DAVID PISARRA

Archive for the ‘Property Issues’ Category

LEGALZOOM DIVORCE – MOSTLY CORRECT IS ALL WRONG.

In child custody, Child Custody Issues, Child Support, Divorce, Domestic Violence, Gay, Parental Alienation, Paternity Issues, Perjury, Prenuptial Agreements, Property Issues, Restraining Orders, Spousal Support, Strategy Issues on October 6, 2010 at 7:43 pm

The document company to the stars, well maybe not, but it bills itself as the service that puts the “law on your side.” Well, they don’t really do that. The law is the law, and if you don’t know what you’re doing, it’s easy to make a mistake.

Just had a  client in my Santa Monica office, whose soon-to-be-ex wife filed papers on him. They were mostly filled out, which is a problem. Because “mostly” doesn’t cut it with a court. They want all the answers, in the correct places, in order for a case to move forward.

There are some things that LegalZoom is great at, basic things like a dba, or an incorporation, are really basic, name, address, filing fee. But for something that is so important and complex as a divorce, where the state has created many legal obligations and duties, you need to know what you are doing. Most people don’t know that once they file for a divorce there are Automatic Restraining Orders that are put in place, and that violating them can subject you penalties.

This is why an experienced family law attorney is important. They explain all the facts about going through a divorce. LEGALZOOM doesn’t do that. They don’t do the counselling of a scared client who doesn’t know the process. LEGALZOOM doesn’t help an angry client who’s being betrayed by a cheating spouse. LEGALZOOM doesn’t provide the type of legal knowledge and present alternatives, that an experienced lawyer does.

Getting married is easy, getting divorced is complicated. There are many hoops to jump through, and there is a lot of paperwork which needs to be completed correctly or the court will reject it. Knowing what a court needs, and being able to help a client through the maze of it all, this is why an experienced attorney is useful.

A MAN’S GUIDE TO DOMESTIC VIOLENCE

In child custody, Child Custody Issues, Child Support, Divorce, Domestic Violence, Gay, Parental Alienation, Perjury, Property Issues, Restraining Orders, Spousal Support, Strategy Issues on October 5, 2010 at 7:11 am

OCTOBER IS DOMESTIC VIOLENCE AWARENESS MONTH

I come from a loud Italian-Irish-German family. My parents fought. A lot.

Sometimes it would be a “civilized” and mostly verbal, with the occasional tossing of a frying pan or breaking a glass. Other times it was really ugly with knives pulled and bones broken.

Usually there was alcohol involved in some way. But there didn’t have to be, my parents were experts at digging each other and finding that weak spot and drilling it.

So to say that I grew up in a home full of domestic violence is no lie. From the merely uncomfortable moments that always happen when two or more live in the same household, to the titanic battles that erupted – there was always lots of anxiety for me as a kid to breathe in and try to cope with.

This was 40 years ago, and the concept of domestic violence wasn’t fully formed. Women were still heavily prejudiced in the courts, society as a whole didn’t know how to handle it when spouses fought. The long term effects of domestic  violence on the children was not considered, because they weren’t hurt – or so it was thought.

Most of the time, unless actual physical harm was done it wasn’t considered a crime. An actual battery, a physical touching, had to occur in order for the police to take notice, and even then, it was mainly ignored.

Times change. Farrah Fawcett makes a movie, The Burning Bed, awareness grows, support networks develop, and shelters are built to protect the victims from their aggressors.

Domestic Violence has been expanded as a concept, which is why I’ve written a book, “A Man’s Guide To Domestic Violence.” Society and the courts have expanded what we consider violent, and abusive. It no longer requires physical hurts. Emotional abuse is not tolerated.

A MAN'S GUIDE TO DOMESTIC VIOLENCE

A MAN'S GUIDE TO DOMESTIC VIOLENCE

We recognize that an environment that is psychologically tormenting is not healthy, and therefore not acceptable. With this new expanded definition, more people than ever fit the profile of an abuser.

The traditional view of a man in a tank top ( the shirt commonly called “a wife beater”) is no longer the standard. Anyone can be an abuser, and it doesn’t take much. A smart mouth, and some emotional hurts, and an abusive household is made.

October is Domestic Violence Awareness month. It’s a difficult topic to discuss because no one wants to believe they are a victim. Men in particular have a  hard time acknowledging when they are being abused.

Even men that can acknowledge that they are being abused, have a very difficult time taking action to stop it, which may be one reason why it escalates. If more men acknowledged sooner that they are in an abusive relationship, when it is at a verbal abuse stage, perhaps the situation wouldn’t escalate to physical abuse.

So how do you know if you’re in abusive situation? The following comes from the Domestic Awareness Hotline for Men and Women, (www.DVAHMW.org) which is run by my friend Jan Brown. She was the first woman to start a shelter that accepted both men and women.

“ARE YOU BEING ABUSED?

  • Does she threaten that if you leave you will never see the children again? Destroy or threaten to destroy your property?
  • Have you been shoved, slapped, punched, bitten or kicked? Even once?
  • Does your partner block an exit to keep you from leaving during an argument? Keep you from seeing friends or family? Use name-calling?
  • Does your partner denigrate you in the presence of others? Say no one else would want you? Threaten suicide if you were to leave?
  • Do you feel like you’re “walking on eggshells” around your partner? Does she act like two different people? (e.g. Dr. Jeckyl/Mr. Hyde)
  • Does your partner anger easily, especially when drinking or on drugs?

If any number of these factors are true in your relationship, there is a problem. Victims of intimate partner violence come from all walks of life, all cultures, incomes, professions, ages and religions. Intimate partner abuse is not always defined by who is the stronger and/or bigger person in the relationship.  It is about one person having and maintaining power and control over another person through physical, psychological, and/or verbally abusive means.”

In my book, “A Man’s Guide To Domestic Violence” I address the issue from a man’s perspective of what is abuse today, how to peacefully combat it, and how to handle false allegations of domestic abuse. The book is available by emailing me at dpisarra@pisarra.com or through the website, www.amansguidetodomesticviolence.com.

What Type Of Lawyer Do I Need?

In child custody, Child Custody Issues, Child Support, Divorce, Domestic Violence, Gay, Parental Alienation, Paternity Issues, Perjury, Prenuptial Agreements, Property Issues, Restraining Orders, Spousal Support, Strategy Issues on September 24, 2010 at 3:42 am

“I need a shark” I hear that often from clients who think that the way to win in a child custody case or a divorce is to hire the nastiest, meanest, most abrasive, and aggressive lawyer they can find. They want to make the other person’s life a nightmare. There are times when being a shark is appropriate.

“I just want out” is a frequent comment from the men that I represent. By the time a man comes into the office of a lawyer he’s usually already made up his mind to get a divorce and is willing to give her anything she wants, just to be free. Big mistake. Huge. He’s looking to give up way too much for his peace of mind.

“I’ve moved out, and now I’ll settle for 50/50 custody of the kids.” Yeah, not so much. Unless your ex is a travelling saleswoman, you’re not going to get a court to give you 50% custody when you leave the house. The other statement I hear a lot is, “She’s not a fit parent, and I want full custody.” If she really is dangerous, you should not have left, but rather turned her in to the child protection agency, or sought a restraining order protecting you and the children.

Those are three scenarios that I frequently come across and they illustrate the different roles that I play as a lawyer.

THE SHARK

Sometimes I am a shark and have to be extremely aggressive and relentless. I had that in a case where I knew that the ex-wife had remarried, but denied it so that she could continue to collect alimony. We hired a private investigator and kept digging until we found the proof we needed to stop paying her alimony. We spent many thousands of dollars but saved over a hundred thousand.

THE PROTECTOR

Other times I have to be a protector of my client, against his own wishes. I have to fight with him to make sure he doesn’t give up too much to achieve peace. Men don’t value money and possessions, they are usually of the mindset that they will just go earn more money and buy new stuff. But there’s no reason why they should give up more than half in a divorce, and it is frequently my job to make sure that they don’t.

THE VOICE OF REALITY

Fathers want to be an active participant in their children’s lives. But what they don’t realize is that they must fight hard and strategize long before a breakup to make sure that their rights will be respected and honored, not by the mother, but by the court. Men need to know what their options are, and their legal rights and obligations, before they make any drastic changes in a family law situation. The biggest mistake most men make, is to act first, seek counsel second. When they do that, I have to be the voice of reality that explains to them why they have already lost the war and they didn’t even know they were fighting.

My Rules on Child Support – NO CASH EVER!!!

In child custody, Child Custody Issues, Child Support, Property Issues, Spousal Support, Strategy Issues on September 12, 2010 at 4:57 pm

Okay so here’s a video I did with RJ Jaramillo from http://www.SingleDad.com, where I’m the legal expert. We’re talking about how to pay your child support.

NO FAULT DIVORCE IS THE LAW.

In Domestic Violence, Perjury, Prenuptial Agreements, Property Issues, Restraining Orders, Spousal Support, Strategy Issues on August 16, 2010 at 7:24 am

Governor Paterson brings New York into the present with his signing of the No Fault Divorce Bill. This means that No-Fault Divorce is now the law of the land in ALL 50 States of the USA !

If you think YOUR Child Support is high, how about $400,000 A MONTH!!!???!??

In child custody, Child Custody Issues, Child Support, Paternity Issues, Perjury, Property Issues on August 14, 2010 at 9:58 pm

That’s what the children of Billionaire Donald Bren are seeking in back child support. This article says the kids want $400,000 a month!!!

I’m betting dollars to donuts this is a losing case of shakedown.

CHILD SUPPORT?

$400,000 A MONTH? THAT'S A LOT OF DIAPERS.

Divorce and Child Custody Video – Parody? Kinda, sorta, not really.

In child custody, Child Custody Issues, Child Support, Domestic Violence, Gay, Parental Alienation, Paternity Issues, Perjury, Prenuptial Agreements, Property Issues, Restraining Orders, Spousal Support, Strategy Issues, Uncategorized on August 6, 2010 at 11:02 pm

Okay, so, this video deals with a man after a divorce, and whether or not he’s still a dad, and what his child custody and visitation is going to be like. I like it because it’s kinda funny, but I’m also really touched by it, because it’s also WAY  too true of what many men and fathers feel like after going through a divorce and child custody battle, especially when they are unprepared or representing themselves.

I really want you to watch it, remember, DON’T LET THIS HAPPEN TO YOU !!

Call me. Write me. Let me help you.


No Prenuptial Agreement for Kelsey Grammer

In Prenuptial Agreements, Property Issues, Spousal Support, Strategy Issues on July 15, 2010 at 1:19 pm

Perez Hilton is reporting that Kelsey Grammer didn’t have a prenuptial agreement for this marriage. At the time he was making 1.6 Million per episode and had 7 years to go on the series.

That’s gonna hurt! PRENUPS! PRENUPS! PRENUPS!

A Father’s Best Weapon In A Child Custody Battle

In child custody, Child Custody Issues, Child Support, Parental Alienation, Paternity Issues, Perjury, Property Issues on July 15, 2010 at 6:49 am

Here’s a video I did, talking about Child Custody and Child Support battles with RJ Jaramillo from www.SingleDad.Com, where I’m the legal expert. I tell guys the tools I need to win their child custody case and track the child support so they can prove they’ve paid it.

There are more videos on the MensFamilyLaw channel at Youtube.com.

PRENUPTIAL AGREEMENTS CAN SAVE LEGAL FEES UPON DIVORCE

In Gay, Property Issues, Spousal Support, Strategy Issues on July 6, 2010 at 3:00 am

I sent out a press release this past week. I offered to give Kyle Boller a free pre-nuptial agreement, prior to his marriage to that ill-fated beauty queen Carrie Prejean, and I offered to do his eventual divorce from her for free. divorce cake for prenuptial

Prejean, who rose to national fame with her very public condemnation of same-sex marriage in the 2009 Miss USA contest, based on her devout religious beliefs, and then reached international fame with the fight over publication of her “sex tape” married Boller on Friday, July 2 at The Grand Del Mar hotel in San Diego.

This is a marriage that has a high probability of failure, not because of Ms. Prejean’s bigoted and homophobic statements, nor her inability to live up to the standards she holds others to, but the fact that it is a marriage of a professional athlete and a celebrity seeker. We’ve all seen it thousands of times. These marriages have two people who are going in different directions. And that is a major problem in marriages. My own experience with a long term relationship that broke up, is that we are both wonderful people. But with very different wants and directions.

My ex is a very fair skinned, red haired man of Welsh extraction who shuns the heat and sun of the desert. I crave it. I love the ocean and swimming, him, not so much. Like, not at all. It’s rather like I wanted to go North and he wanted to go East, neither is right or wrong, but our wants were just not lining up. When I realized that, it was amazing how quickly the heat and anger of a breakup dissipated. It’s what has allowed us to remain, if not become better, friends.

In California more than 60% of first marriages end in divorce, especially of people in their 20’s, but what is lesser known is that divorce rates for Evangelical Christians, such as Ms. Prejean, still runs at more than 33%.  This, coupled with a report conducted by Professional Athletes Outreach that states that two years after retirement, 78% of N.F.L. players are bankrupt, jobless or divorced, it may be have been wise for Mr. Boller to consider a good prenuptial agreement.

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