Family Law Archives | Page 2 of 4

In today’s world, where the rate of divorce seems to be climbing, protecting your child’s inheritance has become a concern for many parents. The dissolution of a marriage not only affects the couple but can also have a significant impact on the financial future of their offspring, especially when it comes to inheritance. The good news is, with careful planning and strategic measures, you can ensure that your child’s inheritance is safeguarded, irrespective of the marital challenges they may face. Let’s explore some effective strategies to prevent divorce from affecting your child’s inheritance. 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, and surrounding communities.

Understanding the Legal Landscape

To effectively shield your child’s inheritance from the uncertainties of divorce, it’s essential to grasp the fundamentals of how divorce laws intersect with inheritance rights. In the eyes of the law, inheritances are typically categorized as separate property, owned exclusively by the recipient. This distinction is crucial as separate property is often protected from division in divorce proceedings. However, the situation complicates when an inheritance is commingled with marital assets. Actions such as depositing inherited funds into a shared bank account or utilizing them for joint investments like a family home can transform separate property into marital property, making it vulnerable to division in a divorce. The nuances of these laws can vary significantly from one jurisdiction to another, making it imperative to understand the specific regulations governing inheritance and divorce in your area. This foundational knowledge sets the stage for implementing strategies that can prevent your child’s inheritance from becoming ensnared in the complex web of divorce settlements. Being informed about the legal landscape is the cornerstone of ensuring that the measures you put in place for protecting your child’s inheritance are both effective and legally sound.

The Importance of a Trust in Protecting Inheritance

A trust stands as a formidable shield for your child’s inheritance amid the uncertainties of a divorce. By creating a trust, you delineate a legal barrier that keeps the inheritance out of the communal pot of marital assets. This separation is facilitated by appointing a trustee who holds and manages the inheritance according to the stipulations you’ve laid out. The conditions embedded within a trust can meticulously dictate the distribution timelines and methods, ensuring that the assets remain untouched during the turbulence of a divorce proceeding. Different types of trusts offer varying degrees of protection and control. For instance, a revocable trust allows for changes during your lifetime, whereas an irrevocable trust, once established, cannot be altered, offering a stronger layer of security against future marital disputes. A discretionary trust further empowers the trustee to make decisions about the distribution based on the beneficiary’s current circumstances, including their marital status. Employing a trust is a strategic move that provides a structured pathway for inheritance, allowing your child to benefit from your legacy without the risk of it being diluted or lost in the event of a divorce. This mechanism not only protects the inheritance but also respects your intentions and the well-being of future generations.

Pre and Post-Nuptial Agreements: An Overlooked Tool

Pre and post-nuptial agreements often carry an unfortunate stigma, leading many to overlook their significant potential in safeguarding inheritance. These agreements are not solely about preparing for a potential divorce; they serve a broader purpose of clearly defining the ownership of assets brought into or acquired during the marriage. By specifying that any inheritances are to remain the personal property of the inheriting spouse, these agreements create a legal bulwark against the inclusion of inherited assets in the communal property pool. They are especially vital in scenarios where direct and specific measures are necessary to ensure that the assets intended for your child are not subject to division or dilution in the event of a marital breakdown. Crafting these agreements with precise language regarding inheritance can preempt complications, providing an unambiguous assertion of your child’s sole ownership over the inherited wealth. While discussing pre and post-nuptial agreements may seem daunting, their utility in preserving an individual’s inheritance rights cannot be understated. These legal documents can be instrumental in maintaining the integrity of your child’s inheritance, serving as a testament to your foresight in protecting your family’s financial future amidst the complexities of marital law.

Educating Your Child on Financial Separation

Empowering your child with knowledge about the significance of financial independence is crucial for safeguarding their inheritance against the complexities of divorce. It’s essential to guide them on the prudent management of inherited wealth, emphasizing the need for a clear delineation between personal and marital assets. Encourage discussions about financial planning and the importance of keeping inherited assets in dedicated accounts, separate from those shared with a spouse. This step is vital in preventing the inadvertent blending of inherited wealth with marital assets, which can lead to legal entanglements in the event of a divorce. Additionally, imparting awareness about the potential legal ramifications of failing to maintain this separation can fortify your child’s understanding and appreciation of their financial autonomy. Encouraging your child to seek independent legal and financial advice when managing their inheritance can also reinforce the importance of this separation. Instilling these values and practices from an early age can equip your child with the tools they need to navigate their financial future confidently and securely, ensuring the longevity and integrity of their inheritance.

Regular Reviews and Updates to Your Estate Plan

As life’s circumstances evolve, so should your estate plan. Key life events such as marriage, divorce, or the arrival of new family members often necessitate a revisit of your initial estate planning decisions. These reviews ensure that your plan remains aligned with your current intentions and family structure. It is particularly important to update the designated beneficiaries, trustees, and conditions within any trusts to reflect these changes. Such updates might include adjusting the distribution of assets to accommodate the needs of a growing family or changing marital statuses within that family. Additionally, modifications to your estate plan can further solidify the protections you’ve established for your child’s inheritance, reinforcing the safeguards against any unforeseen challenges they may face in the future, including divorce. Keeping your estate plan current is not just about adapting to new circumstances; it’s about actively reaffirming your commitment to preserving your family’s financial security. Engaging in regular reviews, ideally with the assistance of estate planning professionals, ensures that your estate plan remains a robust and effective tool in achieving your long-term objectives for your family’s welfare.

The Role of Life Insurance in Safeguarding Inheritance

Life insurance emerges as a strategic asset in the protection of your child’s inheritance against the ramifications of divorce. Setting up a policy with your child designated as the beneficiary creates a distinct financial safeguard. This approach ensures that, in the event of your passing, your child receives a sum of money that stands separate from any marital assets, thereby reducing the risk of it being entangled in divorce settlements. Notably, life insurance proceeds are typically paid directly to the beneficiary and are not considered part of the decedent’s estate, offering an additional layer of protection against creditors and legal disputes over the estate. It’s also an effective way to provide immediate financial support to your child, bypassing the often lengthy probate process associated with wills and estates. This immediacy can be crucial in maintaining your child’s standard of living and fulfilling any immediate financial needs following your passing. To maximize the protective benefits of life insurance, it’s advisable to carefully consider the policy amount, ensuring it aligns with the future needs and potential scenarios your child might face. Furthermore, it’s essential to review and, if necessary, update the beneficiary designations periodically to reflect any changes in your family dynamics or your child’s situation, ensuring the intended security and advantage are maintained.

Professional Guidance Is Key

While the strategies outlined are pivotal in safeguarding your child’s inheritance from the effects of divorce, they represent only a part of the equation. The intricate nature of estate planning and family law necessitates the expertise of seasoned professionals. Engaging an estate planning attorney ensures that all legal documents, such as trusts and prenuptial agreements, are correctly drafted and enforceable under the laws of your state. Additionally, a financial advisor can offer invaluable insights into the most effective ways to manage and protect your assets over time. These experts can help you navigate the complexities of inheritance and marital property laws, providing personalized advice that aligns with your specific family dynamics and estate planning objectives. Their guidance is indispensable in crafting a strategy that not only shields your child’s inheritance from potential divorce-related challenges but also optimizes the financial legacy you wish to leave behind. Seeking professional advice is a critical step in reinforcing the protective measures you have in place, ensuring they are comprehensive, up-to-date, and in accordance with the latest legal standards and financial practices.

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.

Marriage is a beautiful union between two individuals, but it is not always smooth sailing. While every couple may face challenges in their relationship, there are times when these problems become too overwhelming to handle on your own. As much as we want to work through our issues and save our marriage, there are situations where seeking legal counsel may be necessary. In this blog post, we will discuss when it is appropriate to call a lawyer for marriage problems and how they can help navigate the difficult waters of a troubled marriage. 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, and surrounding communities.

Recognizing the Signs: Is Your Marriage Truly On the Rocks?

Marriage is a complex journey filled with ups and downs. But how do you know if your marriage is truly on the rocks? It’s important to recognize the signs that indicate serious trouble in your relationship. Are you and your spouse constantly fighting without any resolution? Has communication completely broken down? Are you experiencing a lack of intimacy and emotional connection? These are all red flags that your marriage may be in jeopardy. Pay attention to these signs and consider seeking professional help before things spiral further out of control. Remember, recognizing the signs is the first step towards finding a solution.

Practical Steps to Reconciliation before Heading to the Legal Route

In the midst of marital difficulties, it’s essential to explore all avenues before considering legal intervention. Before heading to the legal route, there are practical steps you can take to try and reconcile with your spouse. First, open up a dialogue and have an honest conversation about your feelings and concerns. Seek out couples therapy to work through your issues with the guidance of a professional. Make a conscious effort to improve communication and actively listen to each other’s perspectives. Consider taking time apart to reflect on the relationship and work on personal growth. Finally, prioritize self-care and nurture your own well-being. These steps can serve as a foundation for potential reconciliation and may help avoid the need for legal action.

Understanding When it’s Time to Seek Legal Counsel for Marriage Problems

Navigating the decision to seek legal counsel for marriage problems can be challenging. However, there are certain circumstances where it may be the right choice for you and your spouse. If you have exhausted all other options, such as counseling and mediation, and your marriage continues to deteriorate, it might be time to consult with a lawyer. This is especially true if there are issues such as abuse, addiction, infidelity, or financial mismanagement involved. Seeking legal counsel can provide you with the necessary guidance and support to protect your rights and ensure a fair outcome. Remember, reaching out for professional help is a brave step towards finding resolution and ultimately, your happiness.

What to Expect when Contacting a Lawyer: Preparing for the Initial Consultation

When it comes to seeking legal counsel for your marriage problems, the initial consultation with a lawyer is a crucial step. During this meeting, you can expect the lawyer to ask you various questions about your marriage, the issues you’re facing, and your goals for the future. It’s important to come prepared with any relevant documents or evidence that can support your case. The lawyer will also explain the legal process, including the potential outcomes and the costs involved. They will provide guidance on the best course of action and help you understand your rights and options. Remember, this initial consultation is an opportunity for you to assess if the lawyer is the right fit for you and your situation. Don’t be afraid to ask questions and address any concerns you may have. By being well-prepared and open during the consultation, you can set the foundation for a successful legal partnership.

How a Lawyer Can Assist in Dealing with Marriage Issues

In times of marital turmoil, a lawyer can be a valuable ally. They have the expertise and knowledge to navigate the legal complexities that arise during a troubled marriage. A lawyer can provide guidance on various issues such as divorce, child custody, property division, and spousal support. They can advocate for your rights and ensure that your voice is heard throughout the legal process. Additionally, a lawyer can help you understand your options and make informed decisions that align with your goals for the future. By enlisting the help of a lawyer, you can gain peace of mind knowing that you have a skilled professional by your side to help you navigate the difficult waters of a troubled marriage.

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.

Finding the right divorce attorney is key to achieving a smooth divorce process. Having an experienced and knowledgeable divorce attorney by your side can make all the difference in getting through the process with as little stress and complications as possible. With so many divorce attorneys out there, it can be difficult to find the right one for your needs. In this blog post, we will provide you with tips and guidance on how to find the right divorce attorney for you.

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.

What to Look for in a Divorce Attorney

When it comes to finding the right divorce attorney, there are a few key factors you should consider. First and foremost, you want to find an attorney who specializes in family law and has experience handling divorce cases. Family law is a complex field, and having an attorney who is knowledgeable in this area will ensure that they understand the nuances of divorce proceedings and can provide you with the best advice and representation.

Additionally, it’s important to consider the attorney’s reputation and track record. Look for reviews and testimonials from previous clients, as this can give you insight into their success rate and how they handle their cases. You want an attorney who is respected in the legal community and has a track record of achieving favorable outcomes for their clients.

Another factor to consider is the attorney’s approach and philosophy. Divorce can be emotionally challenging, so finding an attorney who understands and respects your needs and goals is crucial. You want an attorney who is not only knowledgeable and skilled, but also empathetic and supportive. During your initial consultation, pay attention to how the attorney communicates with you and whether you feel comfortable discussing your personal situation with them.

Lastly, it’s important to consider the attorney’s availability and responsiveness. Divorce proceedings often involve tight deadlines and quick turnarounds, so having an attorney who is accessible and responsive is essential. You want an attorney who will promptly return your calls and emails, and who will keep you informed throughout the process.

Referrals and Recommendations

When it comes to finding the right divorce attorney, one of the best ways to narrow down your options is by seeking referrals and recommendations from trusted sources. Friends, family members, or colleagues who have gone through a divorce can be valuable resources in finding an attorney who has provided them with quality representation. Their firsthand experiences can give you insights into the attorney’s strengths and weaknesses, helping you make an informed decision.

In addition to personal referrals, you can also seek recommendations from other professionals who work in the legal field, such as lawyers practicing in different areas of law, therapists, or even financial advisors. These professionals often have a network of contacts and can point you in the right direction.

Furthermore, don’t underestimate the power of online reviews and testimonials. Websites like Avvo, Martindale-Hubbell, or even Google can provide you with valuable feedback from previous clients. Reading through these reviews can give you a sense of how satisfied clients have been with the attorney’s services and how well they were able to navigate the divorce process.

However, keep in mind that referrals and recommendations should not be the sole basis for your decision. Everyone’s situation is unique, and what worked for someone else may not necessarily work for you. It’s important to conduct your own research and interviews to ensure that the attorney is the right fit for your specific needs and circumstances.

In the next section, we will delve into the process of interviewing potential attorneys and how to gauge whether they are the right match for you. Stay tuned!

Interviewing Potential Attorneys

Finding the right divorce attorney is a crucial step in achieving a smooth divorce process. Once you have narrowed down your options through referrals and recommendations, it’s time to take the next step: interviewing potential attorneys. This is an important part of the process as it allows you to gauge whether they are the right match for you.

During the interview, make sure to ask about their experience handling divorce cases and their knowledge of family law. It’s essential that they have a deep understanding of the legal aspects of divorce and can provide you with accurate advice and representation.

Additionally, pay attention to their communication style and how comfortable you feel discussing your personal situation with them. Divorce can be emotionally challenging, so having an attorney who is empathetic and supportive is crucial.

Furthermore, don’t be afraid to ask about their availability and responsiveness. Divorce proceedings often involve tight deadlines, so you want an attorney who will be accessible and responsive to your needs.

Lastly, take the opportunity to discuss fees and costs during the interview. It’s important to have a clear understanding of their fee structure and whether it aligns with your budget.

Overall, the interview process is your chance to evaluate whether the attorney is the right fit for your needs and circumstances. Trust your instincts and choose an attorney who you feel confident in and comfortable working with.

The Importance of Communication and Comfort

One of the most crucial aspects of finding the right divorce attorney is ensuring that they prioritize effective communication and provide you with a sense of comfort throughout the process. Divorce is a highly emotional and sensitive matter, and having an attorney who understands and respects your needs can make all the difference in your experience.

Communication is key when it comes to navigating the complexities of divorce proceedings. Your attorney should be someone who is not only skilled and knowledgeable in family law, but also takes the time to listen to your concerns and address any questions you may have. They should keep you informed about the progress of your case, explain legal terms in a way that you understand, and provide regular updates on any developments.

Comfort is also essential in choosing the right divorce attorney. Divorce can be an incredibly challenging and stressful time, so finding an attorney who is empathetic, supportive, and non-judgmental can help ease the emotional burden. They should create a safe space for you to openly discuss your personal situation and feelings, without fear of being dismissed or belittled.

During the initial consultation with potential attorneys, pay close attention to how they communicate with you. Do they actively listen and show genuine interest in your case? Do they provide clear explanations and reassurances? Trust your instincts and choose an attorney who makes you feel heard, understood, and at ease.

Remember, effective communication and comfort go hand in hand when it comes to achieving a smooth divorce process. By prioritizing these qualities in your attorney, you can navigate the challenges of divorce with greater confidence and peace of mind.

Evaluating Fees and Costs

Evaluating fees and costs is an important step when it comes to finding the right divorce attorney. Divorce can already be a financially draining process, so it’s crucial to have a clear understanding of the attorney’s fee structure and whether it aligns with your budget.

During the initial consultation with potential attorneys, don’t hesitate to discuss fees and costs. Ask about their billing method, whether they charge an hourly rate or a flat fee, and what additional expenses you can expect. It’s essential to have transparency regarding costs from the beginning to avoid any surprises later on.

Keep in mind that while fees are important, they shouldn’t be the sole determining factor in your decision. It’s important to find an attorney who offers a fair and competitive fee structure, but also provides quality representation and meets your specific needs and circumstances.

Additionally, consider whether the attorney offers any payment plans or financing options, especially if you are concerned about the cost of legal representation. Some attorneys may be willing to work with you to find a payment arrangement that suits your financial situation.

Ultimately, finding the right divorce attorney involves weighing the costs against the value of their services and expertise. It’s important to strike a balance between affordability and quality representation to ensure that you are making a sound investment in your future.

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.

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.

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.

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.