All posts by Torrence Howell

Call a Family Law Attorney in Claremont CA to Help with Your Divorce

Call a Family Law Attorney in Claremont CA to Help with Your Divorce

It is true that California is what’s known as a “no fault” state. This means that divorce proceedings should be more amicable than in other states because neither side has to prove that the other side is at fault. However, this is not always the case. There are always important, complicated issues to deal with, from alimony to custody to property division. This is why you need a family law attorney in Claremont CA who has experience with it all.

To find out more about what the most important things are regarding your divorce, read on. Please then call Law Offices of Torrence L. Howell at (909) 920-0908 for a free legal consultation. We are here to help you move forward and get the help you need in the process. We will advocate for your rights at every step of the process.

We can help with all aspects of a divorce

There are many aspects of your divorce, all of which must be handled by an experienced family law attorney in Claremont CA. For example, we can help with property division, alimony, business property division, child custody, child visitation, and child custody. Note that these are some of the most common issues that those going through a divorce need help with. If there are other issues involved in your divorce, you can count on us to help.

Yes, you need to hire a family law attorney in Claremont CA

Are you required by law to hire a family law attorney in Claremont CA? No. However, it is always best to have your interests looked after by an experienced attorney. Even if you are not going the litigation route and instead are going through mediation, you still need an attorney to look over your settlement. Even if you do not have kids, even if you have few assets, even if the divorce was short, it is always worth it to talk to an attorney.

Remember that your attorney has many roles to fill. They will take care of essential legal tasks and they will ensure that your divorce filing is done correctly. They will service papers to your spouse if needed. We will provide the essential information you need about your rights and options so that you always know your rights are being protected.

If you decide not to hire a family law attorney in Claremont CA, you may risk agreeing to a divorce settlement that is not fair. You may end up paying more in alimony than you should, you could end up with an unfair property allotment, or you could end up without the custody you are entitled to. The best way to prevent this unfortunate situation is to contact an attorney today. You can reach Law Offices of Torrence L. Howell at (909) 920-0908 now for a free legal consultation.

Can a Family Law Attorney in Pomona CA Help You Modify Your Custody, Child Support, or Alimony?

Can a Family Law Attorney in Pomona CA Help You Modify Your Custody, Child Support, or Alimony?

Ideally, any child support, child custody, or alimony agreements you’ve signed or been assigned are fair. However, they may not be. If that is the case, then a family law attorney in Pomona CA may be able to help. Even if they were fair at the time they were issued, that does not mean they are fair now. If you need to modify your family law documents then there is good news: Law Offices of Torrence L. Howell is here to help.

Are modifications applicable to your alimony situation?

Not everyone is eligible for modifications to custody or support agreements. However, if spouse who is supporting the other has a decrease in income, or the spouse who is being support has an increase in income, then alimony modification may be applicable. For example, if the paying spouse loses their job or the support spouse gets a new job or a raise, or if the supported house gets remarried or moves in with a romantic partner, then alimony modification may be appropriate.

There are a few situations in which there need not have been a major financial change in order to be granted a modification to alimony. This is generally the case if the supported spouse is making no effort to become employed and / or to support themselves. In this case, the right family law attorney in Pomona CA could convince a judge to terminate or modify the support agreement.

Should you call a family law attorney in Pomona CA for help with a child support modification?

We can also help you if you are in need of changes to your child support agreement. This can be due to a number of situations. If you are the paying parent then it may be the result of changes to your income or health that prevent you from paying as you once did, it may result from a change in custody, or because the child has been emancipated.

If you are the parent receiving child support then you may want it modified due to your child requiring additional support for a medical or educational reason, or your child may have reached 18 and still need support due to a disability.

Call us now if you need help with child custody modifications

The first goal of any child custody agreement is to ensure that the best interests of the child are being met. There are many reasons that a custody agreement should be modified, including protecting a child from an unsafe environment, relocation of either parent, or if one parent was previously unfit but has taken steps to improve and has demonstrated that they are now ready to have contact with the child.

If you believe that you are in need of any type of family law modification, whether for your child custody agreement, your child support amount, or your alimony agreement, please contact Law Offices of Torrence L. Howell at (909) 920-0908 for a case evaluation.

Work with a Family Law Attorney in Rancho Cucamonga CA Who Can Help with All Family Law Matters

Work with a Family Law Attorney in Rancho Cucamonga CA Who Can Help with All Family Law Matters

When you are dealing with any type of family law dispute, it is likely that there are emotions running high on all sides. This can be a difficult situation in which to focus solely on the legal aspects. At Law Offices of Torrence L. Howell we know that you need an experienced family law attorney in Rancho Cucamonga CA who can help with all your family law needs. Read on to learn how we can help and then contact us at (909) 920-0908 to set up a consultation.

We can help with alimony needs

Whether you need temporary alimony to get through your separation, or you need permanent alimony to be incorporated into your final divorce settlement, we can help you. If you are being asked to pay alimony then we can help with that too. No matter what side you are on, we are here to help.

Turn to a family law attorney in Rancho Cucamonga CA for help with child custody and support

Any child custody battle has the potential to be challenging. You want to protect the best interests of your child but your own interests must be protected too. This can be difficult to handle on your own but Law Offices of Torrence L. Howell can help. Whether you’re a parent, stepparent, grandparent, or another person with a strong bond with the child, a family law attorney in Rancho Cucamonga CA is here for you.

If you are not the custodial parent of a child then you are likely to be asked to pay child support. The state of California has guidelines established to offer baseline amounts for that support, but this is a general guideline. It may not be right for your unique case. Attorney Howell can help with negotiations, mediations, litigation, and other services related to child custody.

You need the best attorney to handle your divorce

You have found a family law attorney in Rancho Cucamonga CA who can help with all types of divorce proceedings. Whether it is a simple case in which you just need a legal opinion, or a complicated one in which you need an aggressive negotiator, we are here to help. which you need an aggressive negotiator, we are here to help. Take advantage of Attorney Howell’s honest opinions and tireless commitment to help clients with whatever family law needs they have.

Do you need help with divorce or custody modifications?

Just because you signed on the dotted line one day does not mean that what has been decided will work for you a year later. This is why modifications exist. We can help you with modifications related to child custody, child support, alimony, and other divorce issues. The next step is to contact a family law attorney in Rancho Cucamonga CA who can help with your case. Call Law Offices of Torrence L. Howell today at (909) 920-0908 to set up your consultation.

Ask a Business Law Attorney: What Are the Main Differences Between Federal and State Courts?

Ask a Business Law Attorney: What Are the Main Differences Between Federal and State Courts?

Being involved in business litigation is never something a company looks forward to. However, whether it is heard in the state court system or the federal court system can have a huge impact on how complex the case is. Read on to find out how these two court systems are different. Then reach out to a business law attorney who can help you with your business litigation.

There is a big difference between federal and state judges

A California judge is elected by the people of the state. On the other hand, a federal judge is appointed. This gives the judges differences in authority. In most cases, a federal judge is more likely to have a deep understanding of and better credential compared to state judges. Of course, state judges are also highly experienced but they do not always possess the same level of credentials as federal judges.

Federal courts tend to be more formal

Federal courts are more formal than state courts in just about any way you can think of. It is common for a federal judge to have held a high position with a prestigious law firm. It is common for them to have run a successfully private practice or to have served as a well-respected federal prosecutor. As a result, they are more rigid.

In fact, even at the clerk level, the federal court system is more rigid. The rules are strict and the judges go by the letter of the law when it comes to processes and documents. You can expect a federal judge to be entirely unwilling to bend in the way they apply Federal Rules of Evidence. On the other hand, California judges are bound to the California Evidence Code, which is not as strict. Additionally, depending on the specific law in front of the judges, it is common for state judges to have more leeway regarding their rulings.

Federal courts are generally more expensive

The fact that federal courts are so rigid is one of the reasons that federal lawsuits are much more expensive to litigate compared to state lawsuits. It is true that there is no such thing as a cheap lawsuit, but it is common for a company who is facing federal litigation issues to instead choose the more affordable arbitration or mediation option.

Both courts require an experienced attorney

No matter what court your business law issue is being handled in, you need an attorney who can help you through the process from A to Z. Reach out to Law Offices of Torrence L. Howell to speak to an experienced attorney who is ready to help you. Call (909) 920-0908 or send your info to info@torrencelhowelllaw.com to get the process started.

Dropped, Dismissed, and Acquitted: Learn About Different Potential Outcomes for Domestic Violence Charges

Dropped, Dismissed, and Acquitted: Learn About Different Potential Outcomes for Domestic Violence Charges

When a person faces criminal charges, they may hear the terms “dropped” and “dismissed” used interchangeably. However, in legalese they mean two different things and the outcome of a case is very different depending on whether it is dropped or dismissed. Read on to learn about the distinction. Then contact Law Offices of Torrence L. Howell at (909) 920-0908 if you need legal assistance with a domestic violence charge.

What it means when charges are dropped

If a case is dropped by the prosecution, that means that the prosecution has made a decision to withdraw the charges against you. When they do so, the charges are stricken. The prosecutor may drop all charges related to a domestic violence case, or they may drop just one type of abuse charge and move forward with other charges.

The most common reason that prosecutors will drop charges against a defendant is because they no longer believe that they have enough evidence to win their case. This may be because they have uncovered additional information and believe the defendant to be innocent, or it may be that the facts they have just do not add up to enough to convince a jury or judge.

In domestic violence cases, this can happen if the prosecution is presented with evidence that the case was related to self-defense. In other instances, the prosecutor could agree to drop charges as part of an agreement with the defendant to engage in diversion or to plead guilty to certain charges in exchange for their more serious charges being dropped.

What it means when charges are dismissed

If a case is dismissed then a judge has found reason to stop the charges against the defendant. This may be because the judge found that there were legal errors or because they believe that there is insufficient evidence that the defendant committed the crime. Another example would be if the judge believed that the defendant did commit the acts they were accused of but did not find that the acts fit the legal definition of the crime they were accused of.

What it means when a defendant is acquitted

If the case is taken to trail and the jury finds the defendant not guilty, then this is known as an acquittal. Essentially, it means that the defendant has beat the charges. It may not mean that the jury believes the defendant is innocent, but it does mean that they believe the prosecution did not prove guilty beyond a reasonable doubt.

Domestic violence is a serious charge. California laws should be appropriately administered to hold the guilty accountable without sacrificing the freedom and good name of those who are not guilty. If you are involved in a domestic violence case, no matter which side you are on, then we recommend contacting Law Offices of Torrence L. Howell at (909) 920-0908 for a legal consultation right away.

Has Your Copyright Been Infringed? The Answer May Not Be as Simple as You Think

Has Your Copyright Been Infringed? The Answer May Not Be as Simple as You Think

When a person creates a work from their own ideas and uses their own vision to complete it, they want to protect it from being used by or attributed to someone else. This is not difficult to understand and it is why copyright exists. Many people think of copyright law involving just musicians, artists, and writers, but in fact many companies of all sizes and types are covered by copyright laws.

That said, at Law Offices of Torrence L. Howell we find that many companies do not have a thorough understanding of these laws, how they impact their own intellectual property, and what can be done if their copyright is infringed. Read on to get answers to these tough questions. Then contact us at (909) 920-0908 to get answers to your business law questions.

The types of work covered by copyright laws

According to U.S. copyright laws, literary, theatrical, musical, choreographic, motion picture, and audio-visual works are protected. Title 17 of the U.S. Code, which governs most of the copyright issues in the United States, also includes architectural works, software code, and engineering designs. In order for any of these described things to be covered, they must be fixed, which means that they must be fixed in a way that is capable of being reproduced.

The types of work not covered by copyright laws

On the other hand, specific types of work cannot be copyrighted. This includes common property (for example, a chart or calendar), typography, symbols, contents lists, procedures, works in the public domain, and processes. Certain things that a person may think should be covered by copyright are actually covered by trademark law, such as names and slogans.

Registered vs. not registered

You may have heard that a work is copyrighted automatically when it is published and that it is not necessary formally file a copyright. This is partially true. Common law copyright does take effect as soon as something is published. However, it does not have the same level of protection as a federally registered copyright does. For example, if your copyright is infringed and you want to file a lawsuit for statutory damages, the work must have a federal registration on file.

Infringement can be up to interpretation

If a person or company blatantly copies your work then it may be obvious. However, this is not the most common way in which copyright is infringed. Instead, there are often instances in which large parts of a work are reproduced. Think, for example, of a song melody that is used within the structure of a different song. It is the job of the judge to determine if the works are similar enough in whole to involve an issue with copyright infringement.

Contact us today if you have questions about copyright law

If you have reason to believe that your copyright has been infringed on, or if you want to ensure that you have legal recourse if it ever is infringed on, then you should contact Law Offices of Torrence L. Howell at (909) 920-0908 as soon as possible.

The Most Important Factors to Consider When Making Custody Agreements

The Most Important Factors to Consider When Making Custody Agreements

As a parent, there is nothing as important to you as the welfare of your child. As you consider the best way to move forward with a custody agreement, make sure that you are considering both the long-term and short-term consequences of anything you come up with. Keep reading to get some advice on the factors that should be considered. Then reach out to Law Offices of Torrence L. Howell at (909) 920-0908 to speak to an experienced family law attorney.

You have three main parenting options

First, it is important to understand what your parenting options are. There are three choices, beginning with sole decision making by one parent. Another option is joint decision making between both parents but primary custody with one parent. Finally, the third option is for the child(ren) to live in both homes and for both parents to make decisions about their lives and welfare.

Make sure to consider all visitation and access issues

If you are not thinking of the long-term situation then you may only think of visitation and custody today but the truth is that there are many other things to think about. Yes, you should start by determining who will have the kids on the weekdays and weekends but what happens during holidays and long weekends? What about school breaks and summer vacation?

Do you want birthdays taken into consideration? For example, who gets the kids on their birthday, and do you have a provision to have your child on your own birthday? What about other special occasions? What is the process in place for a notice of change? If there are expenses incurred in missed time with the kids, who pays them? These are just some of the things that should be considered and ironed out within the custody agreement.

Consider potential geographic restrictions

If you and your co-parent both live in the same state and city today then you will likely have an easier time coming up with a custody agreement compared to co-parents who live out of state. That said, do not assume that you will always live in the same state. You should have rules in place for what to do if one parent needs to move out of the city, state, or even country. There should also be provisions for potential foreign travel.

Spell out who has access to records

If one parent is going to be the primary caregiver and the other will only have occasional visitation, then it is possible that the caregiving parent will not want the other parent to have access to records. This may include school records, medical records, and similar. Your custody agreement can spell out what they have access to. If you do decide to prevent them from having access then make sure you let the doctor, school, etc. know that the child’s other parent does not have a legal right to these documents.

There May Be More California Alimony Options Than You Realize

There May Be More California Alimony Options Than You Realize

Alimony, which is more commonly referred to as spousal support in legal terms, is a situation in which one spouse pays another spouse support after a divorce is final. There are many reasons that the courts can order alimony but one thing is always true: It is designed to support the receiving spouse, not the children. That is covered by child support.

According to California law there is just one type of alimony but there are many factors that are considered to decide if it should be given. As a result, though they are not named, there end up being specific types of alimony that are awarded. If you feel that you are entitled to alimony, or if you are being asked to pay it and do not find it fair, the new highly encourage you to contact Law Offices of Torrence L. Howell at (909) 920-0908 for a legal consultation.

Temporary alimony

Temporary alimony refers to alimony that is awarded before the divorce is final but after the couple has legally separated. It is not meant to continue for a long period but is rather there to ensure that the receiving spouse can pay for an attorney, housing, and other expenses as the divorced is finalized. Temporary alimony may also refer to alimony given for a short time after the divorce is finalized to give the spouse an influx of funds for things like a security deposit and moving costs.

Rehabilitative alimony

If one spouse is given rehabilitative alimony, then it is intended to help them get the skills or education they need to support themselves. This is often given when one parent was a stay at home parent and after years of marriage must get a job with little to no job experience. Rehabilitative alimony can pay for the costs of schooling, training, or certification, as well as living expenses while said rehabilitative actions are being taken.

Permanent alimony

In some cases, the court may order permanent alimony. This is most commonly the case in instances where one spouse needs ongoing medical care because they are disabled, ill, or older. Despite the name, it is not actually permanent. Instead, a person can go to the courts and file to have it modified at a later date. If the receiving spouse remarries, then permanent alimony will almost always stop.

Lump-sum alimony

It’s common for alimony to be paid on an ongoing basis but it is not the only option. When a person needs a sum of money right away but does not need ongoing help then a lump-sum amount may be given. It could be used to buy a house, pay off student loans, or other one-time expenses.

Which of these alimony options fits best for your divorce? Should you be paying alimony? Should you be receiving alimony? These answers can only be found when an attorney looks at your specific situation. Contact Law Offices of Torrence L. Howell at (909) 920-0908 to get started.

What is 50/50 Custody and Is it the Best Option for Your California Custody Case?

What is 50/50 Custody and Is it the Best Option for Your California Custody Case?

California judges prefer to give both parents partial custody whenever they can. In the case of joint custody, both parents who have equal parenting time are often said to have 50/50 custody. First, we will clarify if 50/50 custody and joint custody are really the same thing. Then we can discuss whether or not it may be the best option for your case. For more personalized help, reach out to Law Offices of Torrence L. Howell at (909) 920-0908.

Is there a difference between 50/50 custody and joint custody?

First, you should know that there are two types of child custody. The first is legal custody, which gives a parent the right to make legal decisions for their child’s life. If parents have joint legal custody then they can both make decisions regarding health care, school, religion, etc. This does require parents to either come to a compromise on things they disagree on or get the courts involved to find a compromise. A person can lack legal custody yet still be required to pay child support.

The other type of custody is physical custody. This refers to a parent who actually has the child in their custody. Even when joint physical custody is established, it is common for one parent to have more time with the children than the other. They are then referred to as the custodial parent or the primary custodial parent.

50/50 custody is not as common as you may think

The courts find 50/50 custody to be ideal for many reasons. They like to see parents involved in their child’s life but this is not always an option. The truth is that pure 50/50 custody – where the child spend 50% of their time with each parent – is less common than many assume. Most of the time one parent will have primary custody. The question will be whether it will be split 60/40, 70/30, or any other way.

How to get 50/50 custody

If you do want 50/50 custody then you will need to sit down and figure out an arrangement that will do that. Note that custody divisions are counted by the number of nights a child sleeps in each house. 50% of the year would be 182.5 overnights, which as you can see is already complicated by the half day. Then you must decide how to split up holidays, birthdays, vacations, etc.

The bottom line is that if you want 50/50 custody then both you and the co-parent are going to have to give up some time with the child and miss certain important dates or holidays. That said, the upside is that you will get your child 50% of the time.

We can help you find the right custody agreement

We do not necessarily recommend focusing too much on getting exactly 50% custody. The goal is to find out how custody could work best in your life and the life of your child. If that ends up as 52% custody or 45% custody then it may be better for everyone than nitpicking to hit an arbitrary goal of 50%. To find out more how an attorney can help you find the right custody options, reach out to Law Offices of Torrence L. Howell at (909) 920-0908 now.

Get Answers to Common Business Questions from a Qualified Attorney

Get Answers to Common Business Questions from a Qualified AttorneyIf you are in business then you have questions about business law – it is as simple as that. We highly recommend that you take your specific questions to a business law attorney who can help with your specific needs, whether they are related to business disputes, contract resolution, or something else entirely. In the meantime, keep reading to get answers to some common questions we get.

I am getting divorced – how can I protect my business?

If you own it, then it is likely the assets of your business are going to be considered during property division in your divorce. The worst thing that could happen is that you could have to liquidate your business assets in order to fulfill the obligations of the divorce. The good news is that your attorney can likely fight this.

There are also steps you can take proactively to protect your business from divorce. For example, you can draft a prenuptial agreement (or postnuptial if you are already married), you can prevent your spouse from contributing their own work or assets while you are married, you can have a lockout provision on the partnership, LLC, or shareholder agreement of your company, or you can pay yourself a competitive salary. We can help you find the right strategy for your unique situation. Contact Law Offices of Torrence L. Howell at (909) 920-0908 for a consultation.

Is a lawyer required if I want to sell my business?

It is not required but it is highly recommended. Your attorney can look at the sales contract to ensure it is fair and that your best interests are being represented. We can help you avoid issues such as getting stuck with liability for ongoing expenses and / or liability during the transition process.

My company has been accused of breach of contract. What do we do?

If another party has brought a breach of contract allegation against you then you should always take it seriously. Your next move should be to contact an experienced attorney who can review your contract. We can look for the facts of the alleged incident to see if the grounds for breach of contract are valid. Once we know what we are looking at, we can work to resolve the issue either through mediation or arbitration.

If it is not possible to come to a resolution in either of these ways then you may end up defending your company in court. That certainly requires an attorney and you are going to want an attorney who has been working on the case since the beginning.

Get a consultation with a business attorney today

Now is the time to get a consultation with a business attorney. No matter what your question is or what your concerns are, you can count on Law Offices of Torrence L. Howell to have the answers for you. Reach out at (909) 920-0908 or info@torrencelhowelllaw.com and hire an attorney you can count on to be on your side.