All posts by Torrence Howell

California Alimony: How It’s Determined and What You May Be Eligible For

California Alimony: How It’s Determined and What You May Be Eligible For

There’s nothing fun about getting divorced. In addition to the likely complicated feelings, there are also a host of legal and financial things to deal with. At Law Offices of Torrence L. Howell, we know how unpleasant this process is. We know that most people simply want to get it over with as soon as possible. That’s why you can expect that we will provide you with effective, comprehensive, and efficient help. Read on to learn more about California alimony and then reach out to us at (909) 920-0908 for a free consultation.

The factors that affect how much alimony is given

There are many factors involved in deciding the amount of alimony, but the most important of those factors is what the financial situations are of both spouses when the divorce takes place. If one of them couldn’t possibly maintain their standard of living without help, and the other one is able to provide them with assistance, then alimony may be awarded.

Other factors that can affect alimony include how long you were married, the contributions both spouse made (this includes both financial and household / child care), the financial resources of each person, the age of health of both spouse, and the physical and emotional wellbeing of both parties. For more information about how much alimony you may be awarded, check out our alimony calculator or call us directly at (909) 920-0908.

There are several types of alimony

If you work with Law Offices of Torrence L. Howell, as soon as we begin the proceedings for your divorce, we’ll seek a temporary alimony order. As we work to seek permanent alimony, there are a number of types of alimony you may be eligible for:

  • Transitional alimony. This is almost always a one-time payment meant to give one spouse the money needed to buy a car, move, or do something else that would be necessary for them to become independent.
  • Lifetime alimony. If you and your spouse were married for a decade or more, then you may get monthly alimony until your spouse passes away or until you remarry.
  • Rehabilitative alimony. This is designed to give you the money required while you get more education, learn a new job skill, or otherwise improve your chances of being employed. This is generally awarded for a specific period of time.

If you have more questions about these types of alimony and which option is best for you, feel free to reach out to Law Offices of Torrence L. Howell at (909) 920-0908.

Do you need to hire an attorney?

If you and your spouse agree about alimony, then you may wonder why you need an attorney. First of all, remember that you once agreed to get married and yet in the long run that didn’t work out. The same is true of any alimony agreement you make – either one of you could change their minds at any point. This is why you need to work with an attorney who will not only make sure you get what you deserve, but that the agreement is ironclad. Contact us at (909) 920-0908 today for a free consultation.

Should You Hire an Attorney to Help Draw Up a Contract? The Answer May Surprise You

Should You Hire an Attorney to Help Draw Up a Contract? The Answer May Surprise You

It may seem to the layperson that contracts are pretty straightforward: You simply lay out what you expect the other party to do and what you will do in return. Unfortunately, it’s not that easy. If it were, you likely wouldn’t need a contract attorney to help. The reality is that not taking on this small, tax-deductible expense could cost you big in the long run.

Contracts are necessary to run an orderly business

Wouldn’t it be great to live in a world where you could just do business based on a handshake and not get legal contracts involved? It may seem that way, but the truth is that contracts are the entire reason that businesses can run orderly and successfully. Without them, a company would have no legal resource if there was a contract dispute. If they worked with a vendor and that vendor didn’t perform as promised, there would be nothing they could do – even if they’d already paid for the good or service.

The good news is that we do have contracts and they can protect everyone who’s involved in them. That said, you only get the benefits of a contract if you have a contract drawn up in a way that’s legally binding and enforceable. In the event that there’s any type of breach of contract, you want to be able to look at the contract and see a clear path to resolve it. This requires a qualified business law attorney to draw up an ironclad contract that serves your purposes.

Contracts are a normal expense of any business

If you’re going to use contracts – and you’d be hard pressed not to – then you want to spell out the rights and obligations of everyone involved. In order to do this, you’ll need a qualified attorney. At Law Offices of Torrence L. Howell, we can provide contracts based on your needs. Remember that this is an expense that all businesses have and that the costs are tax deductible.

Your company will look more professional with contracts

If you simply run on trust, then you’re likely to run into potential customers who are uncomfortable with the arrangement. They may think that you’re not professional or they may worry that they’d have no recourse in the event something went wrong. Remember, contracts don’t just protect you – they protect everyone involved. If you really want to protect your clients and ensure that they know you’re the real deal, then you need a quality contract.

Call today for a free consultation to find out what your options are

At Law Offices of Torrence L. Howell, we’re happy to provide free consultations to new clients. What does this mean? It means you can simply call us at (909) 920-0908 to set up a meeting. We’ll listen to what you need, let you know how we can help, and give you a price estimate. If you like what you hear, then we’ll get started. If not, you’re not out anything. There’s no risk – call us today!

Splitting Property is One of the Hardest Parts of a Divorce: Get Help from an Attorney

Splitting Property is One of the Hardest Parts of a Divorce: Get Help from an Attorney

Nothing about a divorce is easy but that holds doubly true for determining property rights. Depending on your family, you may have many assets to split, or just a few. Depending on how contentious the divorce is, you may have one partner trying to hide assets. The good news is that working with a qualified divorce attorney takes these concerns off your back.

When you choose Law Offices of Torrence L. Howell, you’re choosing an attorney who has a background in both family law and business. This gives him an edge when it comes to decoding all the financial minutiae that would otherwise be overwhelming. Call us today at (909) 920-0908 to get a free consultation and use our special knowledge to your benefit.

California is a community property state

In California, both spouses in a divorce are automatically entitled to half of any property and / or assets that were acquired while married. This includes everything in bank accounts, all real estate holdings, stocks, bonds, furniture, retirement and pension funds, collectibles, jewelry, and vehicles.

However, this only applies to the property or assets obtained during the marriage. Anything that was obtained before marriage and brought into the marriage is the sole property of the person who brought it in.

You don’t have to split everything 50/50

The law says that each spouse is entitled to half of community property, but that doesn’t mean you have to come to that agreement with your spouse. If you can come up with agreement you both agree to and are willing to sign, then you can split up your property however you’d like. This is why it may be worth trying to negotiate out of court. Your divorce attorney will work directly with the attorney of your ex to try and agree on how things should be split.

There are almost always addition complications

Even a case that seems very simple is likely to have complications of its own. For example, when one or the spouses owns a small business, then the value of said business is going to be part of asset division. That said, whose side does it go to if one owned it prior to the marriage but the other worked on it significantly during the marriage?

This involves many legal issues and it’s likely that whatever situation you’re facing will involve complicated issues. Once again, the unique business and family law background Attorney Howell offers is an asset. He can find the best way to tap the value of any business assets to find the right financial solvency.

If you’re ready to get moving and you want to assure that your property is divided fairly, then it’s time contact Law Offices of Torrence L. Howell. You can reach us at (909) 920-0908 for a free consultation. We’re happy to discuss your situations, your concerns, and your needs before offering our best advice on your options to move forward.

Has Your Company Been Sued? Learn How a Business Litigation Attorney Can Help

Has Your Company Been Sued? Learn How a Business Litigation Attorney Can HelpIf your company is involved in any type of dispute then it’s likely worth it to reach out to a business litigation attorney. There are many reasons that your company could be sued, whether it involves a breach of contract or a disgruntled former employee making accusations. Regardless of the reason for or the type of business lawsuit you’re facing, Law Offices of Torrence L. Howell can help. Reach out to us at (909) 920-0908 today for your free legal consultation.

Do you want to settle a lawsuit? We can help

According to a number of studies somewhere around 85% of civil cases are settled without going to court. There are many reasons that both sides may decide to settle. In most cases, it’s more expensive to go to court than to settle. In fact, for every four business lawsuits that go to court, one of them pays more to go to trail than they would have to settle.

Does that mean that you shouldn’t go to trial? Of course not. There are specific scenarios that warrant a trial. That said, it’s important o to consider all sides. That’s why you want to work with an attorney. We can look closely at all sides to find the right way forward for your company. If the right answer ends up being settling the case, then we can negotiate aggressively for the best possible outcome.

We can take your case to court

In other cases, the best way to proceed is to go to court. If it’s worth the added expense to your company then we are happy to take on the case. We will fight vigorously for you and your company. One of the advantages of this option is that you’ll be sending a clear message to other entities that your company doesn’t settle. This can reduce the number of frivolous lawsuits filed against you.

Remember that this involves civil court and the burden of proof is different. A jury doesn’t have to be 100% convinced that you have a liability to the plaintiff. This lower standard of proof doesn’t make it somewhat easier for the plaintiff to win. That said, it’s still not easy – especially when you have a qualified business law attorney on your side.

There are many options to defend your company

When you call Law Offices of Torrence L. Howell for your consultation, we can discuss the defense options that make the most sense for your particular situation. However, one of the most common options is an affirmative defense. For example, in a product liability case, we may show that the plaintiff misused the product. If the issue is an employee dispute, then we may show that you had reason to act as you did, or if it is a breach of contract case then we may show justification.

No matter what your company is being sued for, you can count on Law Offices of Torrence L. Howell to help you through the process. Call us today at (909) 920-0908 for your free legal consultation. It’s time to fight back and we can help you do that.

Every Child Custody Dispute Has the Potential to Be Serious: Consult with a Family Law Attorney

Every Child Custody Dispute Has the Potential to Be Serious: Consult with a Family Law AttorneyParents who aren’t married to one another need a legal custody agreement. It is the best interest of everyone if the rules are laid out and agreed to by both sides. If you work with Law Offices of Torrence L. Howell, you can count on our offices to work hard for the best interest of your child. The goal is always to find a custody and visitation agreement that’s fair. Ideally, we’d do this outside of court but if necessary we will take your dispute to court in order to protect the best interests of your child.

Read on to learn more about what factors will affect custody agreements, what the best options are in various situations, and why it’s always worth it to discuss your case with a family law attorney before you sign any documents. Read on to learn more and then contact us at (909) 920-0908 for a free consultation.

The main factors that can affect a child custody agreement

First of all, let’s consider what the court is going to consider when they review or lay out any custody agreement. As they determine how best to assign custody (both legal and physical) and visitation rights, they’re going to consider what’s in the best interest of the child. They’ll start by looking at the health of the parents – including both mental and physical – as well as their moral fitness.

They’ll consider how long the child has been living in the environment they’re currently in and if that environment is stable. All things being equal, the courts would prefer not to uproot the child. However, they will if there is a reason to. The judge will look at how well either parent can provide for the child, not just financially but by offering a stable living environment.

For an older child, the court will take into consideration what the child prefers. Note that the child won’t automatically get what they want but it can be a factory. The court will look at whether or not both or either parent can meet the developmental needs of the child, and they will consider any prior domestic violence on the part of either or both parents.

You don’t have to be a parent to seek custody

What many people don’t realize is that California law doesn’t require you to be a biological parent to the child in order to seek custody. In fact, almost anyone that has a strong emotional bond with the child may be able to get custody, or visitation at a minimum. The key is that it can’t interfere with the rights of the parents. As a result, whether you’re a stepparent, grandparent, aunt, uncle, or other relative or close friend, you may have custody rights.

The next step for you is to reach out to Law Offices of Torrence L. Howell at (909) 920-0908. We are ready to offer you a free consultation during which we can get to know you and your case. We’ll offer you the best options to move forward and help you find the best possible outcome for your needs.

Have You Been the Victim of Mental Abuse from a Spouse or Significant Other? Get Help from an Attorney

Have You Been the Victim of Mental Abuse from a Spouse or Significant Other? Get Help from an Attorney Despite what may people believe, abuse doesn’t have to involve physical violence. There are many ways a person can control and exert power over a person without touching them at all. If this has happened to, and the person mentally abusing you was a close relative or an intimate partner, then you may need to speak to a domestic violence attorney. Read on to learn more and then reach out to Law Offices of Torrence L. Howell at (909) 920-0908 for a 100% confident consultation.

The specifics of mental domestic violence

There are many different things that can qualify as mental abuse. Generally speaking, if a person speaks to you or acts toward you in such a way that you feel humiliated, completely powerless, totally worthless, or intimidated by them, then you may be experiencing mental abuse. The types of emotional abuse and psychological abuse that may qualify includes:

  • Being constantly criticized
  • Being threatened that they will reveal personal information you’d be afraid to have the world know, such as sexual orientation or involvement in risqué behavior
  • Being forced into isolation from family and friends
  • Constantly being made to feel guilty
  • Being intimidated
  • Being called names
  • Being put down
  • Threats of harm to you, your children, pets, or family members
  • Being stalked
  • Being the victim of mind games

Does anything on the above list sound familiar? If so, then it’s time to call Law Offices of Torrence L. Howell at (909) 920-0908. We are here to offer you the compassionate assistance you need. We can work to help you feel safe again.

There are several ways a domestic violence attorney can help you

Are you ready to get out of the cycle you’re in? If so, then a domestic violence attorney is just the person to talk to. There are laws designed specifically to protect you. We want you to be safe and free and the law can help you do that.

For example, we can file petitions for temporary alimony and / or child custody. This is extremely helpful for people in abusive situations where their abuser is controlling finances. Unfortunately, that’s all too common a situation. We can take care of all other family law actions you may need as well, such as divorce filings or working to have child custody modified.

Do you have questions about mental abuse and whether or not it applies to your situation?

At Law Offices of Torrence L. Howell, we’ve worked with many people who simply aren’t sure if their situation really qualifies as mental abuse. Don’t stress about this. The best way to find out is to call Law Offices of Torrence L. Howell at (909) 920-0908. We know the law. We know how judges and juries react to various accusations. We know what it takes to get the legal help you need.

Your initial consultation is free and is entirely confidential. We know that it can be hard to take action. We know this is a scary situation. That’s why you want as many people on your side as possible. Law Offices of Torrence L. Howell is on your side.

You Need a California Business Law Attorney to Help with Your Breach of Contract Case

You Need a California Business Law Attorney to Help with Your Breach of Contract Case

It doesn’t matter what type of business you manage. You know that contracts are important. There are a million reasons that you must be able to count on the contracts you get involved into. These agreements offer security and accountability and ensure that you have legal recourse in the event that the other party doesn’t comply with the contract.

That said, when someone breaches a contract you’re engaged in, it doesn’t matter how clearly laid out the consequences were in the contract, an attorney can help you. Specifically, Law Offices of Torrence L. Howell can help. Attorney Howell holds an MBA and owns a business. His background is both business and law, and he will fight to ensure the best possible outcome for your case. Call him today at (909) 920-0908 for a free consultation.

What exactly constitutes a breach of contract?

There are many different things that can be considered a breach of contract – it all depends on what provisions are set out in the contract. A contract be set out between you and a client, contractor, supplier, employee, etc. If the person or entity your contract exists with doesn’t comply with what they promised under contract, then you have the potential for a breach of contract cases. Some of the most common examples we deal with include:

  • Vendors who don’t deliver their product on the schedule they said they would.
  • An employee who violates a non-disclosure agreement.
  • A contractor who uses other materials than the ones laid out in the contract.

No matter what side of the breach of contract you’re on, whether you’re the one who has a case or someone is bringing a case against you, Law Offices of Torrence L. Howell is ready to help. Our offices offer the advice, support, and legal know-how you need.

You may have several options to handle a breach of contract

There is no one-size-fits-all answer to a breach of contract. In many cases, it’s simply not practical or efficient to bring a breach of contract case to court. In that instance, we may work to resolve it through either mediation or arbitration. Either way, you’ll likely get a resolution in a more timely manner and a lot more affordably than taking it to court.

Arbitration and mediation are also generally easier on the relationship between you and the other party. In many cases, simply having a business law attorney review your contracts and confirm that you do have legal means of litigating the case, and then presenting that information to the other party, will be enough for them to move forward in a way that works for you.

Of course, this is not to day that we aren’t prepared to take your case to court. At Law Offices of Torrence L. Howell, we want what’s best for our clients. In many cases, it’s simply faster and more affordable to handle the case out of court. If that’s not the case, or if you absolutely want to go to court, then you can count on us being ready to fight for you. Reach today at (909) 920-0908 to schedule a free consultation.

There Are Many Advantages to Divorce Mediation but It’s Not Right for Everyone

There Are Many Advantages to Divorce Mediation but It’s Not Right for Everyone

If you and your spouse are divorcing then you are likely interested in finding the best option. To get advice about your unique situation, we recommend that you contact Law Offices of Torrence L. Howell at (909) 920-0908 for a free consultation. Otherwise, read on to learn more about divorce mediation and who it’s best suited for.

The benefits of divorce mediation

There are many benefits to choosing divorce mediation, if it makes sense for your situation, in many cases, it’s much faster than going through a divorce. You don’t have to wait for your case to get through the complicated progression it will go through if you choose divorce litigation. You have more control because you can get to the settlements on your own schedule.

When you choose divorce mediation you’re also likely to pay much less in legal costs. There’s generally less conflict, which can be especially helpful if there are children involved. When you choose the non-confrontational option to resolve your issues, mediation can be just what you need to set a respectful stage for useful conversations.

We’ve also found that people are more likely to comply with an agreement if it came by way of mediation, rather than a court order. You can also structure your divorce agreement essentially any way you and your spouse agree on. As a result, you can put in extra perks that courts may not be able to enforce. For example, you can put in agreements about future college expenses, or expenses for an adult dependent child.

Divorce mediation isn’t the right choice for everyone

Divorce mediation comes by another name: Collaborative divorce. As the name implies, both partners must be able to collaborate. You must trust your spouse and you must both be willing to cooperate with one another or the mediation won’t be successful. It’s true that the mediator will be there to try and keep the conversation balanced, but that’s not going to work if couples are bitter, angry, and argumentative.

In any case that involves domestic violence, abuse, or where one partner has much more money or education, one partner may not want to defend themselves via mediation. In that instance, their attorney would likely suggest they move forward with litigation.

Call today to find out if collaborative divorce makes sense for you

Before deciding if collaborative divorce is the right choice for your situation, get a free legal opinion. Reach out to Law Offices of Torrence L. Howell at (909) 920-0908 to set it up. We can look at your situation, assess the pros and cons, and offer you our experienced advice and insight into the options and the process. In the event you decide to move forward with mediation and it doesn’t work out, you’ll already have a relationship with a California divorce attorney who can help.

Divorce is rarely easy and it’s never fun. By having the right professionals on your side, you’ll gain the peace of mind that you’re handling the situation as well as you possibly can.

Making Changes to Your Corporate Status? Work with an Attorney Who Can Oversee the Process

Making Changes to Your Corporate Status? Work with an Attorney Who Can Oversee the Process If you’re considering buying, selling, restructuring, or otherwise making changes to your corporate structure, then you need to work with an attorney. At Law Offices of Torrence L. Howell, we have the experience and resources to ensure that as your business grows, evolves, or fails, your legal rights are respected. Whether you’re ready to buy or you’re ready to sell, whether you’re adding or dropping a partner, or even changing from one type of corporate structure to another, contact us at (909) 920-0908 to learn more about how we can help you.

An experienced business attorney can help when you’re buying or selling a business

It’s true that businesses get bold and sold every day. As a result, it may seem that it’s a very straightforward transaction that doesn’t require legal assistance. Unfortunately, that’s simply not true. There are a number of factors that can affect the sale and there is a long list of legal details that must be looked after.

You can count on us to look at ensure that the transaction is structured the way it should be and that the essential details are clearly outlined. This includes the purchase price, any required non-compete clauses for those leaving the company but staying in the same industry, and physical assets involved in the sale, including customer lists, furniture, files, patents, etc.

It doesn’t matter if you’re the buyer or seller, whether the entire business is being sold or just a stake in it. The truth is that if your business, or any part of it, is being bought or sold, then a California business attorney is going to be able to help.

Are you buying out a partner?

We’ve handled many situations in which one partner is buying out another. This is commonly the result of one partner getting a divorce. In that situation, the owner doesn’t want to allow their soon-to-be former spouse to take control of their stake in the business. The way to handle one partner buying out another partner is typically spelled out in the partnership agreement, but a business attorney will be best able to understand and implement the transaction.

We can help you make changes to your corporate structure

The right corporate structure for a startup may not be right structure for a business that’s been successfully run for ten years. The way the business is structured can affect a number of things, including the tax burden of the owners and whether or not their personal finances are protected from creditors.

When you work with Law Offices of Torrence L. Howell, we can look at your current corporate structure and let you know what your options are. You can trust that we will give you only our honest opinion. In some cases, there may be a better structure and we are happy to take on the case. However, it’s also possible that your current structure is the best option. Either way, we will offer you our best advice and help you make the necessary moves. Contact us at (909) 920-0908 to get started.

The 3 Most Important Things to Know About Alimony in California

The 3 Most Important Things to Know About Alimony in California
Most couples contemplate divorce for a long time before they move forward. They know that ending a marriage isn’t as easy as just walking away – they’re facing a complicated situation. If you have children, it can be even more complex as you try to make decisions that are right for both you and the kids. Then you have to divide your property.

Finally, and perhaps most importantly, you’ll have to figure out how to live on one income. In order to ease the transition, it may be possible to get alimony, otherwise known as spousal support. In some cases you and your spouse can come to an agreement on alimony by working with a California family law attorney, but you may need to appear before a judge for them to make the decision. Either way, Law Offices of Torrence L. Howell is here for you. Read on to learn three important facts about alimony and then call us at (909) 920-0908 for a free case evaluation.

  1. If a judge decides alimony they will consider a number of factors
  2. If you and your spouse can’t come to an agreement on alimony then a judge will decide it for you. They will look at both of your ages, how physically capable you both are, and the state of your finances at the time you began the divorce.

    They’ll also look at the earning capacity of the person requesting alimony as well as the standard of living they were used to. If one spouse earns a lot more than the other, and the standard of living with rather high, then it’s possible that there will be a significant alimony award. The court may also consider how long you were married and will consider how well the alimony-payer would be able to take care of themselves with a substantial alimony award.

  3. There are several types of alimony
  4. In California, there are three main types of alimony. Transitional alimony is a single, one-time payment that’s to be used for the spouse who earns less to move to a new home, get a vehicle, complete their education, or complete other activities that the courts deem will help them become independent.

    Rehabilitative alimony is awarded for a specific amount of time. The goal is to help the lower-earning spouse to take actions to further their education or otherwise improve their employability. The third option is lifetime alimony. This is only available if you were married for more than ten years. If it’s awarded, you’ll get monthly alimony until your spouse dies or you remarry.

  5. Enforcing alimony can be difficult
  6. Unfortunately, it’s not always as easy as getting alimony and then moving forward with your life. There aren’t specific legal ways you can force your spouse to pay – for example, you can’t garnish wages for alimony. You’ll need to go to court and get the judge to charge your former spouse with contempt of court.

To learn more about your options for alimony, reach out to Law Offices of Torrence L. Howell at (909) 920-0908 for a free case evaluation.