Experienced Results in Family Law
A client sought visitation rights to see his yet-to-be-born daughter. We sought a long-term visitation schedule at the outset in order to avoid returning to court and began negotiations. However, the other side kept changing attorneys (twice) and changing parameters of the visits. We continued settlement discussions, but also set a trial date, by which time the child was two years old.
Well in advance of the trial, we submitted a brief with a proposed visitation schedule, and documentation of the extensive efforts to come to an agreement. At the first court session for the trial, the judge encouraged the other side's attorney to advise his client to settle. The judge had been persuaded by the brief prepared for trial. The parties reached an agreement, giving our client the visitation schedule he wanted. The client cried with happiness in court.
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Our client had signed quitclaim deeds transferring home ownership to his wife. The loan refinancing on the home was in her name, but based on the husband's larger income. During divorce proceedings, the wife claimed that the house was her separate property because her husband had signed the quitclaim deeds. She argued that the house should not be part of the community property settlement and laid claim to additional community assets.
Our research showed that even if the husband had voluntarily signed the quitclaim deeds; the refinancing was based on "community" credit, and therefore a community property interest accumulated in the property for his benefit.
Our well documented argument persuaded the mediator, who indicated his leanings. This prompted a settlement in which the house was part of the community property division. The wife revised her demand for additional assets and the matter was settled.