Contact me at (855) 727-9836 in Carlsbad, CA, to consult with a personal injury law firm. Crouse Law Firm 2768 Loker Avenue W, Suite 101 Carlsbad, CA 92010 Phone: 888-688-4363 Contact Email: joshuajcrouse@gmail.com Main Keywords: personal injury, law firm, carlsbad, ca ...read more

Keith A. Davidson is an experienced San Diego & Carlsbad trial lawyer for Albertson & Davidson, LLP, who focuses his practice on Trust, Will, Estate, and Probate litigation. For over a decade, Mr. Davidson has passionately sought to help his clients resolve their legal problems and fight hard for their rights in Court. He enjoys thinking creatively to position cases for trial. His practice includes Trust, Will, Estate, and Probate litigation cases filed in Los Angeles, Orange, Riverside, San Bernardino, and San Diego counties. PRACTICE AREAS Estate & Probate Litigation Contested Wills & Trusts Litigation Trustee Breach of Duty Lititgation Abused Estate & Trust Beneficiary Litigation Civil Litigation You can contact us at: Albertson & Davidson, LLP 2175 Salk Avenue, Suite 180 Carlsbad, CA 92008 760.804.2711 phone 760.683.6496 fax keith@aldavlaw.com http://www.aldavlawcarlsbad.com SOCIAL PROFILES http://about.me/keitha.davidson http://keithadavidson.blogspot.com https://delicious.com/keitha_davidson https://www.facebook.com/aldavlawcarlsbad https://www.flickr.com/people/aldavlawcarlsbad https://plus.google.com/u/0/105674762761158937354/posts https://plus.google.com/108490324547120119767/posts http://klout.com/#/aldavlawcarlsbd http://www.linkedin.com/in/davidsonkeitha http://www.pinterest.com/aldavlawcarlsbd https://www.quora.com/Keith-A-Davidson-8 https://www.rebelmouse.com/aldavlawcarlsbad http://www.scribd.com/aldavlawcarlsbad http://www.scoop.it/u/albertson-davidson-llp-carlsbad-san-diego http://www.slideshare.net/aldavlawcarlsbad http://www.stumbleupon.com/stumbler/aldavlawcarlsbad https://twitter.com/aldavlawcarlsbd http://www.aldavlawcarlsbad.com/blog/ ...read more

Provides process services in North San Diego County and surrounding areas. North County Process Services 1901 Camino Vida Roble, Suite 110 Carlsbad, CA 92008 Phone: (760) 822-1024 Contact Person: Ken Bayus Contact Email: ken@northcountyprocessservices.com Website: http://northcountyprocessservices.com/ You Tube URL: http://www.youtube.com/watch?v=gg6IU8h_LM4 Main Keywords: process service,process serving,process server,process servers,skip tracing,legal support services ...read more

Legal Objective, a Southern California law firm, announces plans to host free foreclosure workshops for the community at their central office in Carlsbad, California. FOR IMMEDIATE RELEASE PR Log (Press Release) – Mar 25, 2010 – Legal Objective, a San Diego based law firm, is proud to offer clients sound legal advice and representation in a multitude of practice areas. Homeowners are often uncertain about proceeding in a legal matter. Putting one's trust in an attorney is a daunting and delicate task. To ease concerns and promote community education, Legal Objective announces plans to host a series of free foreclosure workshops on Tuesday nights from 6:00PM to 7:30PM. Legal Objective attorneys will address a variety of issues including outlining the foreclosure procedure, examining the amount of money that will be owed after a foreclosure, and discussing a consumer perspective of anti-deficiency laws. Registrants will understand the costs and benefits of loan modifications, shorts sales, bankruptcy and litigation. In addition to free foreclosure workshops, Legal Objective hosts free bankruptcy workshops on Wednesday nights at their Carlsbad location. To register, please visit www.legalobjective.com or call 760-431-2200. # # # &business; ...read more

 In response to high consumer demand, Legal Objective announces a new title to the Legal Objective Video Series. In What Are My Options If I Can't Afford My Mortgage Payment, attorney Chris McLaughlin discusses five viable options. The following informational video is not legal advice and should not be used as such. First time viewers who have not yet determined if a lender has recourse against the consumer, should watch the video titled, Will I Owe Money After a Foreclosure in California. Five options Legal Objective discuss include stay in the home, strategize with legal counsel, plan on moving with a qualified short sale agency, consult with a bankruptcy attorney, and finally, utilize a combination of tactics. Further insight includes a frank discussion about loan modifications and approaching a lender.  To learn more about loan modifications, please read the article, "The Affordable Truth: Examining the Cost of Home Loan Modifications." ...read more

Jonathan Swift, "The Run Upon The Bankers" A baited banker thus desponds, From his own hand foresees his fall, They have his soul, who have his bonds; 'Tis like the writing on the wall.     Can American homeowners afford the truth? Loan modifications arrived with a silver lining, the nation's buzzword of hope, only to quickly dissipate. The emerging facts of loan modification services attest to their failure, and the truth is revealed through the countless stories of struggling homeowners. The pretense of some home loan modification programs veil a gluttonous reality of deceptive tactics.   The subsequent letter is the personal correspondence from the mother of a Legal Objective attorney, a resident, to the Senior Vice President of Bank of America. She chronicles her experience of joining the BAC modification program through which she was placed on a trial period, lowering her monthly mortgage payment from$3,262.00 to$2,312.60. Afterbeing engaged in what was titled a three month trial periodfor almost eight months, she recently received her permanent modification in the amount of $2,988.56. The permanent modification is a mere $273.44 less than the original amount and $675.96 more than the trial amount. This loan modification finalized after almost eighteen months, relentless paperwork, unresponsive bank representatives, and considerable angst.   At what cost? $41,555.00, the cost of the loan modification tacked on to the principle for 3party fees and interest. Aside from the incomprehensible amount accrued, the lender's failure to disclose this possibility is the most egregious ruse. The final decision is only on the primary loan; Bank of America also services the second mortgage which is now under review for modification. The Bank of America Home Affordable Modification website states, "Dealing with the possibility of not being able to make your home loan payments is already difficult. Unfortunately, scam artists often try to take advantage of homeowners."[1]Well said, Bank of America, the writing is on the wall.       Mr. Ken Scheler Senior Vice President BAC Home Loans Servicing, LP January 27, 2010   Dear Mr. Scheler,   After waiting for many months (my 3 month trial period became a 7 month test of nerves), and sending in many multiples of documents, endless phone calls etc., my husband and I have finally received our permanent  ‘HomeAffordableModification Agreement'.   Up to this point we have been paying $2,312.60 per month….. With some difficulty, but it is a payment we are able to live with.  Now, after painfully languishing in ‘the process' for so many months, we have been given a monthly figure of$2,988.56!  That is$675.96a monthmorethan what we were able to barely pay before!  Not only that, we are given only 5 business days to find that $675.96 extra that has been added to the more reasonable $2,312.60 figure!  I'd like you (whoever ‘You' are) to explain to me, how is that supposed to happen in this economy?  How and where are we going to find that amount of money in 5 days?  If you check back through themountainsof paperwork we've sent you, you will see that my husband is on 100% commission for his pay (we had to send papers verifying that to you).  Do you have any idea what it's like to have a $200.00 paycheck two weeks in a row and a sudden $675.96 a month jump in"affordable"mortgage payments due in just several working days?????    This whole process has been an extremely painful one and, it seems the pain continues!  The one person out of the multitude that I have spoken with that was worth speaking to has been [name redacted] in the office.  She has been helpful, responsive, professional and compassionate and did what she could to help us through this agonizing process. Wouldn't it  have been  decent of you to let us know ahead of timethat you were adding over$41,555.00to our already bloated principal for interest and third party services etc.?????  Wouldn't it also be decent of you to give us a month's notice so that we can have time to perhaps have a lawyer translate the loan document to us in terms that we can understand before we sign?  Wouldn't it be a decent business practice to give us a month's notice so that we might be able to come up with the unexpected extra $675.96 that's been added to our monthly payment?    Most importantly, would it not be decent to have someone that is knowledgeable and/or responsible for crunching these numbers available for us to speak with?  The phone number you give for ‘help' with questions is to the HOPE people who know nothing, can do nothing and can change nothing.  Where's the ‘help' in that?  My question to you is this: Where does the word AFFORDABLE fit in with your home loan modification program???   What kind of ‘affordable' help has your Modification given me when my original mortgage payment was $3,262.00 a month and your big deal modification monthly payment in only $273.44 less than that?  AND in six years your big deal modification is only $90.00 less than my original payment?   So my monthly payment now will be $2,988.56 and in 6 years it will be $3,172.28.  We have spent almost 8 months on this for you to come up with a mere $273.44 difference?   I could skip some groceries, clip a few more coupons and save more money than that!  My husband's gasoline bill driving to work is more than that!  If you were able to see $2,312.60 a month for the last 7 months as reasonable, then what is the problem with keeping that figure and adding a few years on to the end of the length of our mortgage?  Isn't the point of all of this to make our monthly paymentAFFORDABLE? I know that as a bank, you get $1,500 for each sign up (despite if they make it to the end of the process or not).  I see that you can add huge amounts onto the principle without ever indicating that will happen.  I know that the government matches dollar for dollar in what you reduce payments by.  So you will, in the end, make money on this ‘process'.   By adding some years to the end of our loan time, you'll also make more interest in the long term.  You're a business.  You make money.  You charge us every which-way you can.  So why can't you actually make my"AffordableHome Loan Modification" …AFFORDABLE?   I'd appreciate an immediate response since you haven't given me much time.   Sincerely, [Name Redacted]   [1]http://homeloanhelp.bankofamerica.com/en/avoiding-scams.html ...read more

FORECLOSURE PREVENTION AND REAL ESTATE DEBT RELIEF LAW FOR ATTORNEYSℜ ESTATE PROFESSIONALS Presented by UC Davis School of Law King Hall Real Estate Law Students Association Saturday, November 14, 2009 - 9:00a.m. - 4:30p.m. Attorneys earn 5 General &1 Legal Ethics MCLE! Legal Objective's highly praised seminar is coming to Northern California! Don't miss your chance to attend what other attorneys have described as, "excellent, informative, and comprehensive." "As an experienced attorney in a number of areas including bankruptcy, I appreciated your seminar because it provided a different and well thought out view of certain subjects that I had not considered previously. I would be more than willing to participate in any future seminars." -San Diego Attorney "This was one of the most interesting MCLE seminars I've yet attended. Please keep me on your mailing list for future seminars." - Orange County Attorney _____________________________________________________________________________________________ Featuring:  Christian McLaughlin, Esq.; and Donald Rez, Esq. Also featuring Andrew Lehman, President of Certified Forensic Loan Auditors, LLC and Anne-Marie Dinius, Esq. _____________________________________________________________________________________________The goal of this program is to prepare real estate professionals and attorneys to help distressed property owners, especially homeowners. You will gain a coveted advantage by learning from top real estate legal advisors. Hear the latest techniques concerning strategies relating to foreclosures, loan modifications, short sales, and litigation. According to one study of 5600 loans, 83% contained violations of the law. This program will present an overview of the most current laws including securitization, TILA, RESPA, HOEPA, FDCPA, ECOA, the latest changes to the California Law, and ethical issues. As a bonus, you will hear an update on the current state of the real estate market in California. Don't miss your opportunity to learn about this cutting-edge and compelling legal practice. DON'T WAIT! REGISTER NOW OR CALL TO BOOK YOUR SEATS: 1-760-431-2200 UC Davis Law Alum: Please call for discount code For more information visit www.legalobjective.com; please direct questions to seminars@legalobjective.com Legal Objective 732 N. Coast Hwy. 101, Ste. B Encinitas, CA 92024 760-431-2200 ...read more

Disclaimer:  The following information is for educational purposes only and does not contain legal advise.  Consult an attorney regarding your individual circumstances before relying on general information found on the internet! It has been estimated that more than one half of all first marriages end in divorce; the number of failed marriages is even higher for second marriages. One major issue in most divorces is the division of property. Commonly, a large portion of the marital assets consist of rights in or payments from one or more pension plans.   Pension Plans and ERISA Divorce and division of property are generally controlled by state law. However, when state law contradicts or is inconsistent with federal law, the federal law "preempts" the state law; federal law controls the outcome. In 1984, Congress passed the Employee Retirement Income Security Act (ERISA), which governs most private pension plans (government and some other plans are not covered).   Federal law prohibits the assignment of pension benefits in ERISA plans. This appeared to include transfers to a spouse during divorce, regardless of a state court decision on division. To remedy this, the Retirement Equity Act of 1984 (REA) established an exception to the rule through use of a "QDRO."   Qualified Domestic Relations Orders (QDRO) and Pension Plans Often in a divorce, the state court will issue a domestic relations order (DRO) or other judgment dividing the marital property. If the division of an ERISA pension plan interest is part of the order, however, a QDRO must be prepared and signed by the court (or sometimes another entity – especially in the case of child support) to ensure that the order will actually be enforceable and recognized by the plan administrator, and the division will not lead to unwanted tax consequences.   A QDRO creates or recognizes an "alternate payee's" right to receive all or a portion of the plan benefits, or actually assigns that right to the alternate payee. An "alternate payee" may only be a spouse, former spouse, child, or other dependent of the plan participant.   Types of Retirement Plans Whether a pension plan is divisible as a marital asset depends on local law and the terms of the plan itself. Defined benefit plans, defined contribution plans and IRAs are all subject to division in a divorce: Defined Benefit Plan: Usually a retirement plan through an employer where the employee becomes entitled to receive a defined sum after being employed for a specified number of years ("vested"). The actual amount paid after retirement is usually based upon salary and years of service at the time of retirement. Such plans are more difficult to split, as the current worth of such a plan is difficult to calculate. Defined Contribution Plan: Typically a savings, 401(k) type or profit sharing plan through an employer. Such plans are easier to divide, as the current value is usually obvious. QDRO Form ERISA, as amended by REA, defines a DRO as a judgment, decree or order which both: Relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child or other dependent of an ERISA plan participant; and Is made pursuant to a state domestic relations law, including community property if the state recognizes community property law. ERISA requires that, to be effective, a QDRO must be a judgment, decree, or order of a court that meets the above requirements and contains the following information: The name and last known addresses of the plan participant and each alternate payee; The name of each plan to which the QDRO applies; The dollar amount or percentage (or method for determining the dollar amount or percentage) of the benefit to be paid to each alternate payee; and The number of payments or period of time to which the QDRO applies. Provisions That a QDRO Must Not Contain Payment of any benefit or any payment option to the alternate payee that is not authorized by the ERISA plan Payment of increased benefits, determined based on actuarial value Payments to an alternate payee that are already designated for another alternate payee in an earlier QDRO QDRO Process ERISA plans must establish a reasonable, written procedure for evaluating a QDRO and often provide a guide for what is necessary and acceptable. Some even provide a model QDRO form. The plan administrator must approve the QDRO before it becomes effective.    The QDRO may first be submitted to the court for approval and signing, but most seek prior approval by the plan administrator, to save the effort and expense of having to go back to the court to obtain another QDRO, if the plan administrator rejects it. The plan administrator is obligated to give explanations for any rejection; no fee may be charged for considering the QDRO. The plan administrator's rejection may also be appealable in federal court.   After the QDRO has been accepted by the plan administrator and approved and signed by the court, it becomes enforceable in federal court by the alternate payee. ...read more

Most divorces involve a division of property between the spouses. If there are children from the marriage, the parent not granted custody usually must pay monthly child support. In addition, one of the spouses may be granted monthly spousal support or spousal support. The resulting tax implications differ, depending on whether such payments are characterized as child support or spousal support.   In general, for federal income tax purposes, Spousal Support (commonly known as “alimony”) or Family Support is "deductible" from the income of the paying spouse and is includable in the taxable income of the recipient spouse. Child support is treated exactly the opposite: it is not deductible by the payor and is not included in the income of the recipient spouse. Property settlement transfers between spouses in a divorce are usually not taxable events.   Mischaracterization of Payments as Spousal Support Since amounts paid as spousal support are deductible from income by the one paying, there is an incentive to maximize the amount of payments deemed spousal support, as opposed to nondeductible property distributions and child support payments. The recipient spouse may be in a much lower taxable bracket and agree to the plan. However, the IRS objects to attempts to mischaracterize child support or property divisions as spousal support, because of the tax effects.   Characterization of Payments as Family Support Frequently a court will give the payor a tax break by ordering an undifferentiated payment of child and spousal support termed “Family Support.” The total amount paid is generally higher than the total would be under guidelines because the tax consequences are used in the calculation of the support figure. More money is available for the support of the family when the higher income earner can take more tax deductions. This is usually a temporary order, an interim order that becomes superseded at the time the dissolution of marriage is final with child support and spousal supports being broken out separately in the judgment. Family support is treated like spousal support for tax purposes being taxable to the recipient and deductible for the payor..   The Spousal Support "Recapture" Rule Federal tax laws list requirements that must be met for payments to be considered spousal support. However, even when these requirements are met, it is possible that the spousal support payments will be subject to "recapture" for income tax purposes. Spousal support payments that decrease or terminate during the first three calendar years may be subject to recapture, which means that the payor spouse may have to include as income in the third year a portion of payments deducted as "spousal support" during the first years.   The three-year period starts with the first payment of spousal support under a decree of divorce or separate maintenance, or a written separation agreement. The second and third years are the next calendar years, whether or not spousal support payments are made during these years. Only spousal support paid in the first two years that is considered "excess spousal support" is subject to recapture; these provisions do not apply after the third year.   Application of the Spousal Support Recapture Rule The recapture rule may be applied to require the payor spouse to include as income "excess spousal support," calculated as follows:   The amount by which the spousal support paid in the second year exceeds the amount paid in the third year by more than $15,000 The amount by which spousal support in the first year exceeds the average of spousal support paid in the second and third years – this average must be calculated by adding the spousal support in the second year (reduced by the excess payment for the second year, as calculated above), the amount of spousal support in the third year, plus $15,000, and dividing by two The recapture rules are complex, and the calculation is commonly done by an accountant (hopefully before the divorce decree). Such rules are best illustrated through an example:   A divorce decree requires spousal support payments by the husband of $50,000 the first year, $40,000 the second year and $20,000 thereafter for ten years. The payment in year two exceeds the payment in year three by $20,000, so under the rule, $5,000 of it is "excess spousal support." The average of the second and third years, calculated as set forth above, would be ($40,000 - $5,000) + $20,000 + $15,000 = $70,000 divided by two = $35,000. The "excess spousal support" paid in year one is thus $5,000. The total excess spousal support is $10,000, which must be added to the payor spouse's income in year three.   Exceptions to the Recapture Rule The following are not included for purposes of calculating "excess spousal support:"   Payments that cease due to the death or remarriage of a spouse during the initial three-year period Payments made under a temporary support order Payments for a period of at least three years made pursuant to a continuing liability to pay a fixed portion of income from a business or property, or from compensation for employment or self-employment Disclaimer:  The above information is for educational purposes only and does not contain legal advise.  Consult an attorney regarding your individual circumstances before relying on general information found on the internet! ...read more

Generally, a couple who divorces or legally separates must make a determination regarding the physical and legal custody of their children and visitation rights, either by mutual agreement or court order. When an established child custody arrangement no longer works or is no longer desired, one or both parents may seek to modify custody. Where a parent is seeking to modify custody through the courts, the parent must generally be able to show that there has been a substantial change in conditions which warrants the modification.   Types of Custody Upon divorce or legal separation, parents may either mutually agree on or a court may order an arrangement of custody for the former spouses' children. Custody may be legal, physical or some combination of both. Legal custody authorizes one or both parents to make important decisions about the child's upbringing. Physical custody is the right of one or both parents to have the child live with them. The parent with most time with the child per year, physical custody, is called the custodial parent, and the noncustodial parent is almost always provided with visitation rights. This arrangement is called the “parenting plan.”   Modification of Custody Sometimes former spouses may wish to modify the terms of a child custody arrangement previously issued in their final decree of divorce or legal separation. The parents may modify the custody agreement with or without court approval, but without court approval, the new agreement may not be as reliable or enforceable. In issuing a modification of a child custody order, a court will almost always grant a mutually agreed upon modification. In a contested case, where only one parent seeks to modify custody or visitation, courts must consider what would be in the best interest of the child.   Changed Circumstances In general, the state court which issued the original custody and visitation agreement has the authority to restrict, deny or otherwise modify the terms of the agreement. When one parent wishes to change an existing court ordered custody arrangement, they must show that there has been a substantial change in circumstances since the order and that they can provide a better environment for the child. "Substantially changed circumstances" might include: Significant changes in the lifestyle of one parent A destabilized household Changes in geographic locations The child's preference to live with noncustodial parent Requiring proof of a substantial change in circumstances since the custody award was issued helps to ensure the stability of custody agreements by preventing frequent and repeated modification requests. Changes in Lifestyle Generally, a substantial change in the lifestyle of one of the parents may justify a modification in custody and visitation arrangements. This becomes especially true where such a change in lifestyle threatens to or actually harms the child in some way. For example, if the custodial parent takes on a new night job that requires them to leave their young child at home alone, the noncustodial parent may wish to modify custody. Or, if the noncustodial parent begins abusing alcohol or drugs, the custodial parent may wish to petition the court to modify or eliminate the noncustodial parent's visitation rights.   Destabilization of the Household Where an event occurs in the household of one parent that disrupts the stability of the home for a child, the other parent may seek a modification of custody or visitation. Examples of such devastating events might include the arrest of the parent for a violent crime, death of the parent, abandonment of the child or an allegation of sexual abuse by the parent. A modification might be granted where the noncustodial parent can prove that the custodial parent's household has become destabilized since the original custody or visitation order was issued.   Geographic Moves Typically, the relocation of a custodial parent will constitute a change in circumstances substantial enough to merit a custody modification if the move is of a significant distance. The purpose of such a modification is to accommodate the needs and visitation rights of the noncustodial parent. This may be done by switching or alternating custody between the parents or by requiring the relocating parent to pay for visitation with the noncustodian. In some cases, a court may forbid the removal of the child from the state without first giving written notice to the noncustodial parent, thus giving them the opportunity to contest or modify the custody agreement. A motion to prevent the move-away would need to be filed quickly to maintain the status quo until the court evaluates the merits.   Child Preference In some instances, where a child develops a preference to live with their noncustodial parent, a court may grant deference to their request and modify the custody order. Typically, to consider a child's preference, the child must be "older" (e.g., 12 or above) and the child's reasoning must be sound (i.e., not the result of bribery by the noncustodian or because the noncustodial parent would be less disciplinary). In addition, a child's preference is most often only considered as one factor in most states in deciding whether to petition for a modification of the custody agreement.   Temporary Custody Modifications A custody modification may also be sought for a temporary change in circumstances. For example, if a custodial parent is going to be out of the state temporarily or if they become seriously ill or injured, a court may issue a temporary modification of their custody. In such a case, the original custody arrangements may be restored when circumstances return to normal.   Always consult a lawyer regarding the specifics of  your own case. ...read more

When you had your child or children your life changed from being focused on yourself to suddenly having to consider how all your life choices would impact the kids. That is the way it should be. What is in the child's best interest should always be a parent's top priority especially when considering divorce. The first thing you should know is our adversarial legal system is not child focused or family friendly. The emotional and financial price you pay when you each hire separate divorce lawyers is higher than you can now imagine.Before I became a divorce attorney I was a special education teacher. My Masters is in Special Education, focusing on teaching severely emotionally disturbed children, so I came to the law with a powerful bias to act only in the best interest of the children. The 2nd important fact to know is how comfortable so many divorce lawyers are in spending their client's college fund instead of quickly and economically helping the couple to negotiate a fair deal. After 8 years of litigation and witnessing the total financial and emotional devastation of too many families I vowed to no longer take adversarial divorces and to do only divorce mediation. In the following 3 years, after working with over 150 couples with 100% success rate, I am convinced that divorce mediation should be the solution of first resort for 85% of the couples who are contemplating divorce. So the 3rd thing you need to know is there is an alternative to divorce court, mediation.It is easier to deal with a situation when basic information is already known. In the 8 community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) property division is pretty clear. What ever was totally owned prior to marriage or received by gift or inheritance is separate property that goes to the spouse who owns it. If it was partially paid for using wages or income earned during the marriage, the "community" gains an interest in it that can be calculated. Division of property in community property states is one of the easiest issues to deal with because it is so clear cut. But what about the other 42 states? These states use an equitable distribution system to divide marital property. Each state has its own rules that can be ascertained prior to starting the divorce process. So there is some uncertainty in non community property states but an experienced lawyer/mediator generally knows what the court will do in most situations and can be a valuable guide to couples who are unfamiliar with the laws. The 4th thing to keep in mind is that there is no point in fighting over property division. You can protect your co-parenting relationship and end up with more property if you divide everything the way a neutral 3rd party (mediator) suggests.In litigated divorce cases, child custody and visitation issues can be the most contentious and emotional. If the parents can agree to a custody arrangement, which they eventually do in 90% of custody cases, they can avoid court altogether. Why should a couple wait until they are on the courthouse steps to make a deal? Only 10% of custody cases are litigated. A couple could always seek the services of a child therapist to advise them instead of going to court. The courts typically apply a "best interest of the child" standard in determining who should get primary custody. Wouldn't the parents themselves be in the best position to decide how their children should be raised? When a couple works together in mediation they are in control of the final outcome, not lawyers or judges. When the couple has an intention to effectively co-parent by always keeping the best interest of the child foremost in their mind, they will produce a much more satisfying outcome than if a solution is imposed upon them from above. Child custody issues are the most inappropriate issues to be decided within an adversarial system. The win/lose game that is played in court always results in tension between the parents. Not only will this tension negatively affect the health and happiness of the parents but the children will be caught in the middle of a battle, ducking verbal and emotional bullets as they fly over their heads. The adversarial system does not protect the co-parenting relationship of parents and should be avoided if at all possible. An emotionally vulnerable client in the hands of a "zealous advocate" who is more concerned with enriching themselves than in helping their client is a dangerous combination. The last thing to keep in mind is that avoiding divorce attorneys and court should be the #1 priority if you want to protect your health, spirit, co-parenting relationship and pocketbook. ...read more

When you had your child or children your life changed from being focused on yourself to suddenly having to consider how all your life choices would impact the kids. That is the way it should be. What is in the child's best interest should always be a parent's top priority especially when considering divorce. The first thing you should know is our adversarial legal system is not child focused or family friendly. The emotional and financial price you pay when you each hire separate divorce lawyers is higher than you can now imagine.Before I became a divorce attorney I was a special education teacher. I have a Masters is in Special Education, focusing on teaching severely emotionally disturbed children, so I came to the law with a powerful bias to act only in the best interest of the children. The 2nd important fact to know is how comfortable so many divorce lawyers are in spending their client's college fund instead of quickly and economically helping the couple to negotiate a fair deal. After 8 years of litigation and witnessing the total financial and emotional devastation of too many families I vowed to no longer take adversarial divorces and to do only divorce mediation. In the following 3 years, after working with over 150 couples with 100% success rate, I am convinced that divorce mediation should be the solution of first resort for 85% of the couples who are contemplating divorce. So the 3rd thing you need to know is there is an alternative to divorce court, mediation. It is easier to deal with a situation when basic information is already known. In the 8 community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) property division is pretty clear. What ever was totally owned prior to marriage or received by gift or inheritance is separate property that goes to the spouse who owns it. If it was partially paid for using wages or income earned during the marriage, the "community" gains an interest in it that can be calculated. Division of property in community property states is one of the easiest issues to deal with because it is so clear cut. So what happens in the other 42 states? These states use an equitable distribution system to divide marital property. Each state has its own rules that can be ascertained prior to starting the divorce process. So there is some uncertainty in non community property states but an experienced lawyer/mediator generally knows what the court will do in most situations and can be a valuable guide to couples who are unfamiliar with the laws. The 4th thing to keep in mind is that there is no point in fighting over property division. You can protect your co-parenting relationship and end up with more property if you divide everything the way a neutral 3rd party (mediator) suggests.Child custody and visitation issues can be the most contentious and emotional issues In litigated divorce cases,. If the parents can agree to a custody arrangement, which they eventually do in 90% of custody cases, they can avoid court altogether. Why should a couple wait until they are on the courthouse steps to make a deal? Only 10% of custody cases are litigated. Instead of going to court a couple could always seek the services of a child therapist to advise them on contested issues. The courts typically apply a "best interest of the child" standard in determining who should get primary custody. Wouldn't the parents themselves be in the best position to decide how their children should be raised? When a couple works together in mediation they are in control of the final outcome, not lawyers or judges. When the couple has an intention to effectively co-parent by always keeping the best interest of the child foremost in their mind, they will produce a much more satisfying outcome than if a solution is imposed upon them from above. Child custody issues are the most inappropriate issues to be decided within an adversarial system. The win/lose game that is played in court always results in tension between the parents. Not only will this tension negatively affect the health and happiness of the parents but the children will be caught in the middle of a battle, ducking verbal and emotional bullets as they fly over their heads. The adversarial system does not protect the co-parenting relationship of parents and should be avoided if at all possible. An emotionally vulnerable client in the hands of a "zealous advocate" who is more concerned with enriching themselves than in helping their client is a dangerous combination. The last thing to keep in mind is that avoiding divorce attorneys and court should be the #1 priority if you want to protect your health, spirit, co-parenting relationship and pocketbook. ...read more

We've just published a new edition of our newsletter! You can check it out on our website and get the latest information from Law Office of B.E. Rachman and Divorce In A Day Mediation. Let us know what you think! Read It Now Here ...read more

If you are like 70% of the population, you don’t have a current will even though 100% of us are going to need one. High profile cases such as Smith and Shivo are good reminders why it is so vital to have a current will that says who you would want to raise your children and what kind of medical care you want if you can no longer communicate your wishes. There is NO reason to create the kind of drama, fighting and expense that we have seen in these two unfortunate situations. The simple solution is to have a will and health care directive. It is the last love letter you leave your family. When I was in law school I was horrified to read all the cases about parents who died in accidents, leaving behind minor children but no directions as to who was to raise them. What almost always happens is that there will be a custody battle between the grandparents which result in such hard feelings that the “winner” cuts the “losing” side of the family out of the children’s lives. Imagine being an orphan and now you have lost your grandmother, grandfather, aunts, uncles and cousins on one whole side of the family. If you think about nasty custody battles in divorce cases you can imagine what happens when parents die without a current will. Imagine losing a child and the ONLY connection you have to your dead child is your grandchildren. Each side of the family wants custody and if you don’t have a will the only way custody will be settled is in court. TOTALLY UNNECESSARY!!! As a family law attorney I have seen some really ugly divorces. The LAST thing either side wants is to leave everything they own to their ex but that is what happens when a divorced parent dies. The minor children will not be able to take the life insurance policy, business, house or 1968 Camaro so it follows the child to the surviving parent who gets custody of the children and complete control over the dead parents estate. Wouldn’t you rather have a trusted family member in charge of doling out your money to the children as they need it? I know what you are saying, “I have other more pressing things to spend money on than hiring a lawyer to do my will. I will get around to it later.” I can appreciate not wanting to spend $500 on a will (Consumer Reports says the national average is $500 for a will). So how about an easy solution that will cost a lot less than $500 and give you and your spouse your own wills and updates each year, access to lawyers 24 hours a day, whenever you need one for any reason. From now on when you have a legal question you will have a toll free number for unlimited free consultations. If the lawyer thinks a phone call or letter will solve your problem, they will do that at no extra charge. You will fax them everything BEFORE you sign important documents so YOUR lawyer is protecting your interests. You will have lawyers to represent you for defensible moving violations in and outside of California and if you have teenage drivers, or drive like a teenager yourself, you will want the protection of having a complete defense should you or any family member be changed with vehicular manslaughter or negligent homicide (think of the old man in Santa Monica who ran over those 10 people in the farmer’s market or singer Brandy who just killed someone). As long as there are no drug or alcohol allegations, you have a free defense. NO car insurance covers criminal defense if someone dies in a car accident. You have prepaid hours if you are sued, 50 hours of tax attorney time if you are audited, 25% off attorney fees for uncovered matters and nighttime and weekend emergency access to attorneys within 3 rings, again on a toll free number. What is this amazing thing? Pre Paid Legal insurance. When I saw it I immediately bought it for my family and so can you. For less than a bottle of water a day, you and your family will have the kind of security and peace of mind that has only been available to the wealthy. If you have minor children and no will, act now! Go to www.prepaidlegal.com/hub/brachman ...read more