
Archive for November, 2008
Monday, November 24th, 2008
If you have ever had doubts about whether or not you are the father of a child that is supposedly yours, you know how much stress a situation such as this can cause. Parenthood is supposed to be about joy and excitement, but if you are having doubts about being the biological father of your children, you are probably feeling more worry and stress than any other emotion.
If you are not sure if you are the biological father of the children that are supposedly yours, you might want to look into the option of Orange County paternity. By utilizing this option, you will be able to find out for sure whether or not you are the biological father. In most cases, there is no sense in putting off this option and continuously worrying about whether or not you are the father.
If you are considering moving forward with a test to prove or disprove your Orange County paternity, you might want to hire the help of family law. Having legal professionals on your side can make a big difference in a case such as this. Family law can be particularly helpful if you are utilizing the option of proving or disproving your fatherhood in a support or custody case.
Parenthood can be a very joyous thing in your life, but if you are doubting whether or not you are the biological father of your children, you probably are not feeling much joy. Remember, you have the option of moving forward with an Orange County paternity test to find out for sure whether or not you are the father.
Tags: Child Custody, orange county, orange county child custody, orange county child support, orange county family law, orange county paternity, paternity Posted in Family Law | Comments Off
Friday, November 21st, 2008
One of the most complicated issues in a divorce case can be the valuation and division of a family business. In some cases, there is a disagreement regarding which spouse should be awarded the business. Hence, there might be litigation regarding who should receive the business.
However, most of the litigation in an Orange County divorce will be regarding the value of the business and its cash flow. If there is an agreement as to who should get the business, the litigation will focus on the value of the business and its cash-flow. As with any area of law, there is room for interpretation and subjectivity resulting in more than one way to value a business. The spouse that will keep the business will generally want to pay as little for it as possible while the other spouse wants to maximize the value of the business.
This difference between spouses can result in each party hiring his or her own forensic accountant (sometimes a joint accountant is hired to save on fees). The forensic accountant will have to decide what method to use for valuation (depending on the type of business one method can be better than others) and the method to determine cash flow. Other considerations that affect the value of a business is whether the business in question is a C corporation or an S corporation. If its an S corporation, the forensic accountant must decide whether tax-affecting should be done.
Tax-affecting is the practice of subtracting income taxes from pretax income to arrive at a net income. Whether tax-affecting should be done or not can have a significant impact on the value of an S corporation and should be carefully considered. Any individual valuation a business should be asked regarding tax-affecting. If the evaluator or appraiser seems confused by this issue, one should consider choosing another expert.
Another issue that affects the value of a business is marketability or the lack of marketability. When a business cannot be readily sold in the open market, the value of the business should be discounted for lack of marketability.
Divorcing couples who have corporations should seek legal advise to make sure the business is properly appraised.
For more information, contact one of our knowledgeable and aggressive attorneys at 800-589-9901 or info@dieferlaw.com.
Tags: appraiser, business expert, C corporation, cash flow, community business, discount, division of business, Forensic accounting, marketability., orange county divorce, S corporation, tax-affecting, valuation of business Posted in Family Law | Comments Off
Wednesday, November 19th, 2008
It is a good idea to be the first spouse to file for divorce if you live in Irvine. While divorcing spouses should be on equal footing with the court, the outcome of some cases can be affected by who files first.
There is some truth to the saying that “you cannot un-ring a bell.” In divorce cases, especially cases dealing with custody, it is crucial to be the first in line and raise issues or facts to the court that favor your case. There can be a significant advantage in a custody case to the party that is the moving party. This is especially true when there is abuse, neglect, or emotional harm. It is important that in such cases, the complaining-spouse be the first to file.
First, the complaining-spouse wants to make sure to protect the children exposed to such abuse. Second, if such facts exist, the court will want to see the complaining-spouse take immediate action. The longer a complaining-spouse waits, the less credibility or urgency his or her complaints will have. Lastly, if the other spouse believes the complaining-spouse will file a motion raising these facts and allegations, the alleged guilty-spouse will want to file first and “take the wind out of the sails” of the complaining-spouse’s arguments.
Therefore, it is important that a person seeking divorce advise consult with an Irvine attorney as soon as possible since in many cases timing will be relevant.
For more information, please contact one of our caring and aggressive attorneys at 800-589-9901 or info@dieferlaw.com.
Tags: , abuse, advantage to file first, aggressive, caring attorneys, custody case, emotional harm, filing spouse, first to file a divorce, Irvine Attorney, Irvine divorce, moving party, neglect Posted in Family Law | Comments Off
Wednesday, November 19th, 2008
Dangerous situations occur in life. Unexpected things happen and sometimes these situations end in tragedy. Not all situations have to escalate to the point where they may end in tragedy, and this includes if you are feeling threatened by another person.
If you have been feeling threatened by someone else and feel that you need legal action to protect yourself, you might want to look into the option of filing an Orange County restraining order. Once filed, an order such as this can help keep a distance between you and the person that has been threatening you.
There are many common cases when people choose to move forward with filing an Orange County restraining order. If you are in a relationship with someone that is abusing you in any way, you may have the option of filing an order and escaping the relationship and the person that is being abusive towards you. There are many times when someone is feeling threatened by someone they work with and do not know what to do. In this type of situation, the person being threatened may also have the option to file an order. There are several other situations where an order would be applicable so it may be a good idea to hire a legal professional to help you determine if your situation warrants filing such an order.
In addition, there are several different types of orders and, depending on your situation, you may have to file a specific type of Orange County restraining order. This is also where the help of a legal professional could come into use, because they could help you to determine which type of order you should file.
Tags: Family Law, legal, orange county, orange county family law, orange county restraining order, restraining order Posted in Family Law | Comments Off
Wednesday, November 19th, 2008
Life is extremely unpredictable. One day everything in your life could seem in order and happy while the next day everything could change for the worst. The same can be said for relationships. A relationship that you thought was healthy could suddenly change and the person that you are in a relationship with could suddenly seem like someone else.
If you are in a situation where someone else is making you feel threatened or uneasy, you might want to look into the option of requesting an Ontario restraining order. Orders such as these are available to protect you from someone who you feel threatened by.
There are many types of an Ontario restraining order that are available to request so it really depends on what type of situation you are in to determine which type of order to request. You might want to consult the advice of a legal professional to be sure that you are requesting the correct type. A professional can also be an asset in making sure that your situation warrants requesting an Ontario restraining order and also that you have completed all of the necessary forms. The faster you get the correct forms completely filled out, the sooner you will be protected.
No one should ever have to be in a situation where they feel threatened by someone else, but unfortunately it does happen. Thankfully, if you are in such a situation, there are ways to protect yourself and put some distance between you and the problem so that you will no longer be in immediate danger.
Tags: ca, California, Child Custody, divorce, ontario, ontario attorneys, ontario family law, ontario restraining order Posted in Family Law | Comments Off
Monday, November 17th, 2008
No one can blame divorcing couples in San Bernardino who are looking for fast and affordable divorces. In these times of economic hardships, the last place where individuals want to spend money is divorcing a spouse. As such, it makes sense that couples find alternatives to an expensive and drawn out divorce.
Hiring an attorney to protect your rights does not have to be expensive. In fact, our firms has handled hundreds of inexpensive divorces. Several of the options we offer clients include, mediation, uncontested cases, flat fee cases, and other creative and new methods of representation to keep fees down.
Our Firm understands that a divorce does not need to be contested or expensive and we can use our litigation and trial experience for the benefit of our clients in an effort to settle cases.
For more information on an affordable and fast divorce, please contact one of our attorneys at 800-589-9901 or info@dieferlaw.com.
Tags: billing, experienced attorney, Fast and affordable divorce, flat fee rate, litigation attorney, mediation services, settlement, trial experience., uncontested case Posted in Family Law | Comments Off
Monday, November 17th, 2008
In this current financial market, the value of community assets to be divided in a divorce keep dropping. This is especially true for retirement plans. Although Congress has approved a bailout package, many stocks keep decreasing and so does the value of most retirement plans, especially 401(k) retirements.
Thus, the longer a divorce takes the more these accounts seem to drop. For this reason, it is vital that divorcing couples take appropriate steps to protect their investments. While a non-employee spouse’s interest in a retirement account may be fixed (generally the non-employee spouse receives one half of the community interest from the date of marriage to the date of separation), there are other dangers in waiting to divide retirement accounts and finalizing a divorce.
A non-employee spouse always runs the risk that the employee spouse will borrow against the retirement account or liquidate a retirement account. This is especially true in this market with all the financial difficulties facing individuals. Thus, while a person can wait for the market to rebound and for their retirement plan to increase in value, if the other spouse liquidated the account they may have no recourse. At least not a practical one if the employee spouse is insolvent and cannot repay the money taken from the retirement account.
It is for this reason that it is crucial to act fast when divorcing in Riverside during this economic turmoil. A person must act fast in order to protect his or her property rights and cannot rely or expect that the other person will do the right thing and not exhaust community assets. It is up to each spouse to take affirmative steps to protect his or her interest in a retirement plan.
For more information, contact one of our Riverside County experienced attorneys. Our attorneys will aggressively protect your property rights. We can be reached at 800-589-9901 or info@dieferlaw.com.
Tags: 401(k) Retirement Plan, employee-spouse, investment, liquidation, loan, loss of value to retirement accounts, non-employee spouse, protecting your retirement, Retirement plan, stocks. Posted in Family Law | Comments Off
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