Happy Holidays!
I wanted to take the opportunity to wish all of you a very happy holidays and a happy new year.
I hope 2008 is a successful year for all of us!
~Scott D. Wu
Attorney at Law
What Is Minor’s Counsel?
Minor’s counsel is a court-appointed attorney that represents the best interest of the children involved in a family law case. The mother and father are entitled to attorneys in representing their respective interests – and your children are entitled to that representation as well!
Minor’s counsel may be brought into a family law case when the mother and father have diametrically opposed views as to what is in the best interest of their children and cannot to agree to various child-related issues.
Although minor’s counsel is appointed by the Court, the attorney is charged with zealously representing his (or her) clients – the children. Minor’s counsel does not represent the Court, the judge, or mother or father. Minor’s counsel will zealously represent the best interest of the children after a thorough analysis of the specifics of the case. Among other things, counsel will likely interview both parents and possibly the children involved.
After his investigation, minor’s counsel will likely present his findings to both sides (mother and father) and the judge so that the children’s best interest is adequately represented.
The information on this blog is not legal advice, nor is it intended to create an attorney-client relationship. Legal questions should be directed to a lawyer of your own choosing.
Scott D. Wu is an attorney licensed to practice in California. His firm focuses on various aspects of business law, family law, personal injury and real estate.
Temporary Spousal Support in California
If you are either contemplating a divorce or you have just been served with a dissolution petition (divorce papers), you may be concerned about how you are going to support yourself during the divorce proceedings.
In California, a Court can order temporary spousal support (pending the divorce) to a non-working spouse or a spouse that makes significantly less than the other spouse.
In order to get the Court to make a temporary spousal support order, the spouse requesting the order must file an Order to Show Cause with the Court. Upon filing of the proper paperwork and relevant filing fee (if any), the Court will schedule a hearing where it will decide whether to award temporary spousal support. At the hearing, the Judge will review the paperwork that has been filed by both sides and may hear testimony from both spouses.
The information on this blog is not legal advice, nor is it intended to create an attorney-client relationship. Legal questions should be directed to a lawyer of your own choosing.
Scott D. Wu is an attorney licensed to practice in California. His firm focuses on various aspects of business law, family law, personal injury and real estate.
Who Pays for the Shiny Marble Floors and Fancy Paintings In Your High-Priced Attorney’s Office?
The short answer is – you are!
I have visited many attorneys’ offices for mediations, depositions, meetings, and settlement conferences. Some of these offices are beautiful – I mean museum beautiful with magnificent views to boot. As a solo practitioner with a very modest (yet efficient) office, I never understood it.
These firms can afford such extravagant offices because they bill their clients $400 or $500 per hour for partners and $300 for associate attorney work. Frequently, if two attorneys within the firm talk to each other for an hour about a case, they can easily bill their client $700 or $800 per hour by charging their client both attorneys’ hourly rate. No wonder their offices are so nice!
As any smart person knows that the beauty and overhead a law office maintains is in no way reflective of the quality of work that comes out of that firm. The judges never see the expensive paintings in the office’s hallway so it is both unlikely and unethical for the judge to rule in an attorney’s favor because the attorney’s office is nice. Nor do these fancy offices in any way guarantee your attorney’s availability to you.
Also, both the partners and associate attorneys in may, if not all, of these larger offices have minimum billing requirements. That’s right – within a certain time frame, these lawyers are required to bill “x” amount of hours or they do not get their end of the year bonus or get the promotion they are working so hard to obtain. These requirements make it very difficult for a lawyer in one of these firms to be as efficient with your case as possible.
The information on this blog is not legal advice, nor is it intended to create an attorney-client relationship. Legal questions should be directed to a lawyer of your own choosing.
Scott D. Wu is an attorney licensed to practice in California. His firm focuses on various aspects of business law, family law, personal injury and real estate.
Grounds for Divorce in California
California was the first state in the U.S. with "No-Fault" dissolutions. Essentially, in a "No-Fault" divorce, you can divorce your spouse even if s/he disagrees. A California judge can grant a divorce on the grounds of irreconcilable differences - neither spouse is required to give an exact reason why the divorce was filed. As such, in the eyes of the Court, it does not matter if you, your spouse, or both of you was the primary reason the divorce is being requested. Nor does it matter to the Court what that specific reason is.
The information on this blog is not legal advice, nor is it intended to create an attorney-client relationship. Legal questions should be directed to a lawyer of your own choosing.
Scott D. Wu is an attorney licensed to practice in California. His firm focuses on various aspects of business law, family law, personal injury and real estate.
How Long Does It Take to Get a Divorce In California?
Once the your spouse is served with the summons and petition (the documents you file with the court to start the divorce proceedings), the earliest you can finalize your divorce is at least six (6) months. However, not all divorces can be processed this quickly since issues such as valuation of community property, child custody and support issues, etc. may affect how long finalizing the divorce will take.
What's the Difference Between Premarital Agreements, Marital Agreements, and Marital Settlement Agreements?
In California, there are three types of agreements that affect marital property - Premarital (Prenuptial) Agreements, Marital (Postnuptial) Agreements, and Marital Settlement Agreements. The main distinction between these three types of agreements is when the parties sign the documents.
California Family Code Section 1610(a) defines a Premarital Agreement as "an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage." A Prenuptial Agreement can affect the parties present and future rights and interest related to their upcoming marriage - both while they are alive and after they die. Even though a "prenup" has a broad range as to what interests it can affect, it can not adversely affect a child's right to support.
A Martial or Postnuptial Agreement is an agreement signed by husband and wife while they are married. Like the Premarital Agreement, a Marital Agreement can affect the parties future and present marital rights. It too can affect interests both before and after death.
Finally, a Marital Settlement Agreement is executed for divorce purposes and resolves the parties' disputes over marital property, rights and obligations.
California law imposes specific requirements that must be met in order for these agreements to be both valid and enforceable. As a result, many of these agreements have been challenged in court. To properly draft these agreements, the drafter should be aware of the relevant statutory authority and case law. Even if the agreement is drafted with care and deference to case law and statutory authority, there is no guarantee that the agreement will be "bullet proof." Please note that each of these agreement must meet other requirements that are not discussed in this article due to space constraints. It is encouraged that before you draft or sign any of the agreements discussed above, you retain competent legal counsel to increase the likelihood your agreement will be enforceable.
The information on this blog is not legal advice, nor is it intended to create an attorney-client relationship. Legal questions should be directed to a lawyer of your own choosing.
What to Look for When Hiring a Family Law Attorney
The choices are dizzying when trying to find a family law lawyer. When faced with family law issues, such as divorce, paternity, child custody or visitation, most people feel alone and confused. Should you call the lawyer whose picture is on the back of the bus? Or should you consult your local yellow pages? Maybe you should call the attorney that advertises on local sports talk radio? Or what about the attorney your friend recommended? Regardless of which attorney you call, you need to make sure you hire the right one for you.
You might be tempted to hire the lawyer that charges the lowest hourly or flat fee or you might hire the lawyer that offers a free initial consultation. Although cost is a very important factor you must consider, it is not the most important. The old maxim, "You get what you pay for," rings true when hiring a lawyer. What good is saving a few dollars at the beginning of your case if, in the long term, it ends up costing you more and your matter is not handled efficiently and competently? Or worse yet, your attorney does not keep you updated on your case or return your calls. Will you be able to reach the attorney's office when you call? Or will you be waiting days for a return call? Does the lawyer welcome email correspondence?
Your goal should be to hire a lawyer that you can trust and is compassionate about your situation yet aggressive and efficient in representing your interests in court. You deserve an attorney that will be there when you need him - an attorney you can trust.
Family law issues cause stress, your attorney should help relieve your stress - not add to it.
Can You Afford Not to Hire an Attorney for Your Divorce?
In recent years, there has been an upward trend of people representing themselves in their divorce cases. In 2000, more than 77% percent of litigants represented themselves in
Although these people may seem to be saving money on attorney fees, many of them are left dazed and confused trying to finalize their divorce. Many people have no idea which documents to file or how to serve documents on their spouses to start the divorce process. If they manage to get past the initial hurdles, even more are left confused with trying to figure out how to finalize their divorce.
Unfortunately, the legal system was not designed as a "do it yourself" process. Instead, the family law courts require a variety of forms and documents depending on each individual circumstance.
Courts can not give litigants legal advice so they are left on their own trying to navigate a system with which they are not familiar. Many of the "Do-It-Yourself Litigants" become frustrated and may not actually finalize their divorce which can lead to both embarrassment and emotional scarring if one tries to remarry.
Every divorce has unique issues - whether there is community property that needs to be divided, who will have custody of the children, how much visitation time the noncustodial parent will have, and how much child support and spousal support needs to be paid. A divorce becomes even more complicated if there is a community business or there are issues of domestic violence.
Even if your divorce does not have any complicated issues, hiring a competent family law lawyer will pay for itself in the peace of mind it provides.
Feel free to contact the Law Offices of Scott D. Wu to assist you with your divorce case.
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