Family
Law
Divorce
Dissolution
of Marriage involves resolution of issues that are extremely important
to the separating parties. As a Certified Specialist in Family Law,
Mr. E. Gary Smith can be of great assistance.
The
California State Bar certifies certain specialties to help the public
identify attorneys who have demonstrated proficiency in particular
fields. A Certified Specialist is more than just an attorney whose
practice focuses on a particular area of the law. A Certified Specialist in Family Law must take and pass a
written examination, demonstrate a high level of experience, fulfill
extra ongoing education requirements, and be favorably evaluated by
other attorneys and judges familiar with his work.
The more complicated the situation, the more reason to consider
hiring an attorney who specializes in Family Law and who is committed
through certification to maintaining his proficiency. Working with Mr. Smith is an excellent team of attorneys,
paralegals, and secretaries.
Divorce (dissolution of marriage) issues include future parenting plans for the
minor children (custody), child support, spousal support (alimony),
characterization of property as separate or community property, valuation
of property, and division of property. Sometimes a dissolution of
marriage proceeding also involves obtaining or defending against restraining
orders to protect one or the other party and/or the children in connection
with allegations of domestic violence.
Smith, Smith & Blonska, LLP competently and efficiently explains
all issues to its clients, and aggressively works with its client
to resolve each issue in the best interests of the client. Sensitivity
is always applied to special needs and problems during this difficult
process. While there are many forms to be filled out, the expertise
required to properly represent a party in a dissolution of marriage
goes far beyond forms, and an attorney's thorough knowledge of and
experience with the substantive law is necessary to adequately protect
the client. Smith, Smith & Blonska, LLP has this expertise and experience.
Mediations
When the parties are communicating
effectively, and both want to resolve the issues involved in a divorce,
mediation is a preferable and inexpensive alternative to adversarial
representation. E. Gary Smith, senior partner at Smith, Smith & Blonska, LLP, is a specially trained and experienced family-law
mediator, having met the requirements of the California Dispute Resolution
Programs Act. He can mediate all issues, as well as draw up the paper
work after resolution has been reached. Advantages to mediation: First,
the parties themselves work out the plan, rather than having a plan
imposed on them by a judge. Such plans are more likely to be followed.
Second, mediation removes the animosity often involved in reaching
the final plan that is inherent in the adversarial process with lawyers
fighting on either side. Third, mediation can save significant money
in attorneys' fees. Smith, Smith & Blonska, LLP, will mediate
for a flat fee of $800 for up to a four-hour session, plus the hourly
cost of preparing the paper work. A single session is usually enough
to resolve the issues, but even two four-hour sessions almost always
cost less in fees than a litigated procedure.
Modifications
Smith, Smith & Blonska, LLP HANDLES MODIFICATIONS OF A DIVORCE JUDGMENT
AFTER IT HAS BEEN ENTERED.
What Kind of Things
Can Be Modified?
·
CHILD CUSTODY:
Many things can require the original parenting plan to be modified.
For instance, one of the parents moving away from the local area, inability
of one parent to continue providing care, alcohol or drug problems,
employment scheduling which interferes with the ability to be with the
children, etc.
·
CHILD SUPPORT:
Some of the things that may give grounds for modification of child support
include a change in the respective earnings of the parents, a change
in the amount of time a parent spends with the children, one of several
children reaching the age of majority, or any other matter which impacts
on the finances of the parties or the share of time each parent has
the children.
·
SPOUSAL SUPPORT:
Some of the things that may give grounds for modification include a
change in the respective earnings of the parents, the length of the
marriage compared to the length of time spousal support has been paid,
new sources of income, re-marriage of a spouse, etc.
·
DISTRIBUTION OF
ASSETS/OBLIGATIONS: Usually these matters are final after the judgment.
However, sometimes an asset was not included in the original judgment,
or the judgment anticipated something to be done with respect to an
asset or obligation--for instance, distributions of pension plan benefits,
or proceeds from the sale of a home.
Property
Settlements Allocation
and characterization of property and debts is an important part of
the dissolution of marriage proceedings. All assets and debts must
be characterized as community property or separate property, and there
are overlaps between the two. For instance, even a home owned before
marriage by one party which stays in the name of that spouse throughout
marriage, may have a portion of its value characterized as community
property. When property changes from separate property to community
property during marriage, important calculations determine what portion
of its present value is to be attributed to separate and what portion
to community. In addition to characterization of property, valuation
is also very important. Not only the value, but the date of valuation
can affect the relative value to the respective spouses. Examples
of assets subject to the requirement of characterization and valuation
include businesses, pension plans, security portfolios, etc. Smith, Smith & Blonska, LLP is experienced in the handling of property issues,
and works with qualified expert appraisers to maximize the benefit
to its clients.
Custody/Visitation
A
parenting plan can often be the most difficult issue to resolve as
parents separate. Smith, Smith & Blonska, LLP work with their client
to effect a plan which will be for the best interests of the children,
while still promoting the parents' ability to maintain a relationship
with the children, including frequent and substantial time with them.
Of course, where the best interests of the children would be impaired
by spending time with a parent who, for a variety of reasons, would
not provide appropriate parenting, then Smith, Smith & Blonska, LLP
assists their clients in adjusting custody plan toward the better
parent. These issues are often emotional, and can have a lasting impact
on the permanent relationship between parent and child. It is therefore
important that an attorney be chosen that is aggressive, sensitive,
and effective.
Support
In
California child support is calculated by a complex formula that,
in practice, is computed through a software program. The court is
obligated to follow the computer numbers; however, the variables that
are entered into the computer are subject to the same evidentiary
requirements as any other type of information. The most important
of those variables are the relative gross monthly income of the parents
and the percentage of time each parent spends as the custodial parent.
In certain situations tax considerations can be utilized to increase
the amount of money available to both parents. Spousal support is
not calculated by computer, and relies on such factors as length of
the marriage, relative income of the parties, marital standard of
living, needs of the parties, health and age of the parties, etc.
Smith, Smith & Blonska, LLP is committed to aggressive representation
on all support issues.
Restraining
Orders
California courts do not
tolerate domestic violence. When it occurs and there is a danger of
further violence, Smith, Smith & Blonska, LLP can obtain ex-parte temporary
restraining orders very quickly. There are also times when a party
is charged with domestic violence wrongly, and in those cases Smith, Smith & Blonska, LLP aggressively defends the wrongfully charged party.
Cases involving any allegation of domestic violence or molestation
must be taken very seriously, and capable counsel is of the utmost
importance.
THE TOTAL COST
WILL DEPEND ON SEVERAL FACTORS:
·
THE
EXTENT TO WHICH THE PARTIES AND THEIR ATTORNEYS ARE WILLING TO WORK
COOPERATIVELY toward a solution is the biggest variable in the cost
of a divorce. Smith, Smith & Blonska, LLP is committed to working toward
settlements and avoiding costly and time-consuming legal battles.
We encourage our clients to be reasonable, and when the parties are
working well together, we do not become "deal busters" just
to run up legal fees through protracted fighting. In fact, when the
parties have already agreed to most things, before contacting us,
we can do the paper work to finalize the divorce for a minimal fee.
On the other hand, there are times where an aggressive and firm stance
is required in order to protect our client's rights, and in those
cases, we fight for our clients all the way
·
THE
AMOUNT AND COMPLEXITY OF ASSETS AND OBLIGATIONS inevitably impact
the cost of a divorce. If the assets and obligations are extensive
and complicated in their nature, sorting out the appropriate shares
for an equal division of Community Property may take some work.
·
ISSUES
INVOLVING CUSTODY OF CHILDREN may be complex. What the parenting plan
will be (that is, which parent will have the children for what part
of the time) can sometimes become contentious, especially since, in
California, the amount of time each parent has with the children will
impact on the child support required. To the extent the parents can
agree on a parenting plan, the legal costs will be less.
·
ISSUES
INVOLVING CHILD SUPPORT will require an analysis of the respective
earnings and expenses of the spouses, the number of children, and
the amount of time each parent will be spending with the children.
In California, these variables are inserted into a computer program
which then gives a "Guideline Support" which the court must
follow in entering its order. Smith, Smith & Blonska, LLP has this
computer program and can quickly provide estimates of child support,
pending final determination of the exact variables, at which time
the support can be computed precisely. To the extent these variables
are complex or simple, the legal costs will be more or less.
·
ISSUES
INVOLVING SPOUSAL SUPPORT depend on, among other things, the length
of the marriage, the amount of and disparity between each parent's
ability to earn, and the actual income and expenses of each spouse.
To the extent these variables are complex or simple, the legal costs
will be more or less.
·
THE
RATES AND EFFICIENCY OF THE ATTORNEY can make one of the biggest differences
in the cost of a divorce. If a lawyer is inefficient or carelessly
allows unnecessary, contentious fights, the number of hours billed
can be very high. The key to holding down costs is to have an average
billing rate that is reasonable, and a firm which is committed to
doing things efficiently, in the least amount of time consistent with
the results. Obviously, there are times when an attorney has to battle
all-out, because of the importance of the money or the issues involved.
When that is the case, Smith, Smith & Blonska, LLP puts its full litigation
experience and aggressive abilities into play.
To
make an appointment please call (714) 565-7800
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