Recent Blog Posts in October 2011

Even celebrities can benefit from getting some divorce advice in Pasadena. Now that E-Online has announced that Daniel Baldwin's divorce to estranged wife Joanne is back on "in a big way," things are likely to get very complicated - and very quickly.

It turns out that mere months after the actor and his wife decided to cancel their original divorce filing, they are not only back on, but Joanne has upped the ante by making some outrageous financial demands. In Joanne's new set of divorce papers, which were filed in Oregon, she is claiming "irreconcilable differences" as the cause of the "irremediable breakdown of their marriage."

In the divorce papers, Joanne is also making demands for "$4,000 per month in child support for their 2 children - plus HALF of all of Daniel's earnings, including 50 percent of a $100k payday the actor is allegedly set to make in Australia." Joanne is also requesting that Daniel take out a $1 million life insurance policy that is to benefit the kids. All this, plus she wants sole custody. That is a big asking price for a divorce, considering that only a few months ago, in Daniel's own previous divorce filings, he claimed that Joanne had "tried to cut his throat."

During an interview with E! News, a source close to Daniel said, "Joanne's demands in the divorce papers are unreasonable and ultimately the burden of proof is on her and she doesn't have a leg to stand on."

As for the custody request, the source said, "There is a very slim chance that Joanne would ever be awarded sole custody of their children due to the fact that she has two prior DUIs and has continually violated her probation. Daniel has been clean and sober for more than four years and his biggest priority is his children's well-being." This looks like it has all of the potential to turn into one of the ugliest divorces in recent memory.

Even the most experienced divorce attorney in Pasadena can tell you that a Hollywood divorce is like none other. There is often just as much drama during the divorce proceedings as there is in the movies and television series that Hollywood players create. The divorce of CSI creator Anthony Zuiker is a perfect example of that.

Zuiker is currently battling it out in court with his soon-to-be-ex-wife Jennifer. In what is turning out to be a quasi-clash of the television titans, Jennifer flies into a rage after Zuiker shut down their joint American Express Black Card. (The Black Card is so exclusive that there is no spending limit.) Jennifer filed for divorce, citing "irreconcilable differences" according to documents that have been obtained by TMZ. In them, Jennifer claims that she had been racking up $40,000-$60,000 per month in bills with the Black Card, and she is now upset that her MasterCard can only allow her to spend $25,000 (the card's limit). Zuiker stated (through his lawyer) that Jennifer's only concern is that she won't have the card - which is considered a status symbol - at her disposal anymore.

The Black Card wasn't the only thing that Jennifer wanted. She also wanted Zuiker to pay her most recent clothing bill of $181,381 for items designed by Alexander McQueen as part of his new fall line. Naturally Zuiker refused that request, although that matter has since been ratified "to the satisfaction of both parties." Of course, that doesn't mean that the entire matter is settled, since there is plenty of money involved. As the creator of the immensely popular crime show CSI (which has earned more than $6 billion), Zuiker is worth quite a bit of money and the court documents reveal that there was no pre-nup before the marriage.

Jennifer is also requesting that she get child support and spousal support, which has the potential to be a ridiculous sum of money considering his wealth. In fact, Jennifer may end up being awarded 50 percent of Zuiker's total assets as the couple had been married since 1999. For his part, Zuiker has demands of his own. He is asking for joint custody of their three boys. Jennifer has filed for sole custody of the children.

Pasadena, CA (PRWEB) October 25, 2011 - The Law Offices of Donald P. Schweitzer, proudly announces a new attorney, Heidi Bitterman, to their legal team.

Ms. Bitterman will serve as an Associate Attorney, practicing Probate Law, within the Law Offices of Donald P. Schweitzer. 

According to Ms. Bitterman, "I am very excited to be joining the Law Offices of Donald P. Schweitzer.  The firm has an excellent reputation of providing client-focused legal services with the highest degree of professionalism and integrity.   As a firm that focuses on family law, the addition of the trusts and estate practice is a testament to the firm's commitment to provide clients with a full array of legal services in the family law context."  

Ms. Bitterman is a graduate of Southwestern University Law School and has practiced law most exclusively on Trusts and Estates.

"In all my work, my focus is on the client; listening to their concerns, answering their questions, and making sure they understand the law and legal process as they experience it.  My goal is to provide the client with the information they need to make the best decision for their particular situation," added Bitterman

When asked about hiring Ms. Bitterman, Donald P. Schweitzer said, "We are excited to bring Heidi on board as she has such a great reputation among our colleagues in Pasadena.  Heidi brings several years of experience in Estate Planning which puts us in a position to offer additional services to our clients.   Many of our clients have serious Estate Planning needs and I'm very proud that we can finally provide them with these services."

While at Southwestern Law School, Ms. Bitterman was a member of the Moot Court Honors Program, and President of the Women's Law Association.  Ms. Bitterman is a member of the Los Angeles Bar Association and Pasadena Bar Association.   She is married and lives in Burbank, CA.   In addition, she is currently training for her fourth half marathon, the Pasadena half marathon.

When you're in the middle of a contested divorce in Pasadena, it's difficult to find anything to laugh about. But five divorced comedians in New York are hoping their new comedy show proves that when it comes to getting over bad relationships, laughter is the best medicine.

Last week, New York City's Gotham Comedy Club announced its new show entitled, appropriately enough, " The Divorce Show." Marion Grodin, Sherry Davey, Ross Bennett, Steven Kent McFarlin and Teddy Smith make up the cast of veteran comedy performers, all of whom have been married and divorced at least once.

Grodin, the daughter of actor Charles Grodin, got divorced seven years ago while recovering from breast cancer.

"I've wanted to do a show like this for years, and when I got the call from Gotham about a month ago, I couldn't say 'yes' fast enough," she says in an interview with New York Daily News. "I think it's something that's going to be cathartic and have a lot of legs, because it's a world that so many people live through either with their own experiences or someone else's, even though it's something we still have a very difficult time finding the humor in, which is definitely out there."

Comedian Barry Weintraub, who also serves as the program's emcee, created the Divorce Show.

"Misery loves company, but divorce demands laughter if only just for survival," Weintraub says. "It's always easier to laugh at somebody else's pain, because almost everyone has either been divorced or is heading there. Then there are the rest of us who have at some point hooked up with the wrong person and paid the price." Weintraub hopes to turn the show into a monthly event at Gotham Comedy Club and would love to see it progress to a national tour.

"A comedy club is the perfect place for anybody who's suddenly single, regardless of their circumstances. It's laughter, it's alcohol, it's the complete package. At best, our comics will make it easier for people touched by divorce to move forward. And at the very least, if you're marriage makes the Middle East look like a lover's spat, then this show will numb the pain," Weintraub says.

Many older people looking for divorce help in Pasadena often voice concerns about their financial future. With a bleak economy and dismal job market mixed with little or no retirement savings, older Americans of any marital status have plenty to be concerned about. Now a new study commissioned by the Salvation Army finds that older divorcees have one more serious issue to worry about: homelessness.

Entitled "No Home at the End of the Road," the study examines the overwhelming housing stress currently affecting older single women. Divorced Baby Boom generation women, according to the findings, are one of the most financially vulnerable groups and are at a high risk of poverty and homelessness as they grow older.

One hundred eleven single women over the age of 40 who admitted they didn't expect to be homeowners before retirement were surveyed by Dr. Andrea Sharam of the Sinburne Institute. Seventy-seven percent of the 111 women surveyed were renting even though 79 percent of the women possessed higher education. These numbers deflate educational breadwinner theories, which suggest women with higher education earn larger salaries. And even those women in the survey who reportedly earned over $70,000 a year admitted to having minimal savings. In general, the majority of women received low monthly retirement payments or expected to do so. Fifty-eight percent predicted they would have less than $100,000 superannuation at retirement. Sixty-five percent of the women who are renting their homes said they were in debt. Most shockingly, a third of the women felt that they would never have sufficient income to retire while 20 percent felt certain they would need to keep working after age 70.

Sharam says divorced women are at particular risk regardless of their financial past.

"It's not about low income, it's about your life course," Dr. Sharam said in an interview with The Age. "You can do remarkably well, but as soon as you divorce, it's a different story."

Sports fans and divorce lawyers in Pasadena alike have been watching the contentious divorce of Dodgers owners Frank and Jamie McCourt rage on for nearly two years. In that time, we've seen the pair battle relentlessly over the team, which she says she's entitled to half of while he says he's the sole proprietor. After months of back and forth over which one of the spouses will end up with the struggling baseball franchise, it looks like a big time (and big dollar) settlement has finally been reached.

The Los Angeles Times is reporting that Jamie McCourt will walk away from the Dodgers and relinquish her rights to the team for a payout of $130 million. This agreement is expected to bring about the end of what experts believe is the most expensive divorce in California history. The settlement would dissolve Jamie's relationship with the team and would prohibit her from making any further claims. With Jamie out of the way, Frank can now pursue his publicized plan to retain ownership of the team by selling the highly-profitable television rights in U.S. Bankruptcy Court.

According to theTimes, Frank and Jamie McCourt "incurred $20.6 million in legal bills related to the divorce through July" while the battle for the Dodgers alone might have added an estimated $14 million in legal fees to the previous total. Frank isn't off the hook just yet, however. Mr. McCourt now has to face-off with Major League Baseball commissioner Bud Selig to decide the ultimate fate of the Dodgers. Selig has asked the Bankruptcy Court to force a sale of the Dodgers via court order. MLB officials cite financial mismanagement as the reason why the team should be sold publicly, while lawyers for Frank McCourt believe Selig is using the "enormous negative publicity" from the divorce to help force the sale of the team.

Many couples who work with one another, as divorce attorneys in Pasadena know, have a hard time staying together. From Sean Penn and Madonna to Michael C. Hall and Amy Spanger, dozens of Hollywood couples who also worked together professionally often wind up in divorce court. But after 27 years together, we seriously thought married Sonic Youth band mates Kim Gordon and Thurston Moore would beat the odds. Yet the indie rock couple announced over the weekend that they would be calling it quits.

Catherine Herrick, a spokeswoman for Beggars Group, the owners of the band's Matador label, had the unfortunate task of breaking the news to Sonic Youth fans in a statement released on Saturday. The cutting edge couple that were "married in 1984, are announcing they have separated," the statement read.

The indie rock pioneers, according to Herrick, will go ahead with the band's planned South American tour in November.

"Plans beyond that (November) tour are uncertain. The couple has requested respect for their personal privacy and does not wish to issue further comment," the statement read. The band is slated to play five dates starting with a November 5 show in Buenos Aires, Argentina. The five-date mini-tour will conclude on November 14 in Sao Paulo, Brazil.

Kim Gordon, 58, and Thurston Moore, 53, co-founded Sonic Youth in 1980 in New York amid the city's infamous "new wave" musical movement. Gordon played bass for the band, while Moore and Lee Ranaldo were on guitars. The band added drummer Steve Shelley in 1985. Their 16th album, "The Eternal," was released in 2009. Fans of the group of flooded the Internet with concerns that the professional pairing of the couple has ended with the marriage.

The couple lives in Northampton, Mass., with their 17-year-old singer daughter, Coco. Gordon said in the 2001 book "Our Band Could Be Your Life" about her relationship with Moore, "I guess it was love at first sight."

Sadly, psychologists, emergency responders and divorce attorneys in Pasadena have all seen their share of distraught exes driven to commit violent acts during a dramatic breakup. But even the most seasoned professional could not have predicted the events that lead to last weekend's Seal Beach shooting. Prosecutors say it was revenge and a desire to kill his ex-wife that led a man to go on a shooting rampage in a Southern Californian salon which left eight people dead and another critically wounded.

Remember to avoid saying things to your child like, "That(insert child's negative behavior here) is just like your father." This comment hurts your child at their core -- it acknowledges their connection to their other parent while at the same time criticizes them for it. It does not assist them in creating a solid foundation. This comment impacts your child's self-esteem. It also impacts your child's ability to create positive self-worth. I like to think of children as being born with a beautiful bright light inside. Each time your child hears a negative comment about someone they love (or are biologically a part of), their light dims just a little until they are really upset inside. When your child is upset on the inside, they act out on the outside. Hearing these negative comments erodes away the vibrant self-love your child was born with. Comments such as these are born out of anger and resentment. One of the best quotes I've heard on anger/ resentment is:

"Resentment is like taking your own poison and expecting the other person to die."- Author Unknown

Taking your own poison or giving this poison to your child is not healthy. We know from numerous studies that a great percentage of diseases are stress-related. Looking at the word disease, we can see disease. When we are not at ease we are in stress, which impacts our health and the health of our child. It is your responsibility as a parent to be healthy for your child. Your child needs you -- so let go of the bottle of poison and be healthy so you can attend to your child's needs. Especially the need of being able to love both parents. An angry parent does not equal a good parent. I ask you to be healthy for your children. You won't regret it, I promise.

Move over "freshman 15" - there's evidently two more life events, besides leaving home for college, that are triggering weight gain: marriage and divorce.

That's according to a new study by researchers at Ohio State University , who found that marriage and divorce can act as potentially dangerous "weight shocks" for both men and women aged 30-50, but in surprisingly different ways.  

For women, the extra pounds started to pile on in the two years after marriage. But for men, the battle with the bulge started soon after divorce.  

"Divorces for men and, to some extent, marriages for women promote weight gains that may be large enough to pose a health risk," commented study researcher Dmitry Tumin. "[Plus], the effect is stronger at later ages. As you get older, having a sudden change in your life like a marriage or a divorce is a bigger shock than it would have been when you were younger, and that can really impact your weight."

In addition to the age factor, researchers also speculate on whether traditional domestic roles play a role in who gains weight, and when.

"Married women often have a larger role around the house than men do, and they may have less time to exercise and stay fit than similar unmarried women," commented study researcher Zhenchao Qian. "On the other hand, studies show that married men get a health benefit from marriage, and they lose that benefit once they get divorced, which may lead to their weight gain."

Here are the 7 most important factors to remember when negotiating a divorce settlement:

1. Money will Almost Always Become an Issue in Divorce

You are probably thinking: "Is that supposed to be a secret? I knew that already!" Yes, that may be so -- but you may also be underestimating how much of an issue it will be. Even with the promise of fairness from your ex-spouse, or of a deal that sounds too good to be true, you should still do your homework. Remember not to make offers during negotiations out of feelings of guilt and "give away the farm." Seek out the appropriate professional and information, so that years from now you do not feel badly that you agreed to a settlement too quickly. You also want to budget, budget, budget! You will be much more confident in your decisions if you prepare an estimate of a monthly budget (required in some provinces and states) to determine if you can afford to retain certain assets.

2. A 50/50 Division of Property is Not Always Equal

When I began to use this phrase, my teenage daughter reminded me that in school, when children are taught about fractions and things are divided 50/50, it is always equal! I concurred, but explained that in the division of a couples' matrimonial property, this fact is not always the case. For example, a $400,000 house does not always equal $400,000 in stocks, or $400,000 in rental or recreational property. There are tax implications affecting many decisions, which may affect many of the assets and their values very differently. Overlooking this fact may mean that you get less property than you actually should, or at the very least, you may end up with future tax hits that you were not prepared for or even aware of. The housing market and stock market are just a couple of examples that in the future may affect the property you choose to retain and in turn your future personal net worth.

3. "Divorce the House, Before the Spouse"

Decisions about retaining the family's largest asset should not be an emotional one. As difficult as it sounds, this decision should be made strictly by considering the responsibility and the dollars and cents involved. You must find out before signing the legal agreement whether you can qualify for a mortgage on your own. Many people believe that a lender will simply remove their ex-spouse's name -- but that is usually not the case! Speak to a lender as soon as possible to find out if you can qualify and (if so) how much you can qualify for. If you do qualify, make sure you ask yourself these questions:

Can you afford the monthly cost to service this debt? What about the costs of maintaining the home? Things like, utilities, property taxes, and unexpected maintenance such as a new roof? Do you have the time and energy to maintain a home? Will you be left with 25 years of 'stuff' to deal with on your own? Are you prepared to mow the lawn, and clean your home?

4. Understand the "True" Value of Your Investments and Retirement Assets

Get advice on the market risk of your investments. Will you be satisfied if you are the partner left with all of the high risk investments, and then the market takes a turn for the worse? Will you be satisfied if you did not retain 50% of the private investment that today is worth little -- but can be extremely lucrative down the road? If you are dividing a portfolio of investments, it is extremely crucial to understand the make-up of these assets, and the background on some of these stocks and funds, before making a decision. There are hidden or unknown costs associated with many types of investments. If you decide to dispose of them, you must be aware of this fact. A surprise that you owe the 'tax man' money down the road will likely be very stressful. You may also need to be educated on stock options and other types of employee incentive plans that you or your spouse may have. These types of plans have become more prominent in recent years, as more employers have chosen to offer them to employees instead of raises. Options that may be 'under water' today may increase significantly in value down the road as the economy slowly improves.

5. Ensure that Pensions and Businesses are Valued Properly

Next to your home, a pension -- especially for an employee that has been with his or her company long term -- can often be one of the most valuable assets that a couple has. Certain types of pensions may need to be valued by a trained actuary in order to determine its true value. Failure to do this may mean that you miss out on a great deal of money being included in your matrimonial property total. Remember that the value on the annual statement of a pension is not always the correct one to use. It is also necessary for the spouse with the pension to look into the regulations of that pension, in order to determine the amount that the spouse is entitled to receive, and in what manner. For self-employed spouses, the value of their business is often included in valuing a couples' matrimonial property. The valuation of a business can be very complicated, and for many it is absolutely necessary to consult with a Chartered Business Valuator.

6. Ensure that the Payor of Child and/or Spousal Support is Life Insured

In the event of a payor's untimely death, it is necessary to have life insurance in place to fulfill future support obligations. Imagine if you have young children and are receiving child support, or if you are in your 50s or 60s and receiving spousal support (or alimony), and something happens to your ex-spouse (the payor)? In such cases, you will suddenly be without that income, which may be financially devastating.

7. Many Divorce Decisions have Significant Implications for Your Tax Return

There are many available claims on your tax return, especially with respect to children, which can save you significant tax dollars. The rules for most of these are complicated -- especially as they apply to separated parents. However, when applicable, the tax savings can be significant. Do your research before signing your legal agreement, and have a professional complete at least your first tax return after legalizing your financial settlement. These are the 7 most important factors to remember when negotiating a settlement. Treat the financial decisions as a business deal, and educate yourself on the facts so that you will be an empowered decision-maker, and in control of your financial future. Also keep in mind that divorce is one of the few times in life when we often do not listen to our intuition, although it is the most important time to do so!

Divorce attorneys in Pasadena know that animal lovers are willing to go to any lengths to make sure their beloved pets end up in the right place after a divorce. After all, dogs and cats become members of our families. But sometimes the fight for animal can get downright nasty. Lucy the goldendoodle is the latest victim of a parental pet tug-of-war brewing in New York.

Family attorneys in Pasadena have seen a number of high-profile child support cases thrust into the public eye this year, and the latest to makes headlines comes from the world of politics. Outspoken Tea Party congressman Rep. Joe Walsh is being accused of owing more than $115,000 in child support. Walsh says his ex-wife, Laura Walsh, is lying about their payment arrangement; the two are expected to face off in court in the upcoming days.

According to the Daily Herald, Walsh has called the reported total "wildly and off-the-charts inaccurate" and that his ex-wife's allegations are a "misguided attempt" to exploit his position as a member of congress. The couple had a "verbal understanding" to divide the children's expenses to avoid resorting to traditional child support payments, Walsh says. Under this understanding, the congressman was not required to make any payments from March 2008 and December 2010, Walsh claims, adding that he even paid her more than was required from November 2005 to June 2007. He asked the judge to deny Laura Walsh's request for his current payments to be increased. He is also asking that her demand to suspend his driver's license and freeze his bank accounts also be lifted.

Walsh says the timing of his ex-wife's filing, just weeks after he won the 2008 election, is suspicious. Her attorney has poo-pooed the congressman's suspicions by telling the Daily Herald, "What does the congressman think we should have done? Not filed because he was a congressman?"

In September, Cook County Judge Raul Vega sided with Laura Walsh. Judge Vega told Walsh he needed to prove that he made the child support payments in question.

Currently, $2,134 is deducted from Walsh's income as a member of congress every month to go toward his back child support obligations as part of a withholding order.

Unfortunately, family attorneys in Pasadena have seen divorcing couples engage in verbal battles and dramatic fights long after they've moved away from one another. This week, country singer Sara Evans fought back against her ex-husband Craig Schelske, who'd spilled the beans about their marriage on Anderson Cooper's talk show this week. She wants him to zip his lip while he contends she's violating his First Amendment rights.

Schelske sat down with Cooper with Judge Jeanine Pirro on September 20 to tell his side of the story. Schelske says he was ordered by his famous wife's lawyers to keep his mouth shut and therefore couldn't defend himself against the now-famous infidelity and porn addiction allegations. Pirro defended Schelske by saying, "Craig could not say whether or not he done the things Sarah's lawyers had accused him of. I'll say it for him, the answer is no. He's precluded by a confidentially agreement and you don't get a judgment for slander against attorneys unless what they said was wrong." Schelske told Cooper he lost custody of his three children because of the allegations.

Team Evans was not pleased with the interview, even though Schelske actually said very little about Evans and the details of their relationship. Evans filed for a second restrain order on September 21, the day after the interview, to ban her ex-husband from making any further statements about their divorce. The singer claims her children were harmed by the contents of the interview with Cooper. A judge agreed with Evans and granted her a restarting order against Schelske the same day.

Schelske and Evans married in 1993 and divorced in 2007. At the time of their divorce, both parties signed a confidentiality agreement to prevent either person from talking about their divorce and subsequent custody battle. Evans is currently married to retired football star Jay Barker and lives with him and their combined clan of seven children in Birmingham, Ala.

Self-compassion is described as a "combination of kindness toward oneself, recognition of common humanity, and the ability to let painful emotions pass." And researchers at the University of Arizona say self-compassion is proven to help recently-divorced people get over a painful divorce faster.

Researchers studied 38 men and 67 women with an average age of 40 who had been married for more than 13 years and were divorced an average of three to four months. Subjects who had higher levels of compassion for themselves were able to recover from the often-devastating emotional effects of a divorce. The results of the study appear in an upcoming issue of the journal Psychological Science and the findings could help divorcees put their lives together faster.

"We're not interested in the basic statement, 'People who are coping better today do better nine months from now.' That doesn't help anybody," said study co-author David Sbarra in a journal press release. Many positive characteristics, like self-esteem and optimism, also were studied, but he found more than others "this one - self-compassion - uniquely predicts good outcomes."

Sbarra also notes that self-compassion isn't something that individuals can be forced into having.

"It's not easy to say, 'Be less anxious,'" Sbarra said. "You can't change your personality so easily. What you can change is your stance with respect to your experience."

When divorced people use their failed marriages as positive experiences to bring about change while not blaming themselves, Sbarra said, anxiety and isolation could be less painful.

"This study opens a window for how we can potentially cultivate self-compassion among recently-separated adults," Sbarra said.