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Property Issues

How To Pay For An Attorney When You’re Strapped For Cash

by davidpisarra on September 19, 2008

We all know the joke about why divorce is so expensive - because it’s worth it. 

Living in Los Angeles, everything is expensive, and these days cash is getting tight for many people. As the cash crunch gets tighter more relationships are breaking up. When couples start fighting over money, usually the lack of it, the divorce is not far off.

It is at this critical time that you most need to have the advice and counsel of a good lawyer, one who is experienced and knows the courts, which means they are going to charge for their time. Time is how an attorney charges for their knowledge. 

In California clients can hire family law attorneys and give them what is called the Family Law Attorneys Real Property Lien. This is a way for you to access your home’s equity, without having to put out too much of your cash today. Frequently lawyers will take a case with a smaller retainer, if they have the protection of the Family Law Attorneys Real Property Lien.

Think of it like a home equity line for your defense. It’s a way for you to get the representation you need today, to make sure you have something left tomorrow. The way it works is you and your attorney agree that they will be paid out of your half of the community property equity in the home, if you don’t pay your bill otherwise.

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“Nice Doesn’t Count in Court” - Divorce360.com

by davidpisarra on August 5, 2008

Here’s a quote from an article in which I say:

“Nice” isn’t codified in the family code so judges have no parameters to use it,” said David Pisarra, 41, partner in the Santa Monica, Calif., law office of Pisarra and Grist. “It speaks to the fact that marriage is a business contract and emotions have very little impact in proceedings.”  

The full article is here: http://www.divorce360.com/articles/695/nice-doesnt-count-in-court.aspx

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How Men Get SLAUGHTERED In A Divorce

by davidpisarra on August 5, 2008

THE CAREER TRAP FOR MEN

             “Men always take it in the shorts, in court” – this is a very common sentiment among the husbands and fathers who are entering into the arena of battle called Family Court. It is an extremely unfamiliar playground for most men, because the rules of the game run contrary to what we as young boys are taught.

            As a child, a boy is taught to be tough, don’t let your emotions show, and conquer the other side with overwhelming strength. In the adult world of business and careers, those are exactly the skills that one needs to succeed.

            As a new husband and father, men are taught to be a good provider, which means to bring home a big paycheck to buy a big home, to pay for daycare and after-school activities like gymnastics, ballet, little league and soccer. This drive for career success provides men with a sense of accomplishment as they become the stereotype of ‘American Dad’.

            Then the divorce comes. Custody battles start, and the fight over money to support the child begins.

            This is where most men lose the battle before they even go into court. Not because the court is inherently against them, but because they don’t know the rules, and more importantly the goal of the game. [click to continue...]

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“When Attorneys Hate Each Other” - Divorce360.com

by davidpisarra on August 3, 2008

Here’s a quote from me in an article on Divorce360.com:

“Lawyers are supposed to act as buffers between their clients. If I have a cooperative relationship with the opposing counsel, I get the best results for the client with least amount of cost,” said David Pisarra, 41, practicing family law attorney of 10 years, who heads the Santa Monica, Calif. law office of Pisarra and Grist. “If the other side just wants to battle, it creates acrimony. And that acrimony is counterproductive. What we are tying to do is split up their stuff and work with issues of custody and support of the kids. It doesn’t facilitate that at all if I don’t trust the other lawyer or get papered to death.”   

The full article is here:

http://www.divorce360.com/articles/696/warring-divorce-lawyers.aspx

Trying to be an island of calm is not always easy, particularly when the other side really wants to burn through their clients fees, and then make your client contribute, because “he makes more money” - an opinion I have heard far too often.

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DON’T BE A “GOOD GUY” AND PAY OFF THE DEBT!!!!

by davidpisarra on August 3, 2008

NEVER PAY OFF THE DEBT BEFORE THE DIVORCE!!! 

            When it comes to strategy most men are really good at figuring out when to hold a poker hand, or call a Hail Mary in football. We spend hours talking about what works, what doesn’t and why. Men can spend all afternoon on a boat, with a six pack, talking about how to beat the casinos in Vegas, but when it comes to planning a divorce they clam up and what little instincts we have are usually wrong. A man will tend to do what he thinks is the “right thing” to do, and frequently it is the wrong thing to do, when you are going through a divorce.

            A common occurrence among the men who come to our office is that, they have just recently paid off all the debt. Sometimes they have refinanced their home and used an equity line on their home to get a lower interest rate on their credit card debt, and paid off their soon to be ex-wife’s credit cards.

            These are good things to do, if you are planning on staying married, but they are huge mistakes when it comes to the strategy of planning for a divorce. [click to continue...]

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The BIGGEST Mistake Men Make In Divorce Court

by davidpisarra on August 2, 2008

THE BIGGEST MISTAKE MEN MAKE

            Men and women react differently to the divorce process. Men tend to view the assets of a marriage as highly disposable. This is where most men, at least those who complain about how “the system” did them wrong, make their mistake.

            Frequently, when a man comes into my office for the initial consultation, he will sit down and make the following statement: “ It’s over, I want out. What’s it going to cost me? How long will it take?”

            As a man, I can say that we are taught from the age of 0, to be self-sufficient, to view the world in such a way as to take what we need, to build our environment. We are supposed to know when to take a sacrifice bunt, in order to gain a homerun.

            These traits are what make men successful in the world, when they are dealing with other men, in business. Those same skills, fail men miserably when it comes to the arena of divorce. [click to continue...]

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Prepping Your Records For Divorce.

by davidpisarra on August 1, 2008

I was quoted in another Divorce360.com article, “8 Budgeting Tips during Divorce”:

Critical records like your will, birth certificate, passport, 401(k) statements and tax returns, should be stored in a safe and easily accessible spot, such as a safe. Keeping things neat and clean is crucial for divorcing couples. “Make copies of everything related to financial issues,” said Santa Monica-based family law attorney David Pisarra. “When couples split up, bills are no longer jointly paid so if you are contemplating a divorce it’s critical to acknowledge the financial components that come along with it.”  

In my Family Law Handbook, which you can download as a free PDF at www.mensfamilylaw.com, I explain further what to prepare for, and how get ready for a pending divorce. The short version is 1) Stockpile cash in a safe place, 2) Take the Documents you’ll need - it’s always easier to give the other side copies, than try to get them to give you copies.

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