All posts by Torrence Howell

Ask a Divorce Mediation Attorney in Upland CA: What is Mediation?

Ask a Divorce Mediation Attorney in Upland CA: What is Mediation?

At Law Offices of Torrence L. Howell, we’re always happy to answer your questions, no matter how simple or complex, but often we find that clients need to start out with the basics. In this blog we will outline exactly what a divorce mediation attorney in Upland CA and why it might be the right choice for you.

The basics of divorce mediation

If you and your ex decide on mediation, you’ll both meet with a third party mediator. They will help with discussions and to ensure the atmosphere is as pleasant as possible. They are not allowed to offer legal advice – they are only there to help keep the conversation focused. As a result, it’s essential to consult with a mediation attorney before you get to that point.

There are many benefits of divorce mediation

This option isn’t for everyone, but if it might work for you, then we’d encourage you to consider it. Why? Because it’s got a lot of potential benefits, which include:

  • It can be much faster than a traditional divorce.
  • It generally costs much less to stay out of the courts.
  • The non-confrontational aspect of mediation divorce can be much better than the hostility that often comes with a divorce that goes through the courts. Ensuring reduced conflict is especially important if you have children.
  • The result of mediation is an agreement that everyone agrees to. As a result, your ex is more likely to actually comply with the agreement without further action on your part.
  • You’ll have the opportunity to add items to your child support and alimony that a court wouldn’t enforce. For example, parents sharing the cost of college tuition or for housing adult children who are still living at home.

Who’s best suited for mediation?

At Law Offices of Torrence L. Howell, we’re likely to suggest divorce mediation for partners who can work together and who still trust one another. The mediator can work to ensure the conversation is balanced, but this option is still only suggested if a couple has a decent relationship and can discuss their issues without fighting. If there’s any history of domestic violence or other types of abuse, or if one partner is more educated than the other, then it may not be the best option.

Should you work with a divorce mediation attorney in Upland CA?

Divorce mediation may not be the right choice for you. However, it may end up saving you time, money, and aggravation. If you’re still not sure, call Law Offices of Torrence L. Howell at (909) 920-0908 for your free consultation. He’ll use his decades of experience to give you advice on what your options are and how well they’ll work for you.

Answers to Your Frequently Asked Questions About California Family Law

Answers to Your Frequently Asked Questions About California Family Law

If you’re having issues that necessitate a family law attorney in California, then you likely have a lot of questions. At Law Offices of Torrence L. Howell, we wanted to provide you with simple answers to some of the most frequently asked questions we see. However, if you have additional questions then we urge you to call us at (909) 920-0908 for your free case evaluation.

What’s the first step in filing for divorce?

The good news is that filing for divorce in California is actually pretty simple. It all starts with filing a Petition for Dissolution. You’ll also have to pay a small filing fee and have your spouse served with papers. As your family law attorney, Law Offices of Torrence L. Howell will ensure that your paperwork is done correctly before we file it.

Does my spouse have to agree with the divorce?

Absolutely not. Thankfully, in the state of California, your divorce will proceed even if your spouse doesn’t agree to it or participate in it. However, keep in mind that while they’re not able to legally contest the actual divorce, they certainly can contest child support, child custody, alimony, and property division.

How exactly does alimony work?

In most cases, alimony is a monthly payment that the higher-earning spouse mays to their spouse with a lower earning capacity. It should be enough that the spouse receiving support is able to continue living a lifestyle in the same manner as they were when they were married. When we work on an alimony agreement for you, it will include:

  • The amount of alimony paid.
  • How long alimony will be paid.
  • A payment schedule for paying alimony.
  • How costs of living will be adjusted over time, if applicable.

If you and your soon-to-be former spouse can’t come to an agreement, then we’ll have to take your case to court. The judge will then base the alimony based on a basic alimony calculator that they then adjust for your specific needs and circumstances.

What are the child custody options?

Your agreement for child custody will cover both who has physical custody of the child and who has legal custody of the child. Essentially, physical custody refers to whose home the child lives in, while legal custody refers to who makes legal decisions for the child. In some cases, a parent isn’t able to have joint physical custody but they will want joint legal custody. There are many different types of custody agreements available and the hope is always that both parties can come to an agreement that’s in the best interest of the child or children involved.

If you’re considering divorce then your first step is very simple: Calling a family law attorney. At Law Offices of Torrence L. Howell, we are here to help you through this complicated time. Call us today at (909) 920-0908 for your free legal evaluation.

Have You Been the Victim of Mental Abuse? There Are Legal Options for You

Have You Been the Victim of Mental Abuse? There Are Legal Options for You

Many people don’t realize that they don’t have to be physically harmed to be the victim of abuse. In many cases, a domestic violence abuser doesn’t even lay a hand on their victim. There are a wide range of ways they can exert power and control over their spouse, partner, or close relative. If you’ve been the victim of this type of abuse then you need an attorney in California who has experience with cases of mental abuse. You’ve found just that attorney in Law Offices of Torrence L. Howell.

What exactly is mental abuse?

There are a wide range of things that can be considered mental abuse. If you’re not sure, just ask yourself this: Did the actions of words of someone else make you feel that you had no power or no worth? Did you feel intimidated? Was it humiliating? If you answered yes to any of these questions then it may be a case of mental abuse. Here are a few examples that we’ve seen time and time again.

  • Being constantly criticized.
  • Being afraid due to someone intimidating you.
  • Being stalked or cyberstalked.
  • Being called names or being put down on a regular basis.
  • Threatening you that they’ll reveal personal info you don’t want to get out. This may include sexual orientation, involvement in certain sexual acts, or other highly personal information.
  • Being forced to isolate from your friends and family.
  • Threatening to harm you, your family members, children, pets, or others that are important to.
  • Mind games.
  • Guilt trips.

A domestic violence attorney can help

Are you ready to get out of this cycle of abuse? If so, then it’s time to contact Law Offices of Torrence L. Howell. We can help ensure that you receive every protection the law offers. This will give you the best possible chance of both staying safe and being free.

For example, we can help you file for a secure restraining order that will keep the person away from you both immediately and in the long term. We can work on petitions for temporary alimony so that you can live on your own, we can petition for child custody, and we can petition for child support.

We can also help with other family law needs as necessary. For example, if you need to file for divorce or if you need the courts to grant you the right to take your children out of the state. These situations can be incredibly complicated but there are always answers and it is possible to get out. At Law Offices of Torrence L. Howell, we are ready to help you find a way.

Call us today at (909) 920-0908. Your consultation will be 100% free and will always be confidential. Now is the time to get more information and find out what your options are. You don’t have to move out today but it is time to move forward. Getting information on your options is the first step.

Resolve Your Business Dispute Faster and Easier with the Help of a California Business Law Attorney

Resolve Your Business Dispute Faster and Easier with the Help of a California Business Law Attorney

When you’re running a company, even the smallest business dispute can be detrimental, whether it’s internal or external. The good news is that you have help. When you work with Law Offices of Torrence L. Howell, you’ll have a cost-effective option to get through this as quickly as possible. As a skilled and experienced business attorney, Attorney Howell is the right choice. With his MBA and many years of hands-on, first-hand experience running a business, you couldn’t possibly be in better hands.

There are many options for resolving your business dispute

There are many reasons that a business dispute can take a huge toll. Not only does it put your business assets at risk, but it can drain both your time and your energy – not to mention the time and energy of your staff. That’s why it’s important to work as hard as possible toward the best possible outcome as soon as possible.

We will take a look at your case, analyze the facts, and give you your options for moving forward. We’ll be honest and upfront about every potential risk and cost before we advise you on how to move forward. The three main ways that business disputes are generally handled include mediation, arbitration, and litigation.

Many small businesses choose mediation

This is a very helpful choice for a small business in the middle of a business dispute. It’s also often chosen by companies that lack the resources it would take to survive a long dispute. During the process of mediation, both parties involved in the dispute will meet to come to a solution that both can agree on. This is done with a third-party, who is known as the mediator. At Law Offices of Torrence L. Howell, we can offer essential advice if you decide to move forward with mediation.

Arbitration is similar to mediation but with one main difference

Many people confuse arbitration and mediation because they are very similar. The main difference is that a person who’s arbitrating a discussion isn’t actually involved in the discussion. Instead, they’re more of a way to keep the lines of communication open between the parties involved in the business dispute.

Litigation is the costliest option but it’s often necessary

In most cases, litigation is the most expensive option. However, it can become necessary if both parties can’t come to an agreement. Instead, they’ll have to go to court and allow a judge to settle the dispute for them. In this case, you’ll have the best case of a good resolution if you hire an attorney who will fight aggressively for your side.

If you’re ready to learn more about your options and move forward, then you’re ready to speak with Law Offices of Torrence L. Howell. Call us today at (909) 920-0908 for a free legal evaluation.

6 Tips to Help You Through Your Divorce Settlement Meeting

 6 Tips to Help You Through Your Divorce Settlement Meeting No one looks forward to getting a divorce. Finding the best way through the process can be complicated and difficult. When you choose to work with Law Offices of Torrence L. Howell, you’ll be working with a California divorce attorney who will be here for you through the entire process. Read on to learn six tips that can help you through your divorce settlement meeting and then contact us at (909) 920-0908.

  1. Communicate with us beforehand

  2. Ideally, you’d never go to a divorce settlement meeting without first having a private meeting with Law Offices of Torrence L. Howell. We need to hear your concerns so we can protect you, validate you, or offer clarification, as the case may call for. We also need to make sure that everyone’s time is used effectively, which we can only do if we walk into the meeting with an understanding of what’s at stake.

  3. Focus on being effective

  4. This may seem obvious, but do you know what it means to be effective in this case? It means only saying things that will help the case move forward. It means working to advance the goals and interests you have. You may want to blame, accuse, or get something off your chest, but these kinds of behaviors can undo a lot of work. Anytime you consider speaking, stop and ask: Is this an effective way of achieving my goals?

  5. Be respectful

  6. Divorce is difficult for everyone. You and your soon-to-be former spouse are both dealing with huge changes to your life. Try to be aware and have compassion. This may mean slowing down and allowing them to grieve in the way they need to. At a very minimum, you can be quiet and respectful.

  7. Take the time to listen

  8. One of the most common problems in a divorce settlement meeting is everyone trying to talk at once. Yes, you likely have strong feelings about how the division of property should go but you’re not going to get your point across if everyone is talking over everyone.

  9. Consider creative solutions

  10. In divorce settlements, there doesn’t have to be a winner and a loser. Let Law Offices of Torrence L. Howell think outside of the box to try and come up with creative solutions. Of course, we are here to represent your needs and will always follow your lead. However, give us some room to consider alternative solutions you may not have thought of.

  11. Try to keep the other side in mind

  12. This can be the hardest tip to follow. However, it can make the process much easier. Remember that your goal isn’t to convince the other party that you deserve everything you want. Your job is to convince them that they want what you want. You must come together to make decisions together, or things can get very messy.

If you have questions about the process of divorce then you should call Law Offices of Torrence L. Howell at (909) 920-0908 right away. We offer a free case evaluation to let you know where you stand and what your options are.

Has Your Company Suffered a Breach of Contract? Get the Expert Advice of an Attorney

Has Your Company Suffered a Breach of Contract? Get the Expert Advice of an Attorney

Your company is only as successful as your business contracts. You fulfill your obligations and you expect that other companies and vendors will do the same. As you likely know, it doesn’t always work that way. Whenever there’s a breach of contract, there can be significant repercussions. If your company has been in this situation, read on to learn more and then contact Law Offices of Torrence L. Howell at (909) 920-0908 for your free case evaluation.

What exactly is a breach of contract?

Any time any part of a contract is broken, a breach of contract has occurred. It’s always possible to take legal action, but of course there are some instances where the breach is small enough that it may not seem worth your while. In order to ensure your time is being well spent, speak with a business litigation attorney who can assess your case and give you expert advice on what you can expect from litigation.

The different types of breach of contract

As we mentioned above, legally speaking, any type of breach is a breach of contract. However, there are a few categories they can be split into. First is an anticipatory breach. This means that though the breach hasn’t happened yet, it is bound to happen. One example is when a person flat out tells you that they’re not going to uphold their side of the agreement.

A fundament breach means that one part can legally break the contract with nothing more than minimal consequences. Remember that if you’ve had a minor breach of contract, the only thing you’re able to sue for is actual damages. That means that you must prove exactly what your damages are and your award can’t exceed that actual amount of damages.

However, with a material breach, you’re able to recover additional damages. This requires you to file a lawsuit. This is exactly the situation in which you’d need to work with a law firm like Law Offices of Torrence L. Howell. With our decades of experience, we can help you decide the best way to move forward.

Is an attorney necessary for a breach of contract case?

Unless you have a strong legal background, it’s likely difficult to determine exactly which legal options apply to your case. In many cases, a company that tries to handle these issues on their own can either walk away with much less than they could have recovered with an attorney, or they walk away with nothing. Having a legal expert on your side ensures that you’re aware of every option available to you.

When you speak with Law Offices of Torrence L. Howell for your free case evaluation, we’ll take a look at every aspect of your case. We’ll gather information, see what evidence you have, and advise you on the options you have to move forward. If you’re owed damages then you owe it to yourself to call us today at (909) 920-0908.

Pets and Divorce: Who Gets the Family Dog or Cat?

Pets and Divorce: Who Gets the Family Dog or Cat?

It is strange to many divorcing couples that in the state of California, a pet is considered property. After all, they’re more a member of the family than a table is. Yet, the same rules that apply to regular property division apply to pets. When you work with Law Offices of Torrence L. Howell, we’ll do everything we can to ensure you get the best possible solution.

Paperwork is important

If your pet is registered with the AKC, then you can look at the name listed as their owner on their paperwork. Call your vet and make sure that you’re on the contact list for your pet. You should also have all copies of vaccinations, have access to their ID numbers if they’ve been microchipped, and have copies of all other paperwork. If you obtained the pet before your marriage then you’ll also want receipts from that process.

Think about what you really want

In some cases, a shared custody of your pet may be in the best interest of everyone. Remember that though the law states pets are property, you don’t have to go along with that. In family law, the courts will honor almost any agreement as long as it’s both reasonable and enforceable. As a result, if you and your soon-to-be-former spouse can agree on a custody arrangement, then the courts will likely agree with it. In many cases, if you have a custody agreement for your children, the pets will simply be on the same schedule.

The details are important

If you do decide to share custody, remember that there are a lot of factors to discuss before settling on anything. For example, there are significant costs in having a pet, especially as they get older. Yes, you’ll have the costs of food and grooming, but what about vet bills? What about a situation in which your pet has gotten older, is in pain, and the vet is suggesting it’s time to put them down? Who will make that decision? These are all things that should be discussed and agreed on before you sign any custody agreement.

Remember to be compassionate

You love your pet but so does your spouse. Additionally, your pet likely loves your spouse and would likely miss them if their bond was broken for good. If you really think of your pet like family, then it’s important to consider their best interests as well. As is the case with children, when it comes to a pet, you may have to compromise on things with your spouse that you otherwise wouldn’t want to.

Shared custody of a pet is just one option. To discuss this and other choices, contact Law Offices of Torrence L. Howell today. We offer a free consultation during which we can come to understand your situation and give you general advice on your options to move forward. Call us today at (909) 920-0908 to get started.

The Benefits of Divorce Mediation Vs Litigation

The Benefits of Divorce Mediation Vs Litigation

There is no one-size-fits-all divorce. For some clients of Law Offices of Torrence L. Howell, the situation is complex, the parties involved can’t come to an agreement on how to move forward, and divorce litigation is the right choice. However, some couples can benefit greatly from mediation, or as it’s called in California, collaborative divorce. Here are a few of the benefits that could work for you. Read through and then contact us at (909) 920-0908 for your consultation.

Mediation is generally faster than the alternative

In most cases, the biggest benefit you’ll see to choosing mediation is the fact that it’s very fast. Instead of waiting for your case to get to the courts, and dealing with the numerous meetings and back and forth, a mediation is completed on your timeline and at your convenience.

It’s more affordable

The reality is that going through the court system costs money. Numerous meetings, many drafts of various custody and alimony agreements can get costly. On the other hand, a mediation is typically much more affordable. Note that we don’t recommend choosing your options based on this alone. After all, if you spend less on the divorce but property is not divided to your favor, then you may end up paying more in the long-run.

There’s less conflict

Most people think of divorces as long and bitter. It doesn’t have to be this way. Though some couples are to a point that the courts are their only option, if you and your spouse are still on speaking terms then you could greatly reduce the conflict between you by choosing mediation. It’s a truly non-confrontational option that allows you to resolve disagreements and it sets the stage for better communication in the future.

It’s more likely that agreements will be complied with

In mediation, both sides agree to all agreements. As a result, it stands to reason that most people are more likely to comply with an agreement they participated in versus an order from a judge. In our experience, the clients of Law Offices of Torrence L. Howell who come to agreements are more likely to stick by the provisions compared to those who have agreements mandated to them by the courts.

Some things can only be agreed to in mediation

Finally, consider that mediation offers you the chance to include extras or perks in support agreements that would be difficult or impossible to get a court to either order or enforce. For example, you might include a provision that parents will split the cost of future college tuition or housing costs for kids who are of legal age but still live at home.

Do you have questions about your options? Are you stuck and not sure what to do next? Call Law Offices of Torrence L. Howell today at (909) 920-0908 and set up your appointment. We can walk you through all your options to ensure you make the most informed choices for today and for your future.

New California Law Will Change the Definition of Divorce

New California Law Will Change the Definition of Divorce

Ending a marriage is never easy and there are always many legal questions. In this economy, and with the current California housing market, more and more divorcing couples are making the decision that can be uncomfortable but makes the most sense for them: Continuing on as roommates after they divorce.

This can cause serious complications to the divorce process but thankfully the state has decided to do something about that. The problem is this: As of today, according to California law, the ending date of the marriage is the date on which either one or both spouse moved out of the marital home. You can see how this would be a huge problem for breakups in which both spouses continued living in the house.

Thankfully, as of January 1, 2017, the definition of the ending of the marriage will be changed. Couples will then be able to divided their assets based not on when one of the moved out, but on the day that one or both of the spouses stated their intention to end their marriage.

As of today, the rules can be very confusing. Consider that just a few years ago, the Supreme Court of California said that a couple that’s divorcing isn’t to be considered separate and apart if they’re living in the same household – even if they’ve physically divided their home in such a way that they’re literally never in the same room with one another.

The new law was passed almost unanimously

This new law, which was written and presented by Senator John Moorlach of Costa Mesa, was approved almost unanimously – which is a rare feat in the California legislature. The Governor signed the law and, as we mentioned, it will be in effect on January 1st. It was also supported by the State Bar’s Family Law section. They support it for many reasons, including the fact that couples will no longer have to choose between staying in a terrible marriage or having to move out of their residence.

Do you have questions about how this new law will affect your divorce?

Are you considering starting the divorce process? If so, then now is the time to contact Law Offices of Torrence L. Howell. We’re happy to provide a free case evaluation during which we can tell you a little bit about what we do, you can explain your situation, and we can provide a brief overview of your options.

Remember that divorce involves a wide range of potential complications. If you have children then you’ll need to consider child support and child custody, alimony may be a concern, and everyone will have to figure out the best way to establish property rights. The good news is that you’re not in this alone. We will walk you through the process, step by step, and ensure you get a fair stake.

How Long Does It Take to Get Spousal Support in the State of California

How Long Does It Take to Get Spousal Support in the State of California

If you’re getting a divorce then you’ve got a lot on your mind. It may seem like you’re dealing with a never-ending list of things to keep track of and steps you have to take. Law Offices of Torrence L. Howell is here to make the process as simple as it can be. We know that many people have a lot of questions about divorce – including how long it takes to get spousal support. Feel free to give us a call at (909) 920-0908 for advice on your specific case or read on to get a general idea.

There are two ways to get spousal support judgment

Generally speaking, you’ll get a spousal support judgment either through a settlement or through a divorce trial. A settlement of spousal support generally becomes a stipulated judgment. However, if the support is contested and ends up at trial, then it’s up to a judge to decide how much spousal support should be ordered and how long it should last.

The amount of time this takes will vary. Some of the factors that can affect the length of time include:

  • How long the marriage lasted.
  • The martial standard of living.
  • If there are disputes about income.
  • If one spouse is unemployed.

In the event that there are few or no disputes, the process of getting a divorce and spousal support can be as quick as six months. On the other hand, in cases with a number of disputes and complications, it can take as long as a year. If you’re in a hurry to get it over with, contact Law Offices of Torrence L. Howell today. We will work tirelessly to ensure every issue is covered and the process goes as quickly and smoothly as possible.

But what about modifications to spousal support agreements?

So what happens when a spousal support judgement is issued but a change in circumstances means a modification is in order? Or what if there’s another legal issue that you believe should cause the agreement to be modified? Many people wonder exactly how long it will take to get their alimony agreement modified.

In this case, the situation is very similar to getting an agreement in the first place. The spouse who wants the modification will file their request and the court will set a date for the hearing. How long it takes will vary depending on the reasons for the request and the circumstances of the particular case.

Call today for your free case evaluation

Do you need help with an initial spousal support agreement? Or do you have one in place that you need modified? Whatever end of the spectrum you’re on, you can count on Law Offices of Torrence L. Howell to help from start to finish. Contact us today by calling (909) 920-0908 and we’ll provide you with a free case evaluation. We’ll give you our honest opinion on the best way to move forward.