- DivorceContested divorces may last much longer. If you are absolutely positive that you want a divorce, you should still know the ramifications and benefits that the divorce will have on your life, your assets, your debts, and most importantly, your children. A divorce can be an emotionally explosive and confrontational experience, but it does not have to be with the right counsel and advice. If you proceed with a divorce, the mental, physical and financial hardships normally associated with a highly contested divorce can be dramatically reduced with the assistance of an experienced and understanding attorney. A heated divorce should never be attempted by anyone in pro per (or representing yourself). As a practical matter, the divorce court is interested in resolving only certain issues (the termination of your marriage; the division of assets and debts; the care and custody of your children; spousal support, and child support) although other issues such as domestic violence and child abuse rightfully remain high priority issues with the family court. Before you file for divorce, you should consider (a) how the divorce will affect my children?; (b) will I be able to make ends meet after I separate?; (c) should I get back into the dating scene?; and (d) are there any other options to divorce?
- Child SupportChild support is the child’s right to financial support from the parents. Both you and the other parent are legally responsible for supporting any children between you if they are under the age of 18; more specifically, child support continues until the child has graduated from highschool or has reached the age of 19, whichever occurs first, as long as the child is unmarried and not emancipated. In some special circumstances child support may extend past adulthood depending on whether the child is incapacitated (physically or mentally). Neither parent can waive the obligation to pay child support, whether orally or by written stipulation. The amount of child support payable by the obligor parent is determined by established guidelines called ‘
- Child Custody and VisitationWhether or not you get back into the dating scene is a very personal and important decision that could have positive and or negative effects on both your children’s and your lives. The effect is dependent on so many factors such as (a) the quality and background of the person you would be dating; (b) whether that person would accept or at least treat your children with kindness; (c) whether your children will accept a new person in your lives; (d) any potential emotional impact that a new person or dating would have on the children; (e) whether the other parent has visitation rights and or custody of the children; (f) whether your dating could create greater hostility between both you and your ex spouse due to issues such as jealousy and hurt feelings; (f) the financial costs of dating; (g) whether you are able to balance your dating with your parenting and working schedule; (h) whether you are able to still provide that quality time the children need especially in light of the fact that the children’s lives have been or will be strongly impacted by the divorce. Although the issue of whether or not you should get back into the dating scene is a personal one, it should be carefully thought through considering all of the above issues, and of course speaking to an experienced family law attorney who could provide the common sense advice that would be in your and the children’s best interests.
- Adoption
- GuardianshipWe hired Mike to handle a guardianship for us. Mike was a referral from a friend and he turned out to be not only a great attorney, but a good friend, confident and someone I could trust. He successfully completed the guardianship and was there for us to the very end. We are so glad we hired him. Thanks Mike.
- Spousal SupportNullity proceeding. There is a big difference between a divorce and a nullity. A divorce judgment recognizes a valid divorce as now being terminated. A nullity judgment recognizes the marriage as always being invalid. This difference is essential because it will affect the division of assets and debts, and whether the court will or will not make an order for spousal support. It may make no difference whatsoever on custody and support depending on the case because the court still has the best interests in mind for the children and the children are still entitled to their right to support. A divorce is much easier to obtain than a nullity because the court will simply give you one based upon your request within the Petition. However, the court will only give you a nullity if you can prove in court through testimony and evidence the existence of fraud, duress, lack of mental capacity, a prior unknown marriage, the party was underage, and/or physical incapacity. Although a nullity is not easy to obtain, it should not it be attempted without consulting with an experienced family law attorney.
- Legal SeparationLegal separation is procedurally used in California when (a) a spouse physically separates (e.g., leaves the family residence) with the intent to obtain a divorce, the parties are said to be legally separated; and (b) when a spouse obtains a formal legal separation in court. When either spouse is legally separated, the laws of community property usually stop and the assets and debts acquired by either spouse after the separation become that spouse’s separate assets and debts. A spouse does not need to move out of the family residence to be legally separated. Legal separation is sometimes a ‘state of mind’. The decision to divorce without the intent to reconcile is what is important. The grounds for seeking a legal separation are the same for seeking a divorce. As such, unless one of the reasons above are present, there is usually little reason to seek a legal separation when a dissolution would better serve both spouses. There is no residency requirement for filing for legal separation. Remember, an experienced family law attorney is better able to assist an individual in determining whether a legal separation or divorce is in that person’s best interest.
- Annulment
- Child Abuse
- FraudBankruptcy is not for everyone and is sometimes the last of options for many. However, for those who do file for bankruptcy they simply have decided that there is no other choice for them. Most people feel guilty about their choice to discharge their debts this way because of the negative stigmatism, any indifference other people may have, the feelings of financial inadequacy that may exist, etc. However, bankruptcy is still a recourse that is available and legal. One reason to avoid a bankruptcy is if you own luxury items that you are not willing to part with (such as an expensive car, expensive jewelry, expensive clothing, etc.) and that have little debt or total equity, and the exemption value of each item is exceeded by the item’s equity value. Luxury items can be easily sold by the trustee to pay off creditor debts. Another reason to avoid bankruptcy would be that you are seeking to discharge certain debts that are not dischargeable such as alimony obligations, government student loans, priority tax debts, and other certain debts. Individuals are unable to pick and choose what debts they wish to discharge because all outstanding debts must be listed within the debtor’s bankruptcy petition. A third reason to avoid filing bankruptcy is if you want to hide assets from the court. Be very careful here because intentionally failing to disclose assets that the court would otherwise want to know about is bankruptcy fraud and any such fraud would be investigated by the F.B.I. Bankruptcy may not be the right choice for you if you know that you will be coming into a lot of money as a result of an inheritance, lottery winning, lawsuit settlement or judgment, insurance policy payout, pension, etc. If you own any property (real or personal) jointly with another person and only you are filing the bankruptcy, the filing may legally impact the legal interests of that joint tenant or tenant in common. Our office will be able to advise you if bankruptcy is the right choice for you.
- Restraining OrderYes. Upon the filing of the Petition for divorce, automatic temporary restraining orders go into effect which prohibit both spouses from doing certain things that effect their children and assets. For one, neither spouse can take any of their minor children out of California without express written permission of the other spouse or a court order. Also, neither spouse will be allowed to close financial accounts, change beneficiaries on insurance policies, remove the other spouse from health insurance coverage, borrow against real and personal property without the other spouse’s permission. You are of course allowed to continue to pay your bills and expenses and continue your ordinary and reasonable spending for the necessities of your and your children’s living. It is usually the best policy to discuss with your spouse about any exorbitant spending or big purchases you may wish to make since you may inadvertently create a community property debt or create a legal issue that may need court intervention to get resolved. Always be prepared to create a financial journal of your expenses if necessary so that you are prepared to share the same with your counsel and be prepared to account for such expenditures to the family law judge. An experienced family law attorney will advise you of the dos and don’ts of each an every rule to follow so that you minimize or eliminate any detriments to your case.
- Business DisputesMichael J. Varisco has been providing legal services to clients since June, 1997, and has built a successful law firm personally serving thousands of satisfied clients since then. Michael is also a college faculty adjunct professor where he has been teaching business management and business law courses since 1997. Michael is also actively involved in the community, his church and charity. Michael is married with four children.
- Sexual HarassmentAs an attorney, Michael's success in each of his cases is the result of his client philosophy: "I respect my clients and provide an unequivocal dedication to each case. Working together with each client as a team means a winning combination in and out of court, the result of which is the key to success in each case." Michael brings over 16 years of litigation, hard work, and client experience to his practice. Michael oftentimes guest speaks for corporations, businesses, and colleges in the areas of asset protection, estate planning, and sexual harassment prevention.
- Estate PlanningAn estate plan may be one of the most important things you acquire in your life. You can be a single person or married couple to acquire an estate plan. In sum, an estate plan is your written instructions to your loved ones of how you want your assets distributed, how you want your minor children to be cared for, or how you want your future needs addressed in case you are unable to care for yourself at some time in the future. An estate plan is an important process which involves your loved ones and your assets. With a carefully drafted estate plan, you can determine how your assets will be managed and whom will manage your assets during your lifetime if you are unable to, and after your death. In your estate plan, you will also determine how and to whom your assets will be distributed after your death. An estate plan is more than just having a will drafted. It can be much, much more. An estate plan, however, can also involve financial, tax, medical and business planning. A will may be a part of the planning process, but you will need other documents as well to fully address your estate planning needs. Just as people and assets and laws change, it may well be necessary to adjust your estate plan every so often to reflect those changes. Some examples of estate plans include wills, trusts, powers of attorneys, joint tenancy, tenancy in common, life insurance, retirement plans, etc.
- WillsA will is your personal written instructions of how you want your assets distributed after your death. A will does nothing to actually transfer the title to the beneficiaries. A trust on the other hand actually does transfer title. Because the will fails to do so, the probate court must step in and transfer the title for you. Your last will may say that your house will go to you son. However, if you die with the house solely in your name and not in the name of your son or your trust, then the probate court will be needed to assist in the transfer of the asset.
- TrustsOur office has prepared thousands of estate plans since 1997. For an affordable fee, we offer a full and complete living trust or wills package (see packages below). Our clients have always been very pleased with their completed trust and wills packages which are designed to last an entire lifetime. We assist our clients in understanding their trusts and wills and are always available to our clients. After you check out our complete wills and or trusts packages below, please take a few moments and complete and submit the below form which will give us an ideal of which estate plan would be best for you. We look forward to creating an estate plan for you which will help protect your family and assets.
- Power of AttorneyEveryone should have some sort of an estate plan. The answer to what estate plan that is appropriate for each person’s individual situation cannot be easily answered within this paragraph. Whether you have a large or small estate, each adult individual person should have a power of attorney where you can designate someone to manage your assets and make health care and personal care decisions for you if you ever become unable to do so for yourself. If your estate is small, you may simply focus on who will receive your assets after your death, and who should manage your estate, pay your last debts and handle the distribution of your assets. This may be accomplished through a simple estate plan like a last will and testament. If your estate is large, you may need a more complex estate plan to preserve your assets for your beneficiaries and reducing or postponing the amount of estate tax which otherwise might be payable after your death. If you have children, you should have at least a will, but trusts may be more appropriate if you have a large estate. Your attorney will be able to advise you on whether your assets constitute a large or small estate. If you fail to plan ahead, a judge will simply appoint someone to handle your assets and personal care. And your assets will be distributed to your heirs according to a set of rules known as intestate succession. Contrary to popular myth, everything does not automatically go to the state if you die without a will. Your relatives, no matter how remote, and, in some cases, the relatives of your spouse will have priority in inheritance ahead of the state. Still, they may not be your choice of heirs; an estate plan gives you much greater control over who will inherit your assets after your death.
- Probate
- BankruptcyOur bankruptcy practice is specifically limited to consumer Chapter 7 bankruptcy proceedings. A Chapter 7 (or a ‘straight’ bankruptcy) proceeding is the most widely sought type of bankruptcy by the average consumer. Our office has successfully assisted our clients with thousands of bankruptcies since 1997. Bankruptcy is very personal choice and is sometimes the only solution for a debtor. We will help you determine whether a Chapter 7 bankruptcy is the right solution for you. We offer our complete bankruptcy package below for a low flat fee. Please take a few moments to review our package, and please feel free to telephone us directly to discuss your case.
- ForeclosureAutomatic Stay Relief. Immediate automatic stay relief upon filing of the petition which stops foreclosures, repossessions, harassing telephone calls, garnishments, etc.
- Tax LawEstate taxes are imposed upon estates that have a net value of $2 million or more. That amount will increase to $3.5 million in 2009. In 2010, the estate tax will disappear completely. Then, unless Congress passes an extension, the exemption will revert back to $1 million in 2011. For estates that approach or exceed these amounts, significant estate taxes can be saved by proper estate planning, usually before your death or, for couples, before one of you dies. Keep in mind that tax laws often change. And estate planning for tax purposes must take into account not only estate taxes, but also income, capital gains, gift, property and generation-skipping taxes as well. Qualified legal advice about taxes and current tax law should be obtained from a competent lawyer during the estate planning process.
- Debt CollectionYes. Creditors are not given an open door to do whatever they wish to collect the debts against you. Creditors will sometimes hire collection agency companies to try to collect payments for past due bills. However, the creditors or their collection agencies cannot, by law, repeatedly call you on the telephone in a harassing way. It is also against the law for them to threaten you with harm or contact you at work if you have told them not to. If you ask them in writing to stop contacting you, they must leave you alone. At that point, they can only contact you to inform you that they are filing a lawsuit. You want to be sure to keep copies of all correspondences between yourselves and them. The filing of a bankruptcy places an automatic stop on any of their collection procedures through what we call the ‘automatic stay’ as discussed earlier. If you do not use the resource of a bankruptcy to protect you, and you have advised the collection company not to contact you any further, they can have the recourse of suing you. Even if you are then served with a lawsuit from the creditor, the bankruptcy will additionally stop the lawsuit and any further collection or service steps taken by the creditor. Any abuses by your creditors of the debt collection laws prior to you filing your bankruptcy should be immediately reported to the Department of Consumer Affairs, Federal Trade Commission and Attorney General Office, but you should first consult with your attorney. You should refer to our link page of this site for immediate linking to those government websites.