Recent Blog Posts

Are you heading for Divorce? Text, Tweet and Facebook with Caution

Diane Singleton — Wed, 16 May 2012 19:00:00 GMT

Couples who find themselves heading down the road of a vicious divorce should be careful with their texting, Tweeting, and use of Facebook, because it could be used as evidence against them in court. Facebook posts that reflect a negative image could be printed and shared as evidence that you are not a fit parent.

The best advice is to refrain from using written communication with your soon-to-be-ex which could potentially damage your future divorce settlement negotiations. Assume that anything that is in writing will someday be seen by a judge. So, if it is not something that you don't want a Family Law Judge to see, don't write it down. For example, texting a friend regarding a recently purchased summer home in Maui, while in the process of a property negotiation, really is not a good idea. You might have the ability to erase your information, but not theirs. To receive the best possible advice for your individual situation, consult a Murrieta Divorce Attorney.

Singleton Smith Law Offices has the experience you need in assisting in matters of divorce, child custody, visitation, paternity, child support, and spousal support. It is important that one of Singleton Smith's divorce attorneys assist you in protecting your family and your rights. Please call our office today.

The Court made a Mistake

Diane Singleton — Wed, 11 Apr 2012 08:00:00 GMT

What do I do if the court made a mistake in my Family Law case?

The quick answer is ….it depends.

The real question is whether the courtroom clerk made a mistake or did the judge or commissioner make a mistake. There is a distinct and important difference. The courtroom clerk is tasked with the difficult job of summarizing what happens during a hearing or trial and typing that summary, and court orders, into the court actions and minutes.

Hearing and trials are common in divorces, child custody and visitation issues. Occasionally, the clerk makes a mistake such as misstating what the judge or commissioner ordered. This can be a problem because other judges, attorneys or parties look at those minutes to determine what orders were made or what occurred at a prior hearing. If you catch this problem within a day or two of the hearing, first call the clerk or the courtroom and ask the clerk how she suggests you proceed. You can also go to the court and inquire in person. The court can correct the error.

If more than a few days have passed, you may be forced to file a motion or Order to Show Cause requesting the correction. To show evidence of the error at your hearing, call the court reporter and request a transcript of your hearing or trial. Make sure you provide a copy of the transcript to the other party before the hearing. One of our experienced Murrieta Family Law attorneys can help guide you through the process. If the judge/commissioner made an error, you may need to consider an appeal or a motion to reconsider. You will need the experience of our Family Law Murrieta attorney.

Dividing Pensions and Retirement Plans

Diane Singleton — Tue, 20 Sep 2011 03:11:00 GMT

What happens to my retirement funds upon divorce? It is a common question and something that requires concern. The default rule is that retirement funds, pensions, 401k plans that are earned during the marriage are community property. That means for the period you were married, your spouse is entitled to half of the interest in the asset. This does not mean that your spouse is entitled to the asset for the period before the marriage or after separation. To better illustrate this, an example may be helpful. Jane and John are married in January 1990 and separate in January 2000. John has worked for his employer since 1980 and is still working currently. Jane could have an interest in John's retirement from marriage, January 1990 to separation January 2000. Her interest is one half of that 10 year period. Her interest ends at separation and she has no interest before the marriage. Clearly, these are very complicated issues. It is best to deal with an experienced Murrieta family law attorney in protecting your assets. Don't try to navigate these waters on your own. Call our office for a free consultation.

Does Fault Matter in California Divorce?

Diane Singleton — Fri, 17 Sep 2010 02:44:00 GMT

He cheated. She cheated. Does it matter in divorce proceedings in California? Clients regularly have their own story about how awful the other side has behaved to cause the divorce and they want the other person to suffer. The simple answer is who cheated, spent all of the money or misbehaved is irrelevant to the entire divorce proceeding. Irreconcible differences is the most common reason people file for divorce and the court simply will not question what you have or have not done to try to reconcile. It does not matter. If one party to the divorce wants a divorce then the court will give it to them. If one of you is battering or abusing the other or the children, this may be grounds for a restraining order and the abuser may be forced to leave the home and stay away from you and your children. Divorce can be complicated and there are always nuances to your situation that may impact how the divorce should proceed so it is always best to consult an attorney. The facts of your case may affect child custody and visitation. Our experienced Southwest Riverside family law attorneys can assist you in assessing your situation. Initial consultations are free.

Child Support and Spousal Support During Divorce

Diane Singleton-Smith — Sat, 28 Aug 2010 21:45:00 GMT

People regularly question how they are to survive while the divorce is pending. Stay at home parents who raised the children or even those who are just unemployed and counted on their spouse's income during the marriage, wonder where am I going to get money to live on while the divorce is ongoing.

The law provides that while the divorce is pending, spouses may be eligible for temporary spousal support (no longer called alimony) and child support while the divorce is in progress. The law provides for a guideline calculation based on each party's income, tax withholdings and the time spent with the children (in considering child support). The courts use a computer program in determining the amount. The party seeking the support must bring a motion to the court in order for the support order to be made.

Singleton Smith Law Offices has the experience you need in assisting in matters of this nature. It is important that one of Singleton Smith's child support and spousal support attorneys assist you in getting a fair support order. Please call our office today.

Considerations in Preparing for Divorce

Diane Singleton-Smith — Thu, 08 Jul 2010 02:35:00 GMT

If you are considering getting a divorce, pre-planning is essential to protect yourself and your assets. Here is a pre-planning checklist:

Consult a lawyer immediately. Every person's situation has unique issues and no checklist can be all inclusive. The Murrieta divorce lawyers at Singleton Smith Law Offices provide a free initial consult.
Learn what assets you have and keep a folder accounting for all of it. Most assets gained during a marriage are considered community property (property you both own) and the spouses have a 50% interest in the property, regardless of title. Locate and keep a copy of the last six months of bank statements and two years of tax returns. Keep copies of your paystub and your spouse's for the last six months. Copy all documents related to pensions, IRAs, stocks, bonds, annuities or any other asset for at least the last six months. When in doubt keep a copy.
Stash some cash. Set aside some money in a separate account without your spouse's name in the event you need to pay for expenses post separation and you do not have a job. Stay at home moms, you may find yourself living without income up to 90 days contingent on the court system. The money you and your spouse earn while married is both of yours so it is not stealing.
Inventory your household items. Make a list of all of the personal property you own with your spouse or separately(furniture, televisions, appliances, etc.). Consider listing even those items that have only sentimental value because one of you will get that property. Worried that your spouse will take the property and deny its existence, take a picture of the property in your house, especially valuable items. Look in your safe or safe deposit box to be sure you know the contents.
Consider how to handle splitting up with your children. Certainly, children are the most important thing and most of you have already considered this one, but remember the courts will want to give visitation to the other parent. In most cases, sole legal and sole physical custody is not likely to be given to one parent. Try to come up with a reasonable visitation schedule and keep the children out of the problems that arise in your divorce.

Again, this list does not apply to all divorces and Singleton Smith Law Offices highly recommends you consult with one of our knowledgeable Murrieta divorce attorneys to determine all of your pre-divorce planning issues.

Welcome to our Riverside Family Law Blog

Riverside Family Law Attorney — Thu, 03 Jun 2010 00:23:00 GMT

We are pleased to announce the launch of our Riverside Family Law Blog