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I’m getting a divorce, what do I need to consider? In California, there is a 75% divorce rate. People are getting divorced for a variety of reasons and it appears as if this rate is going up. In our practice, we get divorce calls everyday. If you are considering divorce, please consider the following four areas: Division of assets Spousal support Child support Child custody Child support and child custody go hand in hand. There are two types of divorce – uncontested and c

Rape is a horrible crime and has many elements that need to be proven to be convicted of this crime. They are as follows: You engaged in sex with a woman The woman was not your wife at the time She did not consent If she initially consented, did she remove her consent during intercourse? A reasonable person would have understood that her words or acts removed her consent during intercourse (she pushed you off, or said stop) AND The defendant forcibly continued the intercours

If you are in the process of buying a home or have just bought a home, it is probably the largest asset that you now own. It’s time to protect it. The best way to protect your home is to put it into trust. By creating a trust (or estate plan), you can give yourself a great way to protect your assets from probate, estate taxing, and creditors. You can name your trust something other than your surname, which in itself makes it difficult for creditors to prove that the home

When you decide to hire an attorney, you will want to consider the following: Communication Explains fees (fee agreements) Explain that there are no guarantees Document critical decisions Initially, you will more than likely talk to your attorney over the phone or meet for an initial consultation. Whether over the phone or in person, you will have a good opportunity to see if the attorney rushes you over the phone, or takes the time to explain your situation and the possible

Can I file for a bankruptcy right after filing for a divorce? There are two sets of laws here, one is federal law and the other is state law. If you get a divorce, and the divorce agreement transfers all of the debts to one party, while the other party keeps all of the assets and a bankruptcy is subsequently filed, a creditor or trustee may think that is some type of fraud occurring here. For example, you two only got a divorce to get rid of your debts. If this is the case

Does a trust have its own EIN number? This depends on the type of trust that you have. If you have an irrevocable trust, then it will have its own EIN number. However, you will be forced to give up control of your assets. This means that you will NOT be able to sell your assets, and full power is given to the trustee and beneficiaries, and not the settlor (or creator of the trust). People who create irrevocable trusts have trustees and beneficiaries that they trust inhere

Will a bankruptcy hurt my credit score? Surprisingly, a bankruptcy can actually increase your credit score if you score is low. A credit score is based on your debt to income ratio. If you have high debts and low income your score will be low. Filing for bankruptcy will allow you to get rid of all applicable debts like credit cards, small loans, etc. By ridding yourself of these obligations, your debts decrease and your score increases. Obviously, we do not advise filing

I am getting a divorce, do I need a trust? If you are going through the divorce process, it is always advised by our office to get a trust (also known as an estate plan). Having an estate plan will allow you the opportunity to choose people to make health care and financial decisions for you in the event that you cannot do so for yourself. Now that you will be single, this is always a good idea. Additionally, if you have minor children, you can include a guardianship provi