Many high net worth couples don’t want the world knowing all their assets and financial particulars, but a divorce settlement is supposed to be a public document – so what do they do?

Lawyers being lawyers, of course we’ve found a way around this, and I explain it in this video. If you want more information please feel free to contact me at david@mensfamilylaw.com or call us at 310.664.9969.

As divorce attorneys in Southern California, we’ve handled cases from small to huge, from simple to very complex. In the past 19 years, there is almost no situation that we haven’t come across and handled for our clients. Whether it is finding the hidden money, or that “secret” marriage of the ex-spouse so that she can continue to collect on the court ordered spousal support – we’ve served our clients.

If you need to get a divorce, but also need to keep your assets private, we can do that.

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If you’ve been served with a Petition and Summons, and you come to my office, I can pretty much guarantee what the top two questions you have for me. I’ve answered them probably 4,000 times over the past 19 years of being a divorce and child custody lawyer. It happens in domestic violence cases, in paternity cases and always in marital dissolution cases.

In this latest video I answer those questions. If you need more information about the divorce process, or how to have more parenting time with your children, feel free to email me or call us at 310.664.9969.

 

 

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Hey guys, I built out a video podcast series that you can download from iTunes, or see episodes here, or watch all my videos on the Men’s Family Law channel at www.YouTube.com/Mensfamilylaw

I have about 600 questions I’ll be answering on the new video family law podcast – BUT if you have a burning question that I’ve not answered yet – shoot me an email at DAVID@MENSFAMILYLAW.COM and I’ll try to make a video for you! If you want a shoutout – let me know and I’ll mention you by name.

The goal of this video podcast is to answer questions about divorce, child custody, alimony, domestic violence, marital dissolutions, prenuptial agreements, premarital agreements, child support, spousal support and parenting plans. I’ll be offering strategies on going in to court so that you know what you’re facing.

Family law has a form for just about everything, there’s the Petition, the Response, Request for Orders, Request for Alimony, Request for Attorney’s fees, Request for visitation, Domestic Violence Restraining Order applications, and Responses to all of that.

It’s all very confusing, and I hope to explain it so you have a better understanding of what is expected of you in court.

Thanks for watching, and remember – a cheeseburger and a chocolate shake can get you through just about everything.

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Rich people problems! What do you do when your spouse takes the $35,000,000 Picasso and leaves you a copy they painted in it is place? you call your publicist! Seriously, that has to be how this story got into the media.

Billionaire Bill Gross and his wife were splitting up their art collection – using a coin toss like you do – and she was awarded various pieces. Turns out she’s also a pretty good artist herself and she had painted copies – so she left one in the place where the $35 million dollar Picasso had been.

At least she left him something to remember her by.

If you are splitting up the assets in your divorce, sometimes using the coin toss method can work – if you are getting along fairly well. other times, we have used methods like pieces of paper in a hat, alternating choices as an inventory is done but most often the men are just so exhausted emotionally they just leave everything- which is fine, but be sure to get a valuation done so that you can use it to equalize up the money later.

Divorces are ugly and painful, but they don’t have to be financially devastating if you plan for it, and have a strategy. If you want help, give us a  call.

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Hey Guys, I’ve been writing for the GoodMenProject.com for years. You may have read my articles on contraception for teens or about my documentary What About The Men? regarding domestic violence and male victims. I’ve covered legal issues and empowerment issues to make it possible for men to be better men.

I  believe that it takes a man to teach a man how to be a man, and I support the work that GoodMenProject.com does with an annual membership and my writing. I’m asking you to help out as well. For as little as $5.00 you can support and grown a new media company that is creating dialogue about and between men on a HUGE VARIETY of topics.

They’re running an Indiegogo.com campaign here and they could really use your support. Every little bit helps, especially in the beginning to get momentum going with the Indiegogo algorithms.

Thank you for being a supporter of mine,and if I can help you out, please feel free to email me.

I know donations can be hard to come by, espeically if you’re fighting for your children or to pay your child support, but a $5.00 donation now will really help out the GoodMenProject Indiegogo campaign, and keep them growing in ways to serve you and the sons of tomorrow!

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Prenuptial Agreements

Published on 30 May 2017 by in blog

Prenuptial Agreements

Prenuptial

Memorial Day is in the rear view mirror and we are rounding the corner into June, the most popular month to get married in the United States.  Unfortunately, many of these marriages will not make it, and a prenuptial agreement is a solid, but not ironclad, tool to aid in a cleaner split in the event of a divorce.

A prenuptial agreement is a written document, signed before marriage, which allocates the assets and debts of each respective party.  The agreement can set aside hard assets such as homes, cars, and boats; as well as financial assets like pensions and accounts.  Provisions in the agreement can also bind parties to waive their spousal support in the event of a divorce.

Prenuptial Agreements are also useful in protecting the inheritance for children of prior marriages, and protecting business interest’s one spouse may have from before marriage.

Although effective, these agreements are not bulletproof, and are susceptible to interpretation by a judge.  For example, there may be a provision in your prenuptial agreement which waives financial support.  A judge may decide the financial situation has changed since the agreement was signed (one party’s income has significantly increased or decreased) and financial support is now needed.

Child support is an area that a prenuptial agreement cannot cover.  Child support is a separate issue from spousal support, and any other issues covered by a prenuptial agreement.  Child support is determined at the time of the child custody matter and is based on how much time each of you has with the child, as well your respective incomes.

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What is the Difference Between Domestic Violence and Domestic Abuse?

Domestic Violence and Abuse as a Abstract

Domestic abuse and domestic violence are two terms which hold a great deal of weight in family law courtrooms. Both are used to secure domestic violence restraining orders, and the prevention of domestic abuse, and violence, is one of the highest priorities for family law judges nationwide.

While these terms are frequently used interchangeably, and have similar definitions, there are nuanced differences between the two.

The State of California defines Domestic Violence as: Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.

Within that definition of domestic violence, and within the laws that govern them, the State of California says domestic abuse is: Physically hurting or trying to hurt someone, intentionally or recklessly; Sexual assault; Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.

Given those two definitions, domestic violence is the overarching, all-encompassing, umbrella under which many different types of abuse falls under. As we can see by the definition of abuse; abuse is not just direct physical or sexual violence. Abuse includes threats, intimidating or threatening behavior and speech, and financial abuse.

Let’s say you and your wife get into an argument over what is for dinner. She wants chicken, you want steak. As the argument escalates, you raise your voice, and the conversation disintegrates into a yelling match. If this makes her fearful, or “disturbs her peace”, then that qualifies as domestic abuse. Under the law, she will be entitled to seek a domestic violence restraining order.

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Wednesday Book Review For You!

Published on 18 May 2017 by in blog, Podcasts

Los Angeles family law attorney David Pisarra reviews the book, “A Family’s Heartbreak” by Mike Jeffries.

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What is Battery?

Published on 16 May 2017 by in blog

What is Battery?

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Under California Penal Code 242 battery is defined using the following elements:

  • You touched someone else,
  • Willfully
  • In an offensive or harmful manner.

The code does not have any limit on how insignificant the touching is. Deliberate acts from pushing someone, poking a finger in someone’s chest, to a full on physical altercation with someone all fall under the offensive “touching” used by the Penal code to describe battery.

Willfully means that the act was done on purpose and not by accident. For example, a husband and wife get into an argument. The wife picks up a lamp and throws it across the room. The lamp strikes her husband in the head. Although she did not intend to hit her husband with the lamp, she willfully threw the lamp. This would be considered a battery under California law.

Touching in a harmful or offensive manner is described as violent, rude, angry or disrespectful. The requirement that the touching be harmful or offensive is important because it distinguishes a battery crime from insignificant daily touching. For example, me and Dave do not like each other, but we work together. One day he closes a big sale and as I walk by him I say “good job” and pat him on the back. Although he does not like me, and is upset by the fact that I touched him; it is not a battery because the contact was not intentionally offensive or harmful.

Many people confuse assault with battery because the terms are often used together. The difference between assault and battery is simple. An assault creates a fear in the victim of physical harm or unwanted touching, and battery is the actual infliction of physical harm or unwanted touching.

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What Is Assault?

Published on 09 May 2017 by in blog

What Is Assault?

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Under California Penal Code 240 assault is an action that may inflict physical harm or unwanted touching on someone else. Further it describes assault using 4 points, or elements that must be proven for an assault to have taken place. They are as follows:

  • You did an act that, by its nature, would probably result directly in the application of force to someone else;
  • You did that act willfully;
  • When you acted, you were aware of facts that would lead a reasonable person to believe that the act would directly and probably result in the application of force to that person; and
  • When you acted, you had the present ability to apply force to that person.

Notice how no actual physical violence is needed to satisfy all the elements of this definition. The only thing necessary is the perception that violence will occur. Let’s go through an example and you can see how this scenario plays out.

Dave and I get into an argument at work. We have words with each other and it escalates quickly. I lose my temper and get right up in Dave’s face and begin screaming. I am standing inches apart from him, with my fists balled up in anger, yelling at him. Have I just committed an assault?

Absolutely.

Lets takes the first element of assault – “You did an act that, by its nature, would probably result directly in the application of force to someone else.” I have done several acts that satisfy this element. First, I am in David’s face inches away from him. Second, I have my fists balled up in anger, which is action. Finally, I am yelling.

The second element is satisfied because this was no accident. I did those things willfully.

The third element is satisfied because as a result of my action, a reasonable person would believe that my behavior would result in an application of force.

Finally, I am a able bodied male fully capable of applying force to David.

According to the definition of assault, as defined by the Penal code, there is a range of scenarios which could be deemed assault. The common misconception is that one needs to inflict physical violence on a person to be guilty of assault. As you can see that’s not the case. You don’t even need to touch another person, just the threat that you may harm that person is enough to justify an assault charge.

To prove an assault charge in a criminal matter one must prove beyond a reasonable doubt that this occurred.  In a civil matter, the standard of proof is much lower.  Only a preponderance of evidence has to be proved.

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