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.

In a new study, it has been reported that two in five of all victims of domestic violence are in fact none. This study contradicts a widespread impression that only women are victims of domestic abuse in the United States.

In the study, which was put together by the men's rights campaign group Parity, it is asserted that men who are assaulted by their partners are often ignored by law enforcement. The studies numbers show that the number of men who are assaulted by their wives or girlfriends is much higher than most would think. 

Domestic Violence: The Male Perspective says, "Domestic violence is often seen as a female victim/male perpetrator problem, but the evidence demonstrates that this is a false picture."

Some of the data reveals that men made up about 40% of domestic violence victims from 2008 to 2009, which is quite significant. 

Have you been the victim of domestic violence in Los Angeles?  Get the help you need to put an end to the abuse by contacting our law office and speaking with a Los Angeles family law attorney.

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.

If we are in the process of planning your estate, one thing you should be aware of is power of attorney.  Essentially, power of attorney gives another person the power to act on your behalf.  The thing to remember is that power of attorney is only as great as the language that controls it and words in documents can be taken in numerous ways.  For this reason, it is important to be very specific when designating power of attorney to ensure everything is executed according to your wishes.

Another thing to remember about power of attorney is that it is only valid while the person who granted authority is still alive. When that person dies, but power of attorney expires.  However, as long as the person is alive and no changes are made to the power of attorney agreement, the arrangement will remain in place.

If you need assistance with durable power of attorney for healthcare or for your property, contact Claery & Green to discuss your estate planning needs with a Los Angeles family lawyer today.

Recently in Sacramento, it has been reported that Counties may raise fees on marriage licenses by up to $10. The increase is meant to help fund domestic violence shelters under a new bill that was sent to Gov. Arnold Schwarzenegger by the state Senate.

So far, Counties are ready collective $23 fee on all marriage licenses to fund domestic violence shelters.  If the new bill gets approved, county supervisors can increase the fee to $33.  Senator Leland Yee said the increase would offset a drop in state funding that has recently forced four domestic violence shelters to close.  His bill, SB662, was approved on a 21 to 13 vote. Yee is a Democrat from the city of San Francisco.

The Senate also sent the governor a second domestic violence bill, SB782, which would protect victims from retaliation if they are involved in a domestic abuse dispute and it passed with a vote of 22 to 14.

If you have been a victim of domestic violence, get the help you need by contacting a Los Angeles family law attorney today!

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.

In Iceland, it has been reported that legendary chess player Bobby Fischer is not the father of a Filipino girl. DNA tests of tissue samples taken from his corpse remain in Iceland.

Thordur Bogason, the attorney for nine-year-old Jinky Young, whose mother claims is Fischer's daughter, told reporters that the DNA test results now and the paternity case that was filed in Iceland's Supreme Court.

Back in June, the court had allowed DNA testing to settle the paternity case. Fischer's body was exhumed from the burial site in July so tissues could be gathered.

The DNA test results are responsible for narrowing down the number of claimants to the chess legend's estate which is allegedly worth $2 million.

If you need assistance with a paternity matter or a DNA testing matter in the city of Los Angeles, contact Claery & Green and get representation from a Los Angeles family law attorney.

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.

This week, the former wife of Dennis Rodman said that the former NBA player continues to fail to pay her child support and that his delinquency has caused her to be evicted, twice.

Michelle Rodman says that the basketball player owes her more than $500,000 for their son D.J. and their daughter, Trinity.  She said that he has yet to keep up with the $50,000 a month payments that he was ordered to make.

Recently, Michelle filed papers in Orange County Superior Court that report Rodman's failure to pay.  She said that he failed to pay her rent twice since 2009, resulting in two evictions. 

Rodman's legal team say that the former NBA player will start to pay Michelle's rent once she moves into a less expensive property.  They also allege that Michelle is living outside of her means.  Rodman had his child support payments increased in March, but has been trying to get them lowered because he cannot afford them.

If you need assistance with a child support related matter, contact our law office to speak with a Los Angeles family lawyer.

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.

A living trust is an arrangement where one person is appointed as a trustee.  Once appointed, the trustee holds legal title to property that is to be owned by another person, known as a beneficiary.  Living trusts are a type of simple will that people can create while they are still living.

People often create living trusts to avoid probate, lessen estate taxes and also to set up long-term property management for their valuables and assets.  By taking the time to create a living trust, people can avoid having the need for probate and the paying of probate fees.

Generally, there are two popular types of living trusts.  The first is a basic living trust for an individual or a couple that avoids probate.  The second is an AB trust for a couple that avoids probate and saves money on estate taxes.

To learn more about living trusts, contact Claery & Green and speak with a Los Angeles family law attorney today!

This week, it is reported that the closed-court child custody hearing between Mel Gibson and his former girlfriend, Oksana Grigoriev, ended without much finality.  It is reported that no changes were made in their custody arrangement.

Lead attorney for the actor, Blair Birk, and other attorneys appeared in Scott Gordon's downtown courtroom just before 4:30 PM.  When asked questions by the press, each responded "no comment".

The lawyers all met behind closed doors, spending the time arguing over Oksana Grigorieva's motion to have all access and custody rights removed.  Her legal team made it clear that she does not want Mel Gibson to see their eight month old daughter.

At this time, it is said the couple will have to appear in court in the near future for the restraining order Oksana Grigorieva had against Gibson.

Need assistance with a family law matter in L.A.?  If so, contact Claery & Green to speak with a Los Angeles family law attorney!

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.

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!

Dependency Court is a part of the Superior Court which hears cases regarding children who are abused or neglected. In specializing in the needs of children and families, Dependency Court works to ensure the following:

A child's right to a fair and speedy trial

Any decision made regarding a child puts the child's safety first

Children and families are placed with child welfare professionals who can help them practically organize any services for the family

Families work with the same professionals throughout their court cases

Every child is placed within a permanent home within a year of leaving their parents home and only have to live in one place before their permanent home placement

Families are given a fair, fast, affordable, and accessible place to solve problems

All professionals try to help families solve problems without involving the courts whenever possible

If you have questions about Dependency Court or juvenile dependency, contact Claery & Green to set up a consultation with a Los Angeles family law attorney.

In the legal community, a power of attorney is essentially a binding document that allows an individual to appoint another person or organization to handle his or her affairs in the event that the individual cannot.  The person appointed is called an "Agent" or an "Attorney-in-Fact".  There are four types of Power of Attorney:

Special Power of Attorney - authorizes an Agent to act on an individual's behalf in specific situations.

General Power of Attorney - authorizes an Agent to act on an individual's behalf in a variety of situations.

Health Care Power of Attorney - authorizes an Agent to act on an individual's behalf to make health decisions if the individual is too ill to do so.

Durable Power of Attorney - by adding specific text to the document, the general, special and health care powers of attorney are made "durable", which means that the document will take effect if the individual becomes ill, mentally incompetent or incapacitated.

If you have additional questions about Power of Attorney or estate planning, contact a Los Angeles family law attorney today!

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!

Below, you will find a few commonly asked questions related to domestic partnership in the state of California:

If I live in California, how do I register my domestic partnership?
In the state of California, same-sex partners and couples with one partner who is 62 years of age or older are eligible for domestic partnership registration.  Couples may register with the state by completing a Declaration of Domestic Partnership Form NP/SF DP-1.  Both signatures on the application must be notarized and a fee will be payable to the Secretary of State. 

Will I have to re-register as laws change and affect domestic partnerships?
In the past, domestic partners have not been required to re-register as laws have changed.  However, it is hard to predict what may happen in the future.   In the event that re-registration is required, it is always a wise idea to make sure your address is current with the Secretary of State to ensure you are kept informed.

How can I terminate my domestic partnership?
In order to terminate a domestic partnership in California, you will have to initiate a dissolution proceeding with the Superior Court.  This can be accomplished on your own or with the help of a family law attorney. 

If you have additional questions related to domestic partnership in California, contact Claery & Green to speak with a Los Angeles family lawyer.

If you were granted a restraining order such as a temporary order of protection, and the order was violated, here are some things you should do report the violation:

§  First, make sure that you keep your restraining order in a safe place so that you have it on hand when you report that it has been violated.  Should law enforcement officials ask to see it, you will have access to it.

§  Call law enforcement and tell them that your restraining order was violated.  Ask them what procedures you must follow to report the violation and to seek additional protection.

§  After officers tell you how to report the violation, make sure that you follow the proper steps and report the violation as soon as possible.

§  Finally, seek help from a family law attorney that can protect you from additional harm and that can assist you as you report the violation.

Was your Los Angeles restraining order violated?  Now is the time to speak with a Los Angeles family lawyer who can offer you the legal services and protection you need.  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.

If you are involved in a same-sex relationship or are 62 years of age or older, you should know that here are numerous domestic partnership benefits in the state of California.  Some of the benefits include:

§  the ability to use step-parent adoption procedures.  Domestic partners that are registered have the ability to go through the same adoption proceedings as those used by step-parents.

§  the ability to have child custody of children of domestic partners.  If parents are registered as domestic partners, the laws of California assume that domestic partners are parents.

§   the ability to make medical decisions for your partner and the right to visit your domestic partner in the hospital.

§  the ability to inherit property if your domestic partner dies before he or she has created a will.

§  the ability to use sick leave to care for a domestic partner or even a domestic partner's child.

These are just some of the many benefits that domestic partners get to enjoy.  If you would like to learn more about domestic partnership and your rights, contact a Los Angeles family law attorney!

On July 2^nd, singer Melissa Etheridge filed papers with a Los Angeles court to dissolve her domestic partnership with actress Tammy Lynn Michaels.  Following the filing, Michaels insisted that she was "blindsided" by the news.

In 2003, the same-sex couple exchanged vows with one another.  Following their nuptials, they welcomed twins into the world before deciding to separate in April.  News sources were quick to report that Etheridge had filed a Petition for Dissolution of Domestic Partnership in Los Angeles County Superior Court, prompting Michaels to respond via her blog.

Michaels wrote, "Gentle waves no noise for a while or maybe gentle voices and SMACK! file for divorce! even though we both promised agreed handshook pinkyswore no filing until after the tour in the fall."

She was aggravated that the news had come to her through headlines and insisted that while the singer was on tour, she would be at home raising kids.

If you have legal issues with your domestic partnership that need to be dealt with, discuss your needs with a Los Angeles family law attorney by contacting Claery & Green today!

Creating a simple will is one way in which people can make sure that their close loved ones remain protected and financially secure in the event of their passing.   It also allows people to make binding decisions about their estates prior to their deaths.  If you are thinking about drafting a simple will, follow these tips:

§  Consider who you will want to serve as your executor.

§  Consider the future of your dependents and if you have young children try to decide who would be designated as their guardian.

§  Consider which assets, gifts and/or property you would like to give to each loved one.

§  Consider your funeral arrangements and how you would like things carried out following your death.

§  Consider updating your will when necessary as circumstances may change.

§  Consider hiring a family law attorney that has experience in estate planning.

The final tip is perhaps one of the most important as a simple will is a legally binding document.  As with all legal matters, it is important that you have a lawyer who can ensure your will upholds in court and that your wishes are carried out. 

Ready to create your simple will?  If so, contact Claery & Green and schedule a consultation with a Los Angeles family lawyer.

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.

Child custody has a large bearing on how child support is determined in a divorce settlement. In California, both parents are financially responsible for their child. When full custody is granted to one parent, that parent is considered the custodial parent, and their financial obligation is considered fulfilled.

The non-custodial parent is typically required to pay child support to the custodial parent in order to fulfill their financial obligation, and the amount of child support to be paid is determined by the percentage that each parent contributed to the couple's joint income during their marriage. When custody is split, who pays child support is determined by income during the marriage and also the percentage of time each parent has physical custody of the child.

Typically, the parent who pays child support is required to do so until the child turns eighteen, begins active military duty, or is emancipated by a court. Child support also ends if parental rights are terminated through adoption.

If you have questions about child support in California, take the time to speak with Los Angeles family lawyer by contacting Claery & Green today!

Former lead singer of New Edition, Bobby Brown appears to have finally ended a ten year long child support battle with his ex and mother of his two children, Kim Ward. Brown has been jailed several times over the last decade for failing to make child support payments to Ward regarding their children, LaPrincia, 20, and Bobby Jr., 19.

Brown was required to make payments of $5,500 a month to Ward, but recently filed paperwork claiming that he could not keep up with the payments because he has no job. Apparently Brown's legal team has reached an agreement with Ward that resolved all outstanding payment matters.

Patrick McDermott told the Boston Herald, "The big issue was college expenses and how to handle those going forward. But it was quick and uneventful, and they seem to have wrapped up all the outstanding matters."

If your ex is failing to make child support payments, talk to a Los Angeles family law attorney to determine the best course of legal action.  Contact Claery & Green now!

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.

Recently, news sources reported that Francis Bean Cobain is in the middle of a serious conflict with her mother.  Francis is the sole child of alternative singers Kurt Cobain and Courtney Love.

Reports indicate that Love already lost child custody of Francis last year.  While the cause of the lost custody has not been made public, it was revealed that the Cobain Trust Fund suffered a loss of $8 million.

At this time, Francis remains under the guardianship of Wendy O' Connor, Kurt Cobain's mother.  Last January, the trustee that was overseeing Francis' trust fund handed the rights over to O'Conner and separated Love from the fund.

At this time, news sources say that the child custody matter will be dealt with separately from the issues surrounding the trust fund.  Back in 1997, the trust fund was established for Francis after her father died in 1994 without a will.  Francis is the sole beneficiary of the trust which has been the subject of controversy.

If you need assistance with a child custody matter in Los Angeles, contact Claery & Green to discuss your case with a Los Angeles family law attorney.

If you think domestic violence is not a serious problem in the U.S. - think again.  Domestic abuse is a very serious issue in our country and it adversely impacts the lives of countless people.  Below, our legal team has compiled some statistics to generate awareness:

§   In 2001, the National Domestic Violence Hotline reported that it had received 700,000 calls since 1996.

§  The National Institute of Justice estimates that over 503,000 women are stalked by their intimate partners in the U.S. on an annual basis.

§  A Commonwealth Fund survey showed that 31% of all American women were physically or sexually abused by an intimate partner at some point in their lives.

§  EAP Digest reported that violence is the cause for divorce for 22% of middle-class spouses.

§  The American Medical Association says that domestic violence results in 100,000 days of hospitalization and 30,000 ER visits annually.

If you have been abused by an intimate partner or family member, know that you have legal options.  One of the best things you can do is contact a Los Angeles family lawyer that represents domestic violence victims, like the lawyers at Claery & Green.

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

The definition of domestic violence in California extends far beyond the most common understanding of a man physically abusing a woman. In California, any of the following actions are considered domestic violence when committed by a current or former spouse, boyfriend or girlfriend, person you have a child with, person you live(d) with, or person you are related to through blood or marriage:

- Causing or attempting to cause physical injury
- Sexual assault
- Causing fear that you or another person you know will be physically injured
- Molestation, attack, battery, or stalking
- Threats or harassment, either in person or via phone or email
- Destruction of personal property

Victims of domestic violence can obtain a domestic violence restraining order (DVRO), a civil court order that is signed by a judge. The DVRO serves to keep the abuser at a distance under penalty of law.

 If you are a victim of domestic violence and would like to obtain a DVRO, a Los Angeles family lawyer can help you.  Contact Claery & Green to receive the legal assistance you need for your family law matter.

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.

If a person dies without a will in California, the way in which their estate is divided and distributed is governed by a statute known as in intestate law.

If the deceased person is survived by a spouse and/or children, the deceased person's estate will typically be divided between the spouse and children. When applicable, the estate will also be divided amongst surviving grandchildren. If the deceased person does not have a spouse or children, the estate is typically divided amongst the parents, siblings, aunts and uncles, cousins, et cetera, of the deceased person depending on who, if anyone, survives him or her.

If a person dies and leaves behind minor children without any other guardian, the court will appoint an appropriate guardian, typically a close family member when possible. Any assets left to a minor child will also fall under the care of a guardian until the child turns eighteen.

Clearly, quite a bit can be left to the courts to decide if a person dies without a will. If you feel that it is time to take the precaution of writing a will, contact Claery &Green to discuss your options with a Los Angeles family law attorney today.

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!

Anytime spouses are divorcing or separating and they have children, it is natural for grandparents to express concern.  Often times, grandparents wonder how the separations will impact their relationships with their grandchildren, which leads to worry and nervousness.  Thankfully, in the state of California, grandparents have rights that are protected by the law.  The state feels that grandparental rights are important for numerous reasons.

First, grandparents provide grandchildren with stability and security.  During a family crisis, such as a divorce, stability is important for children.  Second, it can be very traumatic for children to suddenly lose contact with their grandparents, especially during a time when they need love and support the most.  Finally, just because parents wish to cut ties does not mean that they have the right to sever their children's ties with grandparents.

For these reasons, grandparent's rights are important.  If you have questions pertaining to grandparental rights in California, contact Claery & Green to set up a consultation with a Los Angeles family law attorney.

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!

According to paperwork filed in a Southern California court on May 17, Jesse Jame's former wife, Janine Lindemulder is asking for joint child custody of the couple's daughter, Sunny James, as well as child support and attorney's fees.

Lindemulder, a former porn star, has asked a court judge to force James to help her as she relocates from Oregon to Southern California and give her a 50-50 custody split of their child. The mother claims that she is currently working for Campus Marketing Specialists making $8.50 an hour. She claims that she brings in $1,170 a month from her job in addition to an average of $1,610 in royalties from her pornographic films and web content. She is currently married to Jeremy Aikman, 32, who reportedly earns $500 a month, and Lindemulder claims that she currently lives in a halfway house.

If you're facing an ugly custody battle, a Los Angeles family lawyer Claery & Green can help you. We'll work hard to ensure that your rights as a parent are protected.  Contact us now!

A legal action brought to determine a parent-child relationship is known as a paternity action. A paternity action will result in a court decree establishing the relationship and ordering custody, support, and/or visitation of the child involved as necessary. Such an action may be brought at any point after conception, even before the child is born in order to obtain help paying for pregnancy and birth-related expenses.

If paternity is admitted, then an agreement to that effect is drawn up and signed by both parents, but if paternity is denied, then the father can be ordered by the court to take a paternity test. The paternity test generally admitted by California courts is the HLA tissue test. This test involves taking blood samples from both parents and matching genetic factors to the child's blood. Results are highly accurate and are typically accepted by the courts.

Issues of custody, support, and visitation are resolved after paternity is established. If a written agreement cannot be reached by both parents, then the court will make the necessary orders.

If you are facing paternity or other family law issues, talk with Los Angeles family law attorney who can help you weigh your legal options by contacting Claery & Green!

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.

A grandparent's right to visitation of their grandchildren is determined by a number of factors in California. A grandparent can receive visitation rights if it is in the child's best interest in the case of a deceased parent or if the parents are divorced, currently living separately on a permanent or indefinite basis, or if one parent is absent for over a month without the other parent having knowledge of his or her whereabouts. Except for in the case of parental death, for a grandparent to receive visitation rights, one parent must join in the petition of the grandparent or the child must not be residing with either parent.

A court will determine if the grandparent has a preexisting relationship with their grandchild to determine if grandparent visitation is in the best interest of the child, and the court will balance the interest of the child with the parent's right to exercise parental authority.

If you are a grandparent who would like the right to visit your grandchildren, now is the time contact Claery & Green and speak with a Los Angeles family law attorney.

Domestic violence, also known as intimate partner violence, refers to any act of violence within the context of family or intimate relationships. It occurs when one person causes psychological or physical harm to a current or former intimate partner, and it is the leading cause of injury to women in the US.

A woman is beaten at least every fifteen seconds in the United States, but accurate information on the extent of domestic violence is difficult to obtain because a large portion of abused women do not report their attackers. Domestic violence is not contained by geographic, educational, ethnic, racial, religious, or socioeconomic bounds. It occurs in teenage relationships and same-sex relationships in addition to adult heterosexual relationships.

One in four American women will be physically assaulted or raped by a current or former intimate partner at some point in their life. In fact, women are more likely to be attacked or killed by a male partner than by any other type of assailant. There are an estimated 2 million to 4 million assaults on women by partners in the US annually.

If you are suffering abuse at the hand of your partner, contact a Los Angeles family lawyer at Claery & Green who can help.

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!

According to popular news outlet TMZ, Heidi Montag has said that she plans to file for a restraining order against her own mother.  When asked why she wanted to file a restraining order, the 23 year old told reporters, "My mom just showed up to the house unannounced … and after what she did to me on national TV, I have no desire to see her."

The drama between Heidi and her mother has been unfolding for quite some time.  Most of the arguments and conflict have been captured by the show Montag stars on, "The Hills".

TMZ claims that the police were called to Montag's residence after her mother, Darlene Egelhoff, refused to leave the property.  Montag requested assistance from her security team after her mother began pounding on her door repeatedly, which led to police being called to the Hollywood Hills residence.

Montag later told TMZ that she plans to file for a restraining order against her mother.

Are you in need of a restraining order in Los Angeles?  If so, a Los Angeles family law attorney from Calery & Green can help you.  Simply contact us today to discuss your legal needs and we will do our best to assist you.

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.  

If you find yourself in an abusive relationship there are a number of things you can do and should do. First of all, safety is of utmost concern. If you feel you are in danger of physical harm, or if you feel your children are, then this should be your first priority. There are certain characteristics that define an abusive relationship. Generally, it can be characterized by one party seeking control or power over another.

If you are in a position where you feel unsafe, you need to start creating a plan for separating. Start looking for people or groups who can help you and provide support. This may be relatives, friends, community groups, your church, or social agencies that deal with abuse situations. It is a good idea to stay away from e-mails if you fear your abusive spouse might read them and get angered.

Once you are moved away safely, the next point of action would be to file for a restraining order and speak with an attorney about divorce or legal separation. 

If you or someone you know is a victim of domestic violence, contact Claery & Green today for an appointment with a dedicated  Los Angeles family law attorney .  

It is vital to discuss important issues like finances before marriage takes place. When a couple ties the knot, they merge into one entity when it comes to financial matters, and their resources become pooled. It is important that honesty and openness is the policy here so that transparency exists. Surprises down the road are not conducive to starting the marriage off right. If you attempt or have attempted to discuss financial details with your spouse to be, and he or she becomes evasive or nebulous in response, take this as a red flag. Take the time right then to sit down and address issues like debts, assets, concerns, and so forth. It can actually fall under the category of abuse if a partner is dishonest, manipulative or negligent in this area.

A majority of divorces occur due financial problems  in the relationship. You can help pave the way for a healthy relationship by addressing the issue head on before you get married. Even prenuptial agreements can help put things in place ahead of time. For help in this area, it is wise to consult an experienced Los Angeles family law attorney to help you prepare the right documents and set things up correctly to avoid any unnecessary problems in the future. Contact Claery & Green today at 310-362-2273.

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.       

In an article written by Honorable Anne Kass, a learning experience begs to be heard. Anne Kass is a District Judge in the Second Judicial District State of New Mexico. In her eyes, the father involved in the following custody case should have been named "Father of the Year." Here is what occurred. The father involved in a custody battle happened to be a policeman and was divorced. On many occasions as part of his job, he would go out on domestic abuse calls. On one particular instance, he responded to a call where a husband and wife were in a heavy argument and the son was present, feeling quite obviously upset. The son asked the officer if he could do something to get them to just stop fighting. The officer, not knowing how else to calm the teenager, gave him his phone number and said he could call him when ever he needed a friend and upon occasion, the son did so.

One evening, the son called the officer but could not reach him. Later that same evening the officer was called to a home responding to a teenage suicide. It was the son and he left a note saying that he guessed the only way to get his parents to stop fighting was to kill himself.

The officers own court appearance for his custody case was scheduled just a few days after that event and in the words of Judge Kass, this is what happened. "He walked into the court proceeding and said, "I will agree to my son leaving New Mexico with his mother and coming back to see me during school breaks and holidays. This fight is over."

"This father gave his son the most loving and generous gift in the world. He gave his son peace. The cost of the gift to the father was enormous, not in money, but in time with his child, which is priceless and can never be replaced. If you are involved in a child custody case and need some expert help, contact a Los Angeles child custody lawyer at Claery & Green at 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.

There are specific circumstances where it's a good idea to have a prenuptial agreement set up between two people. Marriage is a firm agreement between two people but this agreement also includes financial concerns. Following are just a few reasons why a prenuptial agreement, sometimes referred to as a  "prenup" agreement would be important.

Reason #1 :If you had children from a previous marriage and you wanted to ensure they inherit the assets you accumulated before your second marriage. If you were to die without a prenuptial agreement or get divorced, your children might have to share part of this amount with your new spouse.

Reason #2: Another reason for having a prenuptial agreement would be if  you owned  a share of a family business before your current  marriage and you want to keep it in that side of the family. If you died without a prenuptial agreement or got divorced, your new spouse might share in the family business which could dramatically change the family interaction within the business.

If you are considering marriage or know someone who is, it would be worthwhile to have a legal expert draw up a prenuptial agreement if any of the above situations are factors for concern. Contact Claery & Green today at 310-362-2273 to schedule a consultation with a Los Angeles family law attorney at the firm.

                                 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!

If you are planning to get married, there are great benefits to drafting a prenuptial agreement.

Many people assume that prenuptial agreements are only for the wealthy. In reality, any person can benefit from having a prenuptial agreement on file. Filing a prenuptial agreement basically allows the parties to pre-determine how their assets and property will be divided if their marriage comes to an end. However, prenuptial agreements do more than just protect money and assets in the event of a divorce. They are also effective tools for detailing a couple’s wishes regarding how they would like child custody and visitation to be arranged, as well as regarding how and how much alimony will be paid.

At Claery & Green, we know that filing a prenuptial agreement can be a touchy subject to discuss with your fiancé. Let’s face it, the last thing you want to discuss right before getting married is what you would do if you got divorced. While this is completely understandable, trust us when we say that even though this conversation might be uncomfortable, it is an important one have. Without having a prenuptial agreement in place, your marital assets will be subject to equal distribution laws. And because California divides marital property equally, you might lose a great deal of money in the divorce or your spouse may be awarded a treasured piece of property.

Filing a prenuptial agreement is easy. Simply call Claery & Green to arrange a consultation with an experienced Los Angeles family law attorney who can customize your agreement to your particular needs and wishes, and then file the necessary paperwork with the court to ensure your agreement goes into effect.

Contact Claery & Green today for more information about prenuptial agreements!

Our clients are grappling with some of the most difficult and emotionally charged issues that they will have to confront in their lives.  For this reason, my colleagues at Claery & Green and I are committed to affording clients a sense of calmness amid naturally chaotic situations.  We are able to accomplish this through our compassion and understanding, and from the confidence that we have developed from our professional experience.  We ultimately channel our clients' emotion into a productive energy that contributes to their cause, thereby helping us to achieve superior results. 

Cliff Eisenhut
Attorney at Law, Claery & Green, LLP

Aggressive and zealous advocacy is important to me because it gives my clients a voice when they may otherwise not have one.  By being an aggressive and zealous advocate I can make sure that my client is heard loud and clear by the court.  My background in criminal and family law makes me approach every situation with a profound sense of urgency with an understanding that everything is at stake in my client's world. 


Joseph Land
Attorney at Law, Claery & Green, LLP

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