Family Law Issues
The Costs of Divorce
With the divorce rate as high as 60%, it is no wonder that the family law courts are backlogged with the volume of cases filed each year. Typically divorces can last for years before they are resolved or a final judgment is entered. In the rare instances and the minority, there have been couples that have been able to divorce easily and quickly, this of course is the exception and…
Read MoreWant to Get Re-Married
You're in the process of getting a divorce and have been for six months; however, you must legally wait six months to be divorced. Because you've been in the process for six months does this mean you are legally divorced? No, you are not. All of the necessary paperwork must be filed with the court and your judgment must be completed in order for your marital status to be terminated.…
Read MoreArrears
If you have arrears that are owed for child support or spousal support and the other party has agreed to waive arrears for a lower amount that you will pay them in a lump sum. You would need to have an agreement and stipulation drafted, signed, and filed with the court. If the Department of Child Support Services (DCSS) is involved, then you will need to contact them and get…
Read MoreDRUG TESTING IN FAMILY LAW MATTERS
It is not uncommon for parties in a family law case to allege drug use and drug abuse against the other parent in custody disputes. The most common methods used today to determine if someone is "dirty" or has used illegal drugs recently is the use of the hair follicle test and the urine test. The hair follicle drug test can trace the use of illegal drugs over the past…
Read MoreHello World!
Wallin & Klarich is a defense firm with over 30 years of experience handling Criminal Defense and Family Law cases in San Diego. We have offices located in Downtown San Diego, El Cajon, Carlsbad and Rancho Bernardo. We will be posting blogs regarding your legal rights and changes in the law regularly, so check back frequently or subscribe to stay informed. Wallin & Klarich
Read More“I will only marry you if we get a Prenup”
Are you thinking about getting married but are scared off after seeing so many of your friends and family go through horrible divorce proceedings? If this is you, you are not alone. Most people know or have heard of someone that has lost half or more of their fortune as a result of a divorce. The reason for this is California's Community Property laws, which basically state that whatever is…
Read MoreLIMITED SCOPE REPRESENTATION
Going through a divorce or any family law matter involves many issues including custody, visitation, support, and a division of community property assets and debts. It can be a harrowing experience and emotionally draining for the parties involved and not to mention the costs of retaining an attorney to represent you throughout the case. It can be a lengthy process and involve lots of attorney's fees for both sides. An…
Read MoreDon’t Let the Judge Make You Pay for “Legal Assistant” Fees In Error
It is commonly understood by parties to a family law case, such as a divorce, that there are times when you can ask the judge to order the opposing party to pay for your own legal fees. Legal fees will typically include attorney fees and paralegal or legal assistant fees. But watch out, not all paralegals are created equally. Better said, not all people who claim to be paralegals are…
Read MoreEnforcing out of state child support obligation:
Do you have an existing order or judgment for a child support order? Does the payer want to move out of state? Do you worry that you won't be able to collect your child support payment once they move? The good news is that the Uniform Interstate Family Support Act was created to govern the establishment, enforcement and modification of child support between states. If California issued the order, California…
Read MoreHire a Trial Lawyer — Not Just a Family Lawyer
If you are going through a divorce, and you and your spouse cannot seem to agree on terms, you may be heading toward a trial. If that's the case, you should be asking yourself, "Do I have a trial lawyer?" Even if you already have a lawyer, you should still ask yourself that question. I say that because many attorneys who practice family law fancy themselves as "trial" lawyers, simply…
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