When the marital relationship can no longer be continued, Fred can assist clients in handling the divorce proceedings. Included among the areas covered in divorce negotiation and litigation are:
- Child Custody and Visitation Arrangements.
- Child Support Proceedings (both temporary and permanent)
- Spousal Support Proceedings (both temporary and permanent)
- Division of Assets and Liabilities
Mark and Susan 's marriage was over. They had been living apart for three months. They had one child together, Annie. Mark had been very involved with Annie as she was growing up, but knew how attached she was to her mother. Mark always had concerns over Susan's ability to parent their daughter. Knowing that the marriage was at an end, and having observed how Susan treated Annie during the past three months, Mark did not feel he could allow the situation to continue. Susan was very angry with Mark and attempted at every possible moment to interfere with his relationship with Annie. When Mark told Susan he was filing for divorce, she told him that she would be leaving the area, taking Annie with her. She could give no further details. As a result, Fred filed an emergency application with the divorce papers. Mark received temporary custody of Annie. This situation lasted for nearly a year, and Annie did well under it. Mark was awarded primary physical custody of Annie, and Susan had reasonable visitation under certain restrictions to insure that she would not flee with the child. Susan also underwent therapy and was better able to control her contemptuous feelings for Mark.
Dissolution of Marriage Mediation. An ever-growing trend in the area of family law, individuals are now willing to place their trust in the hands of a qualified mediator who can assist them in terminating their marital relationship without protracted and expensive litigation. As an attorney who has been handling mediation for many years, Fred can assist clients in this process in a non-adversarial manner. Oftentimes mediation is a speedy way of handling the marital termination and its attendant complications, in which both parties leave the situation in a satisfied manner.
Paul and Karen were married for several years. Paul worked in the entertainment industry as a producer and had been very successful. Karen started her own graphics design business which seemed to be growing. Although they had tried to keep the marriage together for some time while undergoing therapy it appeared that they simply could not resolve their differences. At the same time, each of them was willing to try and resolve the issues resulting from the impending divorce. Their therapist referred them to Fred, who agreed to act as a mediator. On several occasions, they met with Fred who discussed the issues, relevant law, and various solutions. After a few sessions, the parties were able to completely resolve the issues, and came to an equitable division of property and support arrangement. After review by independent lawyers, the agreement which Fred had prepared was signed by both parties. A divorce judgment was entered incorporating the terms of the agreement. Paul and Karen are now divorced, each is satisfied with what he or she received, and they have remained friends.
Post-Dissolution Services - After the initial divorce proceedings have ended.
- Modifications of Custody Decrees
- Modifications of Child Support
Click for Case Example - Modifications of Spousal Support
Click for Case Example - Further Property Division - At times, the divorce judgment may not have dealt with all of the assets of the parties and their subsequent tax implications because they are not known at the time. In these cases, it may be necessary to reinstitute litigation or mediation in order to resolve these issues.
Asset Protection for individuals about to enter into a marriage, or those in a cohabitation situation. In order to preserve that which one has worked so hard to acquire, it can be essential for certain individuals to have written agreements with either a future spouse, or cohabitant, in order to insure that assets are not diminished.
After spending the majority of his adult life building his manufacturing business, Steven had acquired a substantial estate which included significant amounts of cash, two homes, and various investments with a value well in excess of $5 million. Steven had three adult children from his first marriage, and was living with Angela, 15 years his junior. Both parties were contemplating marriage, but Steven was concerned that his property would not remain intact for his children should the marriage fail, or were he to predecease Angela. Angela, although she had her own property, had not worked since the two began living together. In order to avoid any type of a "palimony" claim, and to preserve the majority of his estate for the children, Fred drafted an agreement which provided that Angela would not make any palimony claims against Steven. She would receive a fair allowance in the event of marriage, but would not have any claims against the bulk of Steven's property.
Asset and Liability negotiation for individuals who are married, and do not intend to separate. The California Family Law Act provides that parties involved in a marriage can contractually negotiate their rights and obligations vis-à-vis one another during the course of the marriage. Frequently, such agreements can alleviate the stress over finances that can result in the breakdown of a marriage.
Ruth and Philip were married for 15 years. Philip viewed himself as an entrepreneur, although Ruth considered him to be a "wheeler-dealer". Their financial fortunes had peaks and valleys over the years. Ruth truly loved Philip, but saw that he was very secretive about his business dealings. She did not want to lose what property the two of them now had, so Fred prepared a marital property agreement which allocated the interests in certain items between the two of them. The agreement required that Philip indemnify her against certain business liabilities for which he may have become obligated. Additionally, Ruth received various assets which she could handle as she pleased. With Ruth now feeling financially more secure, and Philip feeling more comfortable because Ruth was not as concerned about his entrepreneurial activities, the parties were able to resume their relationship.
Legal Separation Counseling and Litigation Services There are times when it may be in an individual's best interests to separate, but not divorce. During these situations Fred can assist clients in advising them about appropriate financial arrangements, their implementation, and the value of litigation.
Neil and Nancy were married for over 45 years. In that time, They had accumulated a sizable estate through the garment manufacturing company that they owned. During the past several years, Neil's health had deteriorated and he had not worked. The parties were living off their prior accumulations. They had emotionally drifted apart. Nancy consulted with Fred, who analyzed the financial situation. Had the parties divorced, their standards of living would have diminished. The remaining assets, had they been divided, were not sufficient to support both people. This, coupled with the fact that neither could buy the other out of the large home they had shared, nor could they afford the tax consequences of selling the house, made a legal separation the appropriate decision. The parties lived their separate lives, but did not diminish their estate. Furthermore, each party desired to leave whatever property they had acquired to the survivor and the legal separation judgment allowed them to do just that.
In our ever more mobile society, it is unfortunate, but not uncommon that a disgruntled spouse will take a child to another city, state, or even country without the knowledge of the custodial parent. Such situations can be emotionally devastating to a parent, the child's siblings left behind, and of course, the child who was abducted. These situations require the use of an attorney who is not only knowledgeable about the subject matter, but also familiar with the procedures involved in regaining custody of a child. Although federal and international laws have been designed to assist parents in regaining their children, unfortunately they are not adhered to by many jurisdictions. At these times, it is helpful to find an attorney who can arrange for legal assistance in the local jurisdiction or the use of private investigators if need be. Fred and his staff can be invaluable in helping a parent regain custody of a child who has been taken out of the jurisdiction.
Sunny and Roger had two boys. They had been divorced for 10 years, and Sunny had custody of the boys, with Roger having visitation. The eldest son had gone to see Roger for the weekend, but did not return. Initially he told his mother he wanted to spend some extended time with his father, and he now being 14 years old, she reluctantly agreed. Unbeknownst to her at the time, Roger was planning to move across the country. Without any advance notice, Roger took the eldest child out of the state. Just before departing, the boy left a message with his mother saying that he was leaving for South Carolina and would call again at some point in the future. Frantic, Sunny contacted Fred. They began looking for the child and ultimately found him in a small town. Fred petitioned the local court for orders requiring the child's return which were granted. Sunny left California with the assistance of a professional recommended by Fred. She encountered difficulty in South Carolina and local counsel was brought in to assist. Ultimately, Sunny and her child returned to California
Marie's husband, who had grown children of his own, passed away after a lengthy illness. Marie had always wanted a child, but her husband had not. She felt she had unique qualities to offer a child, especially since she was interested in a child that others may not have wanted - one of a different race or having special needs. Although Marie had the qualities of being an excellent parent, she was a bit older than most first time parents, and she was single. These factors made it extremely difficult to find an appropriate match. After searching for months, one of Fred's contacts notified him of the availability of a child who fit Marie's desires, but who had just been born in another state. Fred arranged for Marie to meet the baby, which she did. Fred then, in concert with his contacts in that state, arranged for Marie to obtain legal permission to bring the child to California where the adoption process was supervised by a local social work agency. Six months after Marie brought her son back to Los Angeles, the adoption was finalized and mother and son are now doing fine.
Mark and Paula had been divorced for ten years. When they first separated, their daughter Julie was one year old. Mark had since remarried, and now had three other daughters. Paula had remarried and was now divorcing once again. During this period of time, Paula had primary custody of Julie. Julie would visit at her father's house every other weekend , during summers and holidays. Julie's performance in school began to decline and Paula was frequently away from the house. Paula was arrested for shoplifting. If was later uncovered that she had a substance abuse problem. Mark felt it was no longer in Julie's best interests to remain living with her mother. Fred moved far a change in custody which was granted.
Fred was representing Dean in a divorce which involved the custody of his 5 year old son, Greg. In the process of the divorce, Fred obtained an order for equal custody of Greg to be shared by Dean with his wife, Samantha. Samantha was not pleased with the result and several weeks into the arrangement she called the police to allege that Dean had sexually abused Greg. The Department of Children's Services contacted Dean late at night to tell him that he could not see Greg until a court hearing to take place at the end of that week. At that point, an order for limited monitored visitation was made, even though the abuse had been unsubstantiated. Dean was unable to see his son for nearly two weeks. When he did see him, it was at a social worker's office and Dean had no opportunity to be with his son alone. Dean hired Fred to represent him in the dependency court. Fred obtained an order allowing Dean to have his son on an equal basis, unmonitored, as he had before the allegation had been made by Samantha. Although the Department of Children's Services refused to voluntarily dismiss the case and attempted to continue the monitored visitation arrangements, after a trial the complaint was thrown out as the allegations proved to be unfounded. Although Dean and Greg had been subjected to traumatic proceedings in Dependency Court, they were able to resume their normal father-son relationship.
Modifications of Spousal Support The obligation to support a spouse can be a long-term one with significant financial impact on a party. Changes in the financial, living and health situations can often affect the continued obligation to pay support.
Barbara and Don had been married for 12 years. When they separated, Don agreed to pay spousal support to Barbara for a period of ten years, after which time the parties agreed that support would terminate. Barbara had some emotional problems after the divorce, particularly after Don remarried. Just before the ten-year period expired, Barbara sued Don for both an increase in the monthly amount of her support, and an extension of time during which Don ·toou2d have to pay support. After establishing that Barbara had undertaken no efforts to become self-supporting, and that her emotional problems were not what she had thought Fred petitioned that Barbara's support be terminated and it was.
Modifications of Child Support
Changing economics and custody or visitation arrangements frequently result in the need or entitlement for a change in support arrangements.
Barbara and Don had been married for 12 years. When they separated, Don agreed to pay spousal support to Barbara for a period of ten years, after which time the parties agreed that support would terminate. Barbara had some emotional problems after the divorce, particularly after Don remarried. Just before the ten-year period expired, Barbara sued Don for both an increase in the monthly amount of her support, and an extension of time during which Don ·toou2d have to pay support. After establishing that Barbara had undertaken no efforts to become self-supporting, and that her emotional problems were not what she had thought Fred petitioned that Barbara's support be terminated and it was.
After spending the majority of his adult life building his manufacturing business, Steven had acquired a substantial estate which included significant amounts of cash, two homes, and various investments with a value well in excess of $5 million. Steven had three adult children from his first marriage, and was living with Angela, 15 years his junior. Both parties were contemplating marriage, but Steven was concerned that his property would not remain intact for his children should the marriage fail, or were he to predecease Angela. Angela, although she had her own property, had not worked since the two began living together. In order to avoid any type of a "palimony" claim, and to preserve the majority of his estate for the children, Fred drafted an agreement which provided that Angela would not make any palimony claims against Steven. She would receive a fair allowance in the event of marriage, but would not have any claims against the bulk of Steven's property.
Relationships pose legal complications whether they involve heterosexual partners or homosexual partners. The issues concerning same sex relationships are unique, however, in that there are varying degrees of legal recognition and complexity given to same. The lawyers of Silberberg & Ross are attuned to those intricacies, as well as the ongoing legal developments surrounding the increasing recognition of gay marriage in other states, and can assist same sex individuals and couples in a variety of areas: Same sex couples in California can enter into domestic partnerships which give them equivalent State rights as opposite sex couples. Same sex partners may wish to protect their assets, or define ownership of them through the equivalent of prenuptial and postnuptial agreements. In addition, we are familiar with the complexities of adoption proceedings involving gay parents, and can handle same. And for those people who are spouses in a legal gay marriage, we can assist with divorce issues if the need arises.
Ted is a 48 year old successful entrepreneur. He owns and operates two businesses, has a home in Malibu and another home in Palm Springs. A year ago, Ted met Bob, then a third year law student and 25 years old. Bob just obtained a position at a downtown law firm and plans to move in with Ted in the coming months. Ted wants to protect the assets that he now has, while at the same time, being able to acquire some property in joint ownership with Bob. They also want to be able to take care of one in another in the event there is an issue involving the health of either of them. Finally,as a committed couple who plan to live together on a long-term basis, and who have also discussed raising children, the partners want to be able to provide for one another if one of them should pass away. On behalf of Ted, the firm drafted a domestic partnership agreement which protected the assets that Ted had going into the relationship, while still allowing for certain assets to be held as community property in accordance with the couple's wishes. As part of this agreement, the parties also addressed their concerns over spousal support in the event the relationship ended, and their inheritance rights if the relationship survived. The firm arranged to register their domestic partnership, sanctioning the legality of their relationship. While it is hopeful that the relationship lasts a lifetime, Ted and Bob are covered in terms of the property and legal issues whether it does, or does not.
