Orange County Family Law Blog

We are growing!!

Posted 2010-01-07 by Robin C. Huggins

I'm pleased to announce that the Huggins Family Law Office is going through growing pains right now. We have secured additional space and have moved the bulk of the practice to 38 Corporate Park in Irvine, California. We are located within the Kring and Chung building and we look forward to serving old and new clients at that location. We are maintaining a satellite office in Rancho Santa Margarita for the foreseeable future and will continue to meet with any new and prospective clients at that location upon request.

I have also added new staff! Alissa Grant joins my office as my legal assistant. Alissa is in college part-time and is pursuing her bachelor degree. She plans to go to law school thereafter and, hopefully, before too long, join the firm as an associate. Alissa is always available to field phone calls and convey information should the need arise. If you have a free moment - say hello to Alissa!

State of the Economy and divorce

Posted 2009-11-04 by Robin C. Huggins

This recession is looming longer than predicted. Its now "predicted" to last until at least 2012. It is very common during this economic downturn to have issues of divorce include negative equity in homes, job losses, major losses to stock portfolios and deferred compensation accounts. These are truly frightening times. However, the economy has not slowed the number of new divorce cases being filed each month, from what I can see. It almost appears to be increasing slightly. Maybe these tough economic times have people thinking that its better to jump ship and either sink or swim alone, but whatever the reason, we divorce attorneys are as busy as ever.

What saddens me is the frequency at which I am seeing very responsible people, people who lived life right - they were investing in real estate, putting away in their retirement accounts and investment accounts - these people are losing everything they've worked for and are having to make tough decisions about whether to short sale or foreclose, whether to file bankruptcy...and losing their employment. Most of these people would have prided themselves on their high FICA scores only two years ago, their meticulous credit that they spent years polishing and refining...Only to now realize that filing bankruptcy might not be such a bad option after all.

None of us are immune to this economy. This is no time to feel ashamed or to feel that something better or wiser could have been done. No one could have predicted and prepared for this severe of an economic turn...except maybe Noah. There are a lot of fly-by-night professionals cashing in on the much-needed services right now such as loan modifications, bankruptcies, short sales. My best advice if you are in need of any such assistance, is to go to the professionals that have been in these businesses for a long time - find authentic practitioners. Be willing to pay for a short consultation if necessary so that you can obtain "quality" advice and help.

Domestic Partnership

Posted 2009-08-26 by Robin C. Huggins

In California, an alternative to marriage exists in the form of a Domestic Partnership.

Only two classes of people can register as domestic partners:
1) Those of the same sex that are at least 18 years of age; and
2) Those of the opposite sex in which at least one partner is over age 62.

Both parties wishing to form the Domestic Partnership must file a Declaration of Domestic Partnership with the Secretary of State (filing with the City or County will not suffice!) and both parties must meet the additional requirements of 1) Sharing a common residence; 2) not being blood related; and 3) not being in a marriage or domestic partnership with someone else.

Once a Domestic Partnership is registered with the State, the partners have the same benefits and responsibilities as to married persons, both during the partnership and after the partnership is dissolved by either dissolution or death.

Upon the filing of the Domestic Partnership registration, either or both parties may elect to change their middle or last name to reflect the new name they wish to be known by. This is not a requirement but rather is an option if desired by either party.

If you wish to know more about the process of registering as a domestic partner, see the website for the Secretary of State at http://www.sos.ca.gov/dpregistry.

What is a Divorce Will and do I need one?

Posted 2009-08-19 by Robin Huggins

On occasion, a party to a divorce proceeding that is still pending will die by legitimate means. When this occurs, it can amount to a windfall for the other spouse and it can leave children from previous marriages out in the cold and very disgruntled. I recommend to people who are divorcing that they speak to an estate planning attorney as soon as possible after the filing of a petition and find out whether they should execute a divorce will so that their loved ones are protected in the event of their untimely death.

Death during divorce is a very complicated, convoluted topic and I cannot possibly address every nuance adequately. In addition, it is not my intention by this blog to offer or give legal advice to anyone as the giving of proper legal advice would require that I be informed of all pertinent facts pertaining to an individual's situation before rendering adequate advice. This is a one sided article whereby I am simply attempting to advise the general public as to what a Divorce Will is and how it can be useful to people who are in a divorce proceeding. No legal advice is intended by this blog posting.

Generally in California if a party to a divorce proceeding dies before their status (Married to Single) has been resolved then their estate passes as if no petition had been filed. If that party dies after their marital status is dissolved then non-probate transfers are terminated but not life insurance.

In California, the family law Summons contains automatic restraining orders that go into effect against the filing party once the petition is filed and they go into effect against the responding party once that party is served papers. These automatic restraining orders prevent either party from taking actions during the divorce proceeding that would alter the designation of beneficiaries and other specified actions. A Divorce Will will not violate these automatic restraining orders so it is a valid way to ensure that the person you are divorcing (or who is divorcing you) won't inherit any more from you than is possible should you die during the proceeding.

In a Divorce Will, you can revoke a pour-over will and create a new will. You can revoke a RLT with notice to the other spouse and you can fund a new RLT with consent of your spouse. You can sign new health care directives without notice and without consent. However, you cannot remove your spouse as the beneficiary of life insurance without a court order and if you have listed your spouse as a beneficiary on a 401K then you must obtain informed consent from the spouse.

I urge everyone considering divorce to seek a consultation from an estate planning attorney contemporaneously or even beforehand and have your specific questions answered about whether a Divorce Will would be prudent for your situation and goals.

What does a divorce cost in California?

Posted 2009-07-22 by Robin C. Huggins

When you hire an attorney to process your divorce in California, you will most likely be required to sign a retainer agreement. In California, retainer agreements are required when an attorney believes that your fees may exceed $1,000. (Like all rules, there are exceptions but for these purposes I will just state general law). The retainer agreement you sign with the attorney is a binding contract and should spell out clearly the amount of the retainer required, the hourly fee the attorney charges, the costs that you can be billed for and other contractual obligations of both attorney and client.

Unfortunately there is no clear cut answer as to what a divorce will end up costing a person. But I can help clarify the issue for you. If you are going to file for divorce or hire an attorney to represent you in a divorce, you should hire a "family law attorney". Family Law is a very specialized area and the attorneys that limit their practices to family law tend to be more diligent at keeping abreast of changes of law and rules in the family law arena. You hopefully would not go to an obstetrician to have an operation on your hand, so why hire just any attorney to handle your family law matter? If you want the best possible outcome then start off by hiring a family law attorney, not a civil attorney, not a bankruptcy attorney, not a real estate attorney. Next, you want to choose an attorney that has been practicing law for a sufficient amount of time. Usually (but not always) the hourly fee will increase the longer an attorney has been in practice. This is not always the case because some junior associates are hired for more prestigious firms that tend to handle higher estates and thus charge a higher hourly fee. So always ask the potential attorney 1) how much of their practice is devoted to family law; and 2) how long they have been practicing family law. I charge $250.00 per hour and my goal is to keep my hourly rate at $250.00 per hour for as long as I can because my target market (the clientele I focus on) is what I consider to be "the average Orange County family."

My initial retainer is $2,500. This is the amount of money that is paid to the attorney at the beginning of the attorney-client relationship. Many attorneys charge more than this amount because they want to ensure that their fees will be secured. A few attorneys will charge less. Some attorneys will agree to alternate arrangements if you ask and are able to articulate up front what you can afford and when it can be paid (and then stick with your agreement!). The client should not look to the attorney to carry them financially. The attorney is there to process your legal matter not to act as a bank for you. Thus, you should arrange for financing on your own whether its by using credit cards, or loans from friends, family or a financial institution.

The most inexpensive divorce I can process in a traditional attorney-client relationship (under the best of circumstances) is $3,000. They only go up from there. Court appearances greatly increase the cost of divorce so minimizing the number of court appearances can help keep your costs down. I would say that for an "average" household in Orange County, divorces run $6,000-$20,000 per person. If a party is unreasonable in their expectations or demands then the cost can increase. If experts are needed on a case then the cost will definitely increase (but they are worth it when they are needed.)

In my "Recommended Reading" section there is a divorce workbook that you can buy either on this site or at any bookstore. This workbook will help you collect data and documents that you will need in your divorce. In the "Testimonials" section of my website are comments by real clients that have posted their comments to my website concerning their satisfaction with my services.

My candor is not done for the purpose of putting off a potential client, but rather, to help inform the general public. I have always believed that people operate more efficiently and make better decisions, when they are given advice or information that is as accurate and candid as possible. If you have a question that has not been answered in my website or blogs, or if you need clarification on something I have said, please call me or us the form in the "contact" section of my website.

The status of same-sex marriage in California

Posted 2009-07-15 by Robin C. Huggins

The California Supreme Court ruled that Proposition 8 is a valid amendment to the Constitution which means that the California Constitution is amended to clarify that the act of "marriage" in California must be between a man and a woman. The Supreme Court also ruled that all same-sex marriages that were solemnized between the time that the appellate court struck down Proposition 8 and the Supreme Court ruling with continue to be valid marriages in California. The Supreme Court opined that same sex couples will continue to have access to the domestic partnership opportunity but not "marriage." What do you think about the ruling by the Supreme Court? Do you think that California should continue to differentiate a "marriage" from a "domestic partnership" where same-sex couples are concerned? Do you believe that same-sex couples enjoy the same benefits even though the label or title of their union is different? I want to hear your opinions! (There are no wrong opinions!)

How Do I Get Court Orders In California?

Posted 2009-06-01 by Robin Huggins

In order to get a court order in California that pertains to child custody, child visitation, support, or any other related issue, you must first give the state of California jurisdiction over the subject and over the people involved. For purposes of family law matters, California obtains jurisdiction over the subject matter by having someone file a petition in the appropriate county of a California court, and the court will issue a Summons. The Summons and Petition must then be personally served on the opposing party. Once that is accomplished, the court has "subject matter" and "personal" jurisdiction and can then make enforceable orders. In family law, we have many different types of petitions. The most common is a petition for dissolution of marriage (divorce) or a petition for legal separation. But we also have petitions for custody, petition to establish parental relationship (for unmarried parents), and so forth. If you have a judgment or order from another state and you now live in California, it would be worth the expense to have your judgment and/or order "registered" in California so that the California courts can recognize and enforce it if it becomes necessary.

Fiduciary Relationship During Marriage & Separation

Posted 2009-05-20 by Robin C. Huggins

In California, there are statutes (laws) that impose fiduciary duties on married people. These fiduciary duties require married people to behave in certain ethical ways with regard to one another and these duties are in effect upon marriage and continue after separation and through to the time your divorce is final and, in some instances even after your divorced. For instance, Family Code sections 721 and 1100, when read together, impose on each spouse the obligation to act in the highest good faith toward one another and to never take any unfair advantage of the other. One way that spouses commonly violate these fiduciary duties is by taking and hiding documents concerning assets and debts (whether those assets and debts are community or separate) and by refusing to provide those documents to the other spouse. By playing "hide the ball" a person could be in breach of his or her fiduciary duties which can result in sanctions (monetary fines) against a party.

Welcome to my new website

Posted 2008-02-28 by Robin Huggins

Welcome to my website and blog. I will be posting articles and opinions from time to time about subjects pertaining to family law. I invite you to check back often.