) 362-2273!

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.

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.

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!

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!

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.”

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:

1. They must have lived in California for at least 6 months
2. 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.

Divorce can either be settled through mediation or litigation.

When possible, it’s in both parties’ best interest to try to resolve their divorce through mediation. Mediation gives the parties control to negotiate the terms of their divorce and resolve issues such as property division, child custody, child support, and  alimony without intervention from the court. Furthermore, the process of mediation is much less stressful, time-consuming, and expensive than litigation, and is very helpful in fostering communication. During mediation, the parties come together with a neutral mediator whose job it is to help the parties work through conflict, facilitate negotiations, and reach a settlement based on the parties’ own terms. 

There are times when a divorce needs to be battled out in court, and this situation is referred to as litigation. Litigation is necessary for those cases in which the parties cannot seem to agree on any aspect of their divorce, and therefore are not able to settle the divorce through mediation or alternative dispute resolution. Because litigated divorce cases take place in court, they often take a lot longer to settle and finalize than those divorces resolved through mediation. And because it tends to take longer to resolve a divorce in court, the cost of litigation is often much higher than the cost of mediation. Furthermore, contested divorces tend to be more emotionally taxing, stressful, and difficult on everyone involved, especially children.

With all that said, both mediation and litigation are effective ways to settle a divorce. If you are interested in learning more about either one of these forums, a San Diego divorce lawyer at Claery & Green would be happy to meet with you to discuss your case and determine what your legal objectives entail. To schedule an appointment, contact Claery & Green today at (619) 299-2008 or (760) 526-0440.

If you have been served with a petition for dissolution of your marriage(divorce), you are likely wondering what you need to do.  It is imperative that you respond to the petition in a timely manner and that your response is filed and served properly.  Otherwise, you will be at risk of being defaulted.  This means that the petitioner may obtain orders in your absence (a Default Judgment); and they will likely be unfair orders.  It is imperative to take a proactive approach in any litigation you are involved in.  In addition to properly filing a response, you may want to pursue temporary orders to address issues while the divorce process occurs.  This is especially important if you need temporary child custody and child support orders, spousal support orders, exclusive use and possession of the home you and your spouse live in, and order for any other issue that must be addressed promptly.  To obtain these orders an Order to Show Cause  request must be filed with the court.   

  A divorce will ultimately result in final orders set forth in a Judgment.  These orders will dissolve the marriage and the issues related to the marriage.  These issues include child custody, child support, spousal support, division of the marital assets and debts and many other issues.  The paperwork filed with the court must be prepared properly, filed timely and served in the correct manner.  In addition the discovery process may be initiated to investigate the existence and value of assets, debts, the opposing party’s income and compensation and to uncover the opposing party’s position regarding the issues, among other things.

It is critical to avoid a passive, “wait and see,” approach in a dissolution.  Do not rely on the opposing party’s advice on what you are entitled to.  Also, keep in mind that if your spouse has an attorney, that lawyer is advocating for your spouse and only your spouse.  The best approach is to immediately consult with an attorney.  If you feel comfortable with that attorney, he or she can help you get through this difficult time.  An attorney will make sure your documents are prepared properly and filed and served in a timely manner.  Most importantly, you will be advised as to your rights and what you are entitled to.  You make the decisions; however you should be well informed throughout the process.

Our attorneys are passionate about family law and dedicated to making sure our clients feel like they have an aggressive team of advocates on their side.  It is important not to feel alone during the emotionally charged and stressful divorce process.

Lance Claery, Partner
Attorney at Law
Claery & Green, LLP