Family Law Archives | Page 2 of 4

Attorneys in family law take care of matters related to family connections, such as marriage, adoption, separation, and the guardianship of minors, to name a few. Lawyers in this practice domain can represent their clients in court or help them reach agreements. They also write and review official documentation, such as applications and property contracts. Some family attorneys assist with matters relating to adoption, paternity, emancipation, or other topics not commonly associated with divorce proceedings. Family law covers a variety of aspects that affect people’s lives, so lawyers in this field assist individuals in a wide range of delicate situations that people may not think of as being related to family law.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

When Should I Hire a Family Law Attorney?

Most attorneys who specialize in family law are involved in divorces and associated matters. However, family law is a fairly comprehensive field that covers a wide array of matters. As family law issues are so close to home, it is important to have a dependable legal expert at your side to guarantee that your family members are suitably represented and safeguarded during any legal process. The most common times to hire a family law attorney are in cases regarding divorces, child custody, paternity matters, property division, and adoption.

SBEMP for Family Law Matters

Splitting up with a partner and other family court cases are often filled with a lot of emotions and stress. Deciding on issues concerning children and money is among the most critical decisions a family can make. Seeking assistance from a lawyer at SBEMP can be essential for safeguarding your rights and what is to come.

Although resolving a family court dispute is plausible in many scenarios, sometimes taking it to court is needed. When you find yourself in this situation, you need someone to stand up for you and preserve your rights.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Majority of people think that one of the spouse’s is legally required to change their last name for matching that of their spouse following their marriage. This is not the case anymore. Everyone is free to keep their name, hyphenate with a spouse’s name, take the name of their spouse, or use an altogether different name.

You can do the following after legally changing your name following marriage:

Changing the name to the last name of your spouse
Changing the name to something that is not your spouse’s last name
Informing people about the change

Process to Legally Change Your Name Following Marriage

These are a few first steps you need to take for changing the name legally after getting married:

Using the new name on the marriage certificate.
Changing identification documents, such as state-issued ID, driver’s license, and Social Security Card for reflecting the new name.

You would need to present the marriage certificate for changing your name on identification documents. You always have the freedom to revert to your old name after divorce in the unfortunate event that the marriage doesn’t work out.

Using the Last Name of Your Spouse

It is easy to change your name to your spouse’s name after getting married. You should follow the above-mentioned steps and then:

Start using the changed name
Use your changed name in family and social settings
Use the new name when you apprise people of address change
Use the new name while opening memberships and accounts

Not Using the Last Name of Your Spouse

It is completely acceptable to change your name after getting married to something other than the last name of your spouse. However, you may need more than a marriage license to complete the process. In most cases, you would also require a court order. Every state has different regulations about their requirements. You should check the laws of your own state on the topic.

Majority of states require filing of certain forms in court. You can find these forms online on state government websites. However, you should understand that a formal advertisement is required in certain states for using the new name. This can be done by posting a simple notice in the local papers.

Let People Know

The best way of informing people about your name change is to start using the new name. It is easy to tell family, friends, and coworkers that you changed your name. However, you would need to follow a more formal process for letting financial institutions and government agencies know your new name. You would need to support the request with a court order or copy of your marriage license.

You don’t officially need to change your name for updating it in email signatures and social media after getting married. Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Child Abuse Law

It can be scary to report child abuse. This is especially if you are completely sure that the abuse took place. However, it is important that you report whatever you have heard or seen if you suspect any of it. You owe this to the child and any potential future victims. All you need to do is contact the closest branch of Child and Family Services. You can also get in touch with your local law enforcement if you are comfortable.

You should consider getting in touch with Slovak, Baron, Empey, Murphy & Pinkney law firm for a no-pressure, confidential and compassionate consultation regarding your legal options once you have reported the abuse. We will relentlessly fight to secure financial compensation for the child for their suffering.

We understand that no amount of monetary compensation is enough to take away the impact of abuse on a child. However, the compensation can be helpful in setting them up for a better and brighter future.

Different Child Sexual Abuse Types

Sexual offenders routinely prey on innocent victims that have no adult to help them attain justice. These are a few common types of child sexual assault:

Boy scout abuse
Foster care abuse
Clergy sexual abuse
Sex abuse in sports

Have you experienced child sexual violence? The California child sexual abuse attorneys at SBEMP aggressively pursue legal action against offenders. We understand the importance of weeding out criminals and people that willingly protect them. Give us a call today.

Damages Awarded in Child Sexual Molestation Lawsuits

Critical changes can occur in a community after pursuing a claim against the institution or perpetrator responsible for enabling child sexual abuse and molestation. However, you can attain closure, empowerment, and deserved justice by holding the responsible party accountable.

Monetary award following a child sexual abuse claim may include:

Nominal damages

You may be eligible for nominal damages if you suffered from a sexual abuse threat, but were never actually harmed or assaulted. This is usually a small sum for the apprehension or fear of assault.

Psychological and emotional harms

Sexual abuse can result in significant mental, emotional, and psychological damage to survivors. If these intangible damages were inflicted on you by the acts of the abuse, you may be awarded compensation by the jury.

Impaired capacity to move on

Childhood abuse impacts a survivor for life. They may find it difficult to carry on without medical care or therapy.

Financial harm

Child sex abuse that causes significant financial damages later in life can be listed as part of the settlement demand.

Punitive damages

Californian judges reserve awarding punitive damage for cases that involve extreme recklessness, gross negligence, and malicious intent to harm. Sexual abuse may qualify you for receiving punitive damage as a survivor.

Our sexual abuse attorneys will do everything possible for maximizing your compensation, including going to trial, if required. Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Child Injury Law

Catastrophic or fatal injuries to a child can bring devastation on the entire family. A majority of injuries to children are because of negligence. Generally, teenagers and children are at a higher risk of serious injuries in connection with bus accidents, car accidents, defective toys, fireworks and explosives, playground incidents, household product poisoning, animal attacks, and swimming accidents.

There is different statute of limitations in each state for different types of claims. However, in most states, the statute of limitations doesn’t start running until the child has turned 18. This means that if the statute of limitations in your state is 1 year, then the child has until they are 19 to initiate a lawsuit.

Separate Rights of Action

Every child injury case has two separate rights of action. The child as well as the child’s parents or guardian has the right to pursue separate action for pursuing compensation for medical bills and personal losses.

The type of lawsuit filed for recovery damages depends on the nature and type of accident. For instance, a child that suffered a drowning injury or was bitten by a dog on someone else’s property will need to turn to premises liability laws. Injuries sustained by a teenage driver will turn on basic laws regarding negligence.

Failure on part of an adult injury victim for behaving reasonably under the circumstances can contribute to the injuries and reduce their damages. In certain states, negligence on part of the victim can lead to a total bar to recovery.

Partial Responsibility for Child Injuries or Death on Part of Parents

Complicated questions surrounding ‘reasonability’ are raised by child injuries. The ability of a child to react reasonably to a situation depends on their maturity level and age. Courts, in most states, adopt a reasonable child standard. As per the standard, a child is expected to act in a reasonable manner conducive to a child of the same intelligence, age, and maturity. More detailed rules may strictly apply to children of certain ages in other states.

Child’s Injury Because of Parents Negligence

In many states, parent’s negligence contributing to a child’s injury is not considered imputed to the child for public policy reasons. However, in certain jurisdictions parents may be precluded from recovering for their child’s wrongful death if their negligence contributed to the death.

What is the Bystander Theory?

In case a child is killed or seriously injured in an accident because of someone else’s negligence, their parents may be able to recover damages as a bystander for the pain and suffering and emotional distress caused as a result of the injury.

Generally, parents can recover under the bystander theory if they were contemporaneously watching as the child suffered injuries. The theory doesn’t apply to adults that arrive on the scene when the child is getting medical attention.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Divorce Law

People who are considering a divorce are generally curious about what the procedure entails. A knowledgeable divorce attorney can help you understand what the process would be like in your unique case. They will also discuss some key aspects that may be common to most types of divorces.

The Divorce Summons and Petition

The first legal paperwork is usually the divorce petition. This is a legal document that essentially asks the court for granting a legal divorce or separation. The summons is served on the other party simultaneously for notifying them of court action. Both parties should not be involved in making any major financial changes or selling any marital assets at this point.

Temporary Relief

Parties would need to arrive at some sort of interim agreement about child custody, visitation rights, and spousal support since divorce process may take a long time. They should also talk about other matters which cannot wait till the divorce is finalized. The judge will conduct a hearing before the divorce is finalized for understanding the type of relief granted during the period the divorce is pending.

Mediation

Certain courts will require couples to attempt mediation before they can move forward in court. Mediation is done through an impartial trained mediator that helps couples come to an agreement about child support, custody, spousal support, alimony, visitation, debt and asset division, and other things. Mediators are useful in helping couples save time and money. However, they are not appropriate in every circumstance.

Evidence Gathering

The next step is to gather evidence for proving the case in court if the parties are unable to come to an agreement regarding the manner in which the dissolution will proceed. Evidence can come from interrogations, depositions, and document requests. A committed divorce attorney can help you understand the kind of evidence that is important. They can also help you gather it.

Settlement

Majority of divorce cases settle before they go to trial. However, you should know that a divorce can settle during any time of the process. Trial can be arduous and expensive. They leave the final decision to the judge that may not make a decision that both parties are happy with. However, it may be difficult to come to an agreement without the judge stepping in. A knowledgeable attorney will be able to help you decide whether to accept the settlement offer or not.

Trial

You could end up going to trial if you are unable to come an agreement about matters related to the divorce. Attorneys of both parties will be able to show evidence during a trial. The judge may be asked to rule on the issues that are pending in contention if you and your spouse have settled on certain issues. You may have the option to appeal if you are unhappy with the results of the trial.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Separation Law

Separation can be of three types – trial, permanent, and legal separation. Legal separation needs to be approved by a family court and is considered an alternative to divorce. Permanent and trial separation act as more immediate measures and are taken before a potential or an actual divorce.

What is Trial Separation?

Trial separation concerns spouses that choose to separate before making their divorce official. These spouses have not yet decided to divorce. This means that any debts or assets acquired by the couple during trial separation will be treated as if there was no separation.

This type of separation is beneficial to those spouses that are considering divorce, but still have room for reconciliation. Spouses can take a much-needed timeout without any legal ramifications.

What is Permanent Separation?

Permanent separation is the next step following a trial separation if the spouses decide to get divorced. Most states consider permanent separation as a legal change in status. This can affect property division. Any assets or debts acquired by either spouse after permanent separation are solely attributable to the spouse acquiring them in most states.

It is not easy to determine the date of permanent separation. It may come in question during a divorce as well. For instance, the date of separation can be up for debate if a spouse fought and left the marital home to stay with their parents for a few weeks before asking for a divorce.

Separation Agreements in Different Situations

Majority of spouses choose to date, sign, and draft a separation agreement for establishing expectations and timeline for their separation. Separation agreements are not a requirement for either trial or permanent separation. However, they do prove to be useful.

The separation agreement in the case of a trial separation should indicate that the couple is not dissolving their marriage and have not yet thought of divorce. The agreement can also set out several financial expectations, such as whether credit cards and bank accounts will continue to be shared. It can also state how bills will be paid.

In addition, the agreement can cover topics such as where both spouses will live and how will the children be shared. Start and end separation date is helpful in such agreements.

The separation agreement in case of a permanent separation is similar to trial separation. However, it would indicate that the spouses intend to separate permanently and will eventually be getting a divorce. Permanently separated couples don’t need to divorce immediately. However, they should not be considering continuing the marriage either.

Key Takeaway

Ultimately, neither permanent nor trial separations are the same as divorce. Couples can always decide to reconcile during the separation since neither side have legally ended the marriage. It allows for an easier return to married state. However, they help provide greater legal protection during a divorce if the couple does decide to end the marriage for good.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Divorce Process

It can be hard to know where to start if you are considering a divorce. Divorce is a legal, financial, and emotional process. Your first step should be to get in touch with an experienced divorce attorney if you think your relationship is soon to end in a divorce.

A divorce lawyer can be a crucial element in helping you understand the likely outcomes in terms of custody and financial arrangements even if you haven’t quite made up your mind yet. There are a few common steps which apply to all married couples. However, you should know that nothing can replace the advice of a skilled attorney.

Child Stability and Residence

You may want to remain at your marital residence to save costs associated with maintaining separate households. This will also help towards preserving stability in your children’s lives. Living together gives you more time to agree on a parenting plan and budget. However, there are a few circumstances, such as the ones involving abuse where you may want to consider moving out immediately.

Separation

Separation is not always the first step to divorce. However, it is the natural first step for many couples. You may want to understand the legal implications of separation if you decide to choose this. You would need to agree on a provisional custody agreement if you have children and live separately.

Most attorneys advise providing reasonable access to children barring any serious concerns, such as safety issues. Your divorce attorney can help you file for an order of protection if you are concerned about abuse or violence. It is wise to document concerning and odd experiences.

Financial Steps to Take

Divorce has several financial implications. It gets more complicated the longer you remain married. However, things can be more straightforward if you have a pre- or post-marital agreement. You should gather all your financial documents at the outset.

You will need to have your own copies of retirement account statements, bank statements, mortgage statements, and other relevant financial documents. You should get your valuables appraised. Having a complete financial picture can help you protect your interests if your spouse attempts to prevent a fair division or conceal assets.

Unique Financial Situations

Financial situation can become particularly complicated if either of the spouses have businesses or are together in a business. An experienced divorce attorney can provide a business valuation specialist to negotiate a fair deal.

There are different laws surrounding property distribution after a divorce in different states. However, in most states, the property that is acquired during the marriage is split equally between both the parties. There are a few exceptions to this rule which can be explained by a qualified attorney. You can achieve a better sense of property division after speaking with the divorce attorney.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Marriage Annulment Law

Spouses can consider options apart from divorce when their marriage is starting to break down. This includes annulment and legal separation. People belonging to certain cultures and religions may find getting an annulment particularly appealing. Annulment can allow an individual to pursue the option of remarriage if divorce is not recognized in their faith. Annulments are valid on both civil as well as religious grounds.

Difference between Annulment and Divorce

The primary difference between annulment and divorce is that the former ensures that spouses are treated as if they were never married to begin with. For instance, your legal status on forms will become single following an annulment instead of being divorced.

However, your children from an annulled marriage will still be considered legally legitimate. With that said, they may not be considered legally legitimate in the eyes of your faith.

Another difference between divorce and annulment is that most states allow couples to dissolve their marriage through a simple, no-fault divorce without proving if either spouse engaged in misconduct. In contrast, while pursuing a civil annulment you will need to justify ending the marriage with reasons stronger than irreconcilable differences.

Civil Annulment Grounds

The only way of obtaining a civil annulment that dissolves a marriage legally is by proving one of the following:

Fraud or misrepresentation
Incest
Lack of consummation
Lack of consent
Bigamy
Unsound mind
Force

You would need to consult with an experienced lawyer. This means you would have an added expense that won’t be there if you were pursuing no-fault divorce.

Showing Grounds for Civil Annulment

These are a few examples of how you may show necessary grounds:

One of the spouses may not be physically capable of having children and may have lied to the other one about it. This will involve both lack of consummation and fraud.
Incest refers to a relationship between two blood relatives. Such marriages are banned in most states.
Bigamy refers to a situation in which a person gets married when they are already married to another one
Lack of consent occurs when a spouse is too young to offer consent on their own behalf and the other spouse did not ask for proper consent from the underage spouse’s parents
You can show unsound mind if either of the spouses was under the influence of drugs or alcohol at the time of marriage. Annulment can be acquired if you can prove that you did not have clear understanding of your actions because of a mental disorder or intoxication.
Marriage can be annulled if either spouse coerced, threatened, or blackmailed the other one

It can be difficult to convince a judge for civil annulment if none of the situations apply to you. However, you can still obtain a religious annulment that won’t affect your legal responsibilities.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Guardianship Law

Social worker consulting smiling young single father with kids at home. Case worker woman visiting african man with schoolboy son and baby daughter providing consultation

Guardians perform vital legal roles. Legal guardians are usually appointed by a probate court. The court-appointed guardian is empowered by guardianship to make medical, personal, and financial decisions on behalf of the person called a ‘ward’.

The ward is usually a child in most guardianship situations. However, they can also be individuals with severe physical and mental disabilities preventing them from making decisions on their own. Guardianships in certain states is called conservatorship.

Legal issues regarding guardianship fall under the purview of state law. It is recommended to speak with a family lawyer if a person feels the need to seek guardianship for an incapacitated elderly parent, disabled child or any other person. The family lawyer should be familiar with guardianship laws in the state where the person lives.

Types of Guardianships

There are different types of guardianships varying from state to state. Common types include:

Full guardianships are those in which the guardian controls full decision-making powers over the ward. This is in cases where the ward is not capable of making financial, personal, and healthcare decisions.
Limited guardianships are court-granted in cases where the ward is capable of making their own decisions regarding personal care. However, they may need the guardian to make complex decisions regarding lifestyle changes, healthcare, and finances.
Co-guardianships involves the court appointing two guardians to make decisions for the ward. This prevents abuse of power by any of the guardians.
Temporary or short-term guardianships is granted by the court when the ward faces a time-limited emergency situation. It is also granted when the ward is temporarily not capable of making decisions on their own.
Estate guardianship in which the main responsibility of the guardian is managing the assets of the ward and to make financial decisions on the ward’s behalf.
Guardian ad litem refers to a guardian that is court appointed to represent the ward’s interests in legal proceedings.

Lawyer for Filing Guardianship

It is recommended that you seek the services of a guardianship attorney experienced in the process of guardianship. It can be complex establishing guardianship. Guardians have the legal power to deprive an adult of their ability and autonomy to make decisions for themselves. Typically, courts are careful in determining whether a person needs a guardian or not.

Guardianship lawyers can help attain the best results for your case. They can prepare technical documentation required for the application. Your guardianship lawyer can explain why establishing guardianship is necessary.

They can also make the court understand ways in which you are qualified to be appointed as the ward’s guardian. Favorable results are more likely when you are represented by a capable guardianship attorney. Guardianship lawyers can help you understand the process and make it easier to file for guardianship.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Parental Alienation

A couple may decide to end their marriage or relationship. However, their goal should be to coparent so as to provide their children with a sound environment and good relationship with both parents. Unfortunately, the complexities of human nature can make this impossible in some cases with one parent influencing the kid’s relationship with the other parent. This can result in parent alienation.

Experienced family law attorneys are aware that dealing with parental alienation requires working through both legal and emotional challenges. Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.

Deal With Parental Alienation by Starting Small

Legal professionals often recommend rebuilding parent-child bond by working with the alienating parent or the child. You should try and do the following:

Send thoughtful and encouraging letters and cards
Remember holidays and birthdays
Schedule bi-weekly video calls and phone calls
Request supervised visits if there have been allegations of physical abuse
Ask for shorter and more frequent visits
Stay involved in your children’s lives

Consult With a Family Attorney

If a child or a coparent completely ignores your healthy attempts at contact, you should consider consulting with legal counsel about your parental rights. A capable law firm should be able to help you rebuild or protect the sanctity of your relationship that is being destroyed by the other parent.

It is extremely important to work with a lawyer that understands that the allegations made against you by the other parent are not true. You should try and find an attorney who understands the actions you have taken or not taken and can make productive recommendations.

Request For Judicial Intervention

Most parents trying to interfere in the relationship of another parent will refuse all healthy attempts made towards resolving parental alienation in an amicable manner. They will keep continuing in the manner unless forced to change their actions.

You can seek help from a family court in these situations. You should ask your attorney to file for contempt or modification to start the process of ceasing all alienation tactics. Parental alienation are grounds for modifying an existing custody order.

Several courts have begun to realize that parental alienation can result in long-lasting effects on the child. Seasoned and dedicated attorneys can help you get back on track by filing a complaint.

Avoid Involving the Kids

You may feel frustrated and angry when the other parent denies you the right to meet and communicate with your own children. It can be troubling to know that you cannot be part of decisions being made in your kid’s life. However, it’s critical that you don’t involve your children when handling situations involving parental alienation.

It is the parents’ responsibility for facilitating a healthy and productive bond. You may harm your case by speaking with your children about legal concerns instead of a therapist, attorney, or the court.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.