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

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!

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

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

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

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