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Don’t believe everything you see on television. Drama in the courtroom is never a good thing for the party trying to gain custody or set child support payments in their favor. If you attempt to either go to court without a Palmdale family attorney or try to do his job for him, the judge will probably not rule in your favor. Let your attorney do his job and you’ll definitely see better results. Go to court with a sense of entitlement and a bad attitude and you’ll be disappointed with the outcome.
There’s a good reason why we have so many lawyers in our society. The law is a complicated subject that should not be played with by those who know nothing about it. Even dedicated study is no substitute for experience. Our firm has been in our local courtrooms many times over the years and we know what is expected of us. The judges we deal with have all dealt with us before and respect the fact that we always come prepared and advise our clients to let the process work for them.
There are certain rights that you have in child custody and divorce proceedings. It’s not as if you are totally powerless, but it is important that you know where your responsibilities end and those of your Palmdale divorce attorney begin. A good rule of thumb is to do all of your talking before you walk into the courtroom. Screaming at the judge about how much of a slug your significant other is will not do anything to help your case. On the contrary, it may bring your own sanity into question.
Decisions are made and deals are struck long before the parties involved go in front of the judge. As your attorney, we will make sure that the points of the agreement are clear and acceptable to both you and the opposing party. If not, we’ll sit down with their lawyers and go back and forth until a resolution is come to. Let us do our job and we’ll get you the terms you’re looking for. That’s what we do, and we’re pretty good at it.
There is no way you will ever allow your annoying aunt to have that beautiful painting that has been passed down in your family for generations, but how will you prevent her from getting it when you die? If you don’t hire a California trust attorney to handle your affairs now, she might just step in and claim it. You might not like it, but she could have a right to it unless you designate its destination in a last will and testament. Even then, she could contest it and present a case for ownership. What else can you do?
Set up a trust fund and have the painting donated to a museum if you can’t think of someone else in the family you’d like to leave it to. An irrevocable trust fund is unbreakable. Auntie can cry all she wants. There’s no way she’s getting the painting. She can come to the Museum of Art and check it out any time she cares to. Knowing its there for all to admire should bring her some joy. At the very least, it will make the other members of your family happy.
Does any of this sound familiar? Everyone has an annoying relative in the family that they don’t want to see any of their belongings end up with upon their death. Some proper estate planning from a trust attorney in California will not only prevent that from happening, it will also allow you to designate any of your assets to parties you want them to go to and ensure that your bills are taken care of and not left behind as a burden to your loved ones. You can actually rest in peace when you’re gone.
Trust funds are particularly important if you have younger children. Set one up early and feed a steady flow of income into it so that your kids will have a nest egg to start their lives out with. If anything happens to you, an executor or administrator can be selected to manage the trust fund and handle disbursements. You can also set a stipulation that no disbursements come out until the children reach a certain age. Ask us about these and other trust fund options when you call.
Stop trying to do it all by yourself. Hire a Lancaster family attorney to handle that child custody case and take your ego and feelings out of the mix. There’s a good chance that, by now, you’re doing your case more harm than good. It’s understandable that you want to be in control. After all, we are talking about your children here. Parents often can’t think rationally when they’re busy fighting with their estranged spouse and trying to do what they feel is best for their children at the same time.
Custody fights, child support payments, spousal support, abuse, neglect, irreconcilable differences, these are all common terms you hear when people talk about divorce. If you’re caught up in a battle over some or all of these, you’re not going to be able to speak and act without some type of emotion. You wouldn’t be human if you could. That’s why the presence of an attorney beside you is so important to your case and the overall health and welfare of your children. You need help coming to the right decision and you’ll definitely need someone to present it for you when you do.
California family attorneys are advocates for spouses that are resolving disputes and have an ethical and moral obligation to always put the interests of the children first in any legal proceedings that affect them. To make sure that happens, in custody cases the children themselves will have an attorney dedicated solely to their interests, not the interests of any of the parties looking to gain custody of them. Unfortunately, sometimes the parents are so focused on their differences with each other that they forget about the best interests of the children. It’s not intentional. It just happens.
Think forward to a time five or ten years from now and visualize how you want everyone involved in this child custody fight to feel about each other. You and your estranged spouse may never be able to heal the wounds between the two of you, but what about the kids? Should they have to suffer? Let our law firm handle the case for you and we’ll do everything in our power to make sure they don’t.
Think very carefully about what you want in a Palmdale divorce attorney. The primary concern is to make sure your rights are protected and that you get whatever spousal support or child custody arrangements you’re looking for, but what type of approach do you want to use to achieve those goals? Are you looking for the stereotypical barracuda divorce attorney who would devour his own young to win a case, or do you want someone who can get it done without animosity and thug tactics?
For someone in a rational state of mind, the decision would be simple. A non-confrontational approach is always better than a guns-blazing philosophy, but an aggrieved spouse in pain may not feel that way. The desire to punish the opposing party can get in the way of doing what is right and fair. Obviously, if you’re a victim of abuse or infidelity, that changes the nature of the proceeding, but even then there is a rational way to deal with divorce. Our firm always strives to find that way.
If there are children involved, do you want them to see Mom and Dad slugging it out in open court? Is any amount of money or property worth destroying their ability to get what they need from both parents? These are thought-provoking questions, ones that every California divorce attorney and his clients have to ask and answer before beginning a divorce case. Even if the parents can’t get along anymore, the welfare of the children needs to be considered. California law does require psychological evaluation of all parties if parents can’t agree on a suitable financial and custody arrangement.
There are also a number of secondary issues that can be brought into a divorce proceeding. A failure to comply with an order for child or spousal payments can result in contempt of court charges; something we can represent you on or ensure is enforced upon the offending party. We also often see restraining orders in place as a result of actions before or during divorce proceedings. If you are under one of those or holding one against your spouse, please let us know up front so we can advise you on the best course of action for your divorce filing and any future dealings with your soon-to-be ex-significant other.
It would be nice if everything went smoothly when a family member dies, but unfortunately not everyone plans ahead. In some cases, the assistance of an attorney is required to sort through the mess, determine who gets what, and set up trust funds if they are thought to be what is best for the distribution of assets. If the latter is what your family desires, the trust attorney Palmdale families come to most often is Jesus Zuniga. Our firm has the experience and knowledge of trusts you’re looking for.
Of course, trust funds aren’t just for probate and last will and testament cases. On the contrary, a family that plans properly will set up trust funds while everyone is still alive so that assets can be distributed as they are accumulated. There are certain benefits to having this done with a trust fund, including tax deferments and an administrator for funds that are going to children or irresponsible adults. It is also possible to earmark funds for specific purposes, like education trust funds.
A Palmdale trust attorney can also act as the administrator or executor of the trust to ensure there is a neutral, unbiased individual making disbursements. The laws governing trust funds and the legal obligation of the attorney ensure that assets will be distributed according to your wishes. You can set up a trust fund to be irrevocable if your want those disbursements to always remain the same, or you can create a revocable trust where a vote to make changes can be taken by those involved in the trust. Either way, our firm can help you set it up and make sure it runs smoothly.
How much advance planning have you done to make sure your family is taken care of in the event of a tragedy or accidental death? If you have a last will and testament, your wishes should be honored, but if there are multiple parties out there who can lay claim to your estate, you may need more than that. A good example is someone who has been married more than once and has children from each of his or her former spouses. Who gets what? If your assets go into a trust fund when you die, they will get what the trust calls for, nothing more, nothing less. We’ll make sure of it.
Why come to the law offices of Jesus Zuniga when you need a good California Family Attorney? What exactly makes us so special and why would you hire us before hiring someone else? If you ask any of our current clients, they’ll tell you the most important reason for them is the comfortable and secure feeling they get when we’re working on their case. Our team of legal professionals is confident and easy-going because we know what we’re doing. There’s no guess-work when we go to family court because we do our homework before we walk through the door.
Attorney Zuniga is a lawyer who understands family dynamics and the difficulties that married couples often face. Divorce doesn’t have to be ugly and child custody issues should not permanently damage the children. As a professional with multiple years of experience in family law, Attorney Zuniga knows what steps to take and which to avoid so that your kids are affected as little as possible by the separation and legal divorce of their parents. Some pain is unavoidable, but much can be avoided if the case is handled properly by a competent attorney.
As a Lancaster and Palmdale family attorney, Jesus Zuniga has handled dozens of divorce and child custody cases. As a firm, we also have experience in child and spousal support cases, restraining orders, and the enforcement or defense against contempt of court charges. All of these are, unfortunately, issues that may arise in a family court case. If you’re involved in one, the last thing you want to do is to get caught up in one of these painful processes without legal representation.
Why should you choose us over any other attorney in Lancaster or Palmdale? We have the experience, the knowledge, and the compassion to help you get through what will no doubt be an extremely painful period of your life. Most people are seeking long term happiness when they get married, so a divorce is an unexpected and shocking life change that will require the support of friends and family to get through. It will also require a good divorce attorney, and you have found one of the best right here.
Lancaster, CA Divorce Advice Blog:
Why fight it? Why uncontested divorce is the best approach.
Approximately 90% of divorces are uncontested. What this means is that the parties involved are able to settle their differences without even going to trial. Sooner or later the divorce parties choose the path of less resistance. The key is to be reasonable and agree before spending unnecessary time and money.
What’s a divorce? A divorce is “dissolution” or termination of marriage through the court, making parties single. Through the divorce the judge can make child support, spousal support, custody and visitation, property division, and other orders. If there is domestic violence the court may also grant restraining orders.
Uncontested divorces
If both spouses agree on the maintenance, property, and custody and visitation of the children, a divorce may proceed by “mutual agreement.”
The parties don’t need to test or prove anything. They just sign the separation agreement. It is not necessary to appear in court. Because of this, uncontested divorces usually save significant time and money compared to contested divorces.
Contested divorces
By contrast, two spouses go through a contested divorce if they’re unable to reach an agreement on issues even after trying alternatives like mediation. When this happens, the divorce case then goes before the court where the judge makes the final call on each issue a lot of times with severe time constraints and after considering limited or incomplete information on the issues.
Do parties really need a divorce attorney for a “simple” divorce?
Before you start your case, even if you believe it is simple or that it will be uncontested, talk to a Lancaster, ca divorce lawyer to help you make the best decision.
If you plan ahead you can avoid costly mistakes and save time, money, and the need to drag children through the court system.
Whereas having an attorney isn’t always necessary for an uncontested divorce, getting an attorney for a contested divorce is probably a prudent measure. This is because the issues involved are usually complex and may involve navigation of technical legal procedures. In general, contested divorces tend to be much more stressful, take much longer to complete, and also cost more due to attorney fees.
Hire a lawyer who has handled many divorce cases, with whom you feel comfortable on a personal level, and with whom you can communicate easily because you will have to discuss with your attorney highly personal and sensitive matters. The Law Offices of Jesus Zuniga in Lancaster, CA will be able to help you through your matter with a delicate combination of aggressiveness, compassion, and dedication.
Lancaster, CA Bankruptcy Advice: Can a debtor remove a second mortgage with a Chapter 13 bankruptcy?
The benefits of Chapter 13 bankruptcy:
A debtor who qualifies can file for protection Under Chapter 13 bankruptcy and obtain benefits otherwise not available in a chapter 7 case. In a Chapter 13 bankruptcy the debtor reorganizes his debt and pays only a portion of the debt over a period of 3 to 5 years. Also, Chapter 13 allows the debtor to catch up with his or her mortgage arrears, allowing the debtor to pay over 3 or 5 years with no interest. For example, if the debtor is behind $6,000.00 dollars on the mortgage, the debtor would pay $100.00 per month for five years to catch up.
More importantly, Chapter 13 offers a very important option which allows the debtor to remove the second mortgage. In this economic climate where a lot of debtors purchased homes with 80/20 financing, and where a lot of debtors refinanced their home and took out a second mortgage or line of credit it is very likely that the second mortgage can be wiped out or discharged with a Chapter 13 bankruptcy but the debtor must meet all requirements. The following are general requirements. The Law offices of Jesus Zuniga, Lancaster, CA bankruptcy lawyer, can provide further information at no cost to the client. Clients can also visit our website at: www.attorneyzuniga.com.
Requirements:
1. The debtor cannot file a Chapter 7 to remove a second mortgage or line of credit. The debtor must file a chapter 13.
2. The value of the debtor’s home must be equal to or less than the balance of the first mortgage. If the value of the home is even a dollar more than what is owed on the first mortgage, then the second mortgage cannot be removed.
3. It is not automatic. The debtor’s bankruptcy attorney will have to file a motion and the court will have to approve the motion. The debtor will have to present evidence in court about the value of the house and the balance of all mortgages.
If the court decides that the value of the home is less than what is owed on the first mortgage then the court removes the second mortgage and debt associated with the second mortgage. The court makes the second mortgage an unsecured debt which is treated like a credit card. As an unsecured debt, the 2nd mortgage would be discharged with a chapter 13 banruptcy. For more information and a no cost consultation contact your Lancaster, CA bankruptcy attorney, the Law Offices of Jesus Zuniga.
If you couldn’t have a civil conversation with your significant other while the two of you were together, what makes you think you can do it when you’re going through a divorce? When husbands and wives who are separating attempt to go into court without a Lancaster Divorce Attorney, they often find themselves arguing in front of the judge, not an action that will gain any sympathy for either party. If you want things to go smoothly, you are much better off letting an attorney do the talking for you.
Divorce is not a pleasant situation, even for the most amicable of couples. If there are children involved, it can be even worse. Parents can take all the right steps to get their kids used to the idea and still not soften the blow when the time comes to finally end their marriage. If the children have to make an appearance in court, the emotional scars they end up with will last a lifetime. The fallout could involve rebellion when they become teenagers, discipline and learning problems at school, and the possible need for individual or family counseling.
In some cases the pain is unavoidable because staying together would be far more traumatic than divorcing, but in other instances, if each party hires a good California divorce attorney, differences and custody issues can be settled outside the courtroom. The two parties can then present a united front to the judge and ensure that the process goes smoothly without the need for child involvement. The kids will still know what’s going on and be affected by it, but at least they won’t get dragged into court.
A good divorce attorney will encourage you to not use your children as a bargaining chip or try to get them to take sides in a divorce proceeding. This never brings good results. Even if you get everything you want, there will be long term resentments, emotional scars, and a fractured family structure that can never be repaired. Divorce might be the end of a husband and wife relationship between you and your spouse, but it doesn’t have to eliminate the presence of both a mother and father in the lives of your children.
Before you hire a Lancaster Trust Attorney, it’s important that you understand exactly what they are capable of doing for you. Your expectations need to be realistic and the only way that can happen is if you know what the responsibilities of a trust attorney are. Some of those responsibilities are set by the law itself and others are designated by the parties involved in the creation and administration of the trust. In certain cases, the administrator of the trust may be the trust attorney himself.
How do you determine how exactly you want your trust fund to work? A “trust” is an instrument by which you transfer property to a person or corporation for the benefit of another person. There are two common types: revocable and irrevocable. One can be changed after it is created and the other cannot. In the case of a trust initiated by request of a last will and testament, the trust is normally of the irrevocable type, with stipulations put in to cover transfer of assets in the event of the beneficiary’s death.
A California trust attorney can be the neutral party in disputes that arise when an individual dies without a will. This condition is called intestacy. When a person dies intestate, their assets go into probate and it needs to be determined who is entitled to them. This process can be long and tedious, and often gets ugly if there are multiple parties making claim to all or part of the estate. In some cases, placing the assets in trust and having the attorney, a neutral party, distribute them equally according to a mutually acceptable agreement is the best choice available.
You can avoid probate and intestacy by doing some sensible estate planning. If you work your entire life to accumulate some assets and have loved ones who you want those assets to go to when you die, you’ll want to have a legal will and possibly a trust fund set up to make sure they get what you decide you want them to get. These protections also ensure that the vultures won’t descend upon your estate when you pass and devour all of your hard earned money and property.
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Lancaster Family Attorney | california_attorney October 26, 2010 | 
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