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Upland, CA 91786
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The 5 Questions to Ask When Considering Divorce

The 5 Questions to Ask When Considering Divorce

California is a no-fault divorce state, which means that there’s no need to legally define blame for the divorce. As a result, it’s important not to let your emotions or your partner’s past indiscretions cloud your judgment when making important divorce decisions. Read on to learn the five questions to ask yourself and then contact a family law attorney for a free legal consultation.

1. How will we divide the property?

Since California is a no-fault state, property rights are generally fairly simple. Any assets that are obtained during the marriage should be split 50/50 unless you and your spouse come to a different agreement. There are some exceptions that we can help you with. For example, if you or your spouse owned a business before the marriage, then the proceeds from that business may not qualify as community property. Note as well that if you had a pre- or post-nuptial agreement, it may change the division of property.

2. How will custody / visitation work?

If you don’t have kids, you can skip to question number four. If you do, then one of the biggest factors you’ll have to consider is how you’ll set up custody or visitation. It wasn’t long ago that the courts were likely to give the child to the mother and allow the father only visitation. This is not the case anymore. Now, the courts look primarily at how fit each parent is. If both you and your ex are equally fit in the eyes of the courts, then the judge will look at what would upset the child’s life the least. This generally means that if one of you is going to keep the house, you’ll also get primary or joint custody.

3. Will child support be made? How much will be paid?

If one of you has primary custody, then the other will likely be eligible for child support. You can let the courts decide how much child custody will be or you can discuss it with each other and come up with an agreement that works for you.

4. Will one of you get alimony?

If you or your spouse made significantly more money than the other, then spousal custody may be possible. There are numerous types of alimony, including temporary that only lasts for a specific amount of time, and one-time alimony in which a one-time payment is made. There is also “permanent” alimony that applies to marriages that lasted more than ten years. Despite the name, it doesn’t last forever.

5. Do I need to hire an attorney?

You are not required to hire an attorney. However, we highly recommend it. Even if you and your spouse are splitting up relatively easily, this is a time when emotions will be high. You don’t want to find out a year from now that what you thought was a fair agreement isn’t fair at all. Hiring an attorney assures that there’s one person in the room who has your best interests at the forefront of their mind.

Is Your Child the Victim of Child Abuse? Don’t Let It Stand: Learn What You Can Do

Is Your Child the Victim of Child Abuse? Don’t Let It Stand: Learn What You Can Do

Your child doesn’t have to actually have abuse targeted at them for them to be a victim of domestic violence. Children are affected by the things they hear and see, and seeing or hearing a parent being abused can result in that child being fearful, having anxiety, experiencing depression, or going through other emotional anguish. In some situations, if a parent’s domestic violence is so bad that there’s reason to believe that the child is in danger, doctors and other mandatory reporters must tell Child Protective Services.

The good news is that it’s not up to you to figure out how the law works. The bottom line is that your child may have legal protection from a domestic violence situation. Keep reading to learn more about your options and then contact Law Offices of Torrence L. Howell at (909) 920-0908 for a free legal consultation.

Situations in which your child might need protection

Some examples of situations in which you may need to contact an attorney familiar with child abuse cases include:

  • Physical harm to a child.
  • Threats to a child, including kidnapping or violence.
  • Sexual abuse of a child.
  • A child physically getting in between an abusive parent and their victim.
  • Verbal and / or emotional abuse of a child.
  • Harming a pet in front of a child.
  • Physically harming an adult while they’re holding a child.

If you’ve seen your child or another child go through any of the above then it’s time to contact Law Offices of Torrence L. Howell at (909) 920-0908.

How is an attorney able to help?

We can help in several ways. First, we can quickly get a temporary restraining order to ensure the abuser keeps their distance. We can do this without the abuser even being at the hearing and if necessary we can have a child support provision added. It’s important to remember that we can do this even if the abuser only targeted the parent.

Another step we can take is to ensure that your child custody agreements are amended to keep the abuser from contacting the abuser. For example, we may work to have joint custody changed to sole custody, or visitation changed to supervised visitation. It all depends on the specifics of your situation.

You don’t have to be in this alone – call us today

This situation can feel impossible. It can feel as though there’s nothing you can do. The truth is that you can do something – you can call Law Offices of Torrence L. Howell. We can take it from there. Call us at (909) 920-0908 right now and ask for your free legal consultation. We’ll get the basics from you, outline your options, and move forward as you need.

These cases can get complicated and you need someone who’s both on your side and knows what’s coming next. That’s what we can provide for you. No child should be hurt and no adult should have to live with the knowledge that a child isn’t safe. Call today and let’s get moving.

Alimony 101: What Are My Options and What Should I Ask For?

Alimony 101: What Are My Options and What Should I Ask For?

Married couples don’t get married with the idea that they’re going to get divorced, yet divorce is just as likely as the couple staying together forever. A separation can be difficult on an emotional, physical, and financial level. While your divorce attorney can’t help with some of the fallout, they can help with the alimony side of things. If you’re wondering if you’re eligible for alimony, keep reading and then contact Law Offices of Torrence L. Howell at (909) 920-0908 to make an appointment.

How does a judge determine alimony?

The biggest factor is the financial circumstances within the marriage at the time divorce is filed for and finalized. If it’s not possible for one spouse to maintain their standard of living, then the other spouse must provide assistance to help them. Other factors that affect whether alimony is issued and how much it is include how long the couple was married, the emotional and physical health of both spouse, the contributions both spouse made to the marriage (including both financially and regarding homemaking), resources of each individual, and the age and health of both spouse.

Which of the four types of alimony should I ask for?

There are four basic types of alimony that you may be eligible for. As soon as your divorce proceedings get started, your attorney should have a temporary alimony order secured assuming you’re the lower-earning spouse. This decree is in place until a permanent alimony order comes into play. Any attorney is likely to be able to get this first of the four options, temporary alimony, but it takes an experienced attorney to get a fair shake in the rest of the options.

  • Transitional alimony. This is usually just a single payment and is meant to help the spouse who earns less to do something such as moving, buying a car, or anything else that would move them toward being in a position of becoming independent.
  • Lifetime alimony. If you and your spouse were married for more than a decade then lifetime alimony may be put into place. Note that while it’s referred to as “lifetime alimony,” this isn’t always the case. For example, if the spouse who’s receiving alimony remarries, then they lose their right to lifetime alimony.
  • Rehabilitative alimony. If the lower-earning spouse wants to get job training, go to school, or otherwise make themselves more employable, then they may get rehabilitate alimony. It’s provided for a set period of time.

The best way to know which of these options is right for your situation is to talk to an experienced family law attorney.

Call us today to learn more about more about your alimony options

Whatever side you’re on, whether you’re the lower earner or the higher earner, you want a fair decision. We can help you with that. Contact Law Offices of Torrence L. Howell at (909) 920-0908 today to have a consultation scheduled.

A Qualified California Business Law Attorney Can Help with Many Needs

A Qualified California Business Law Attorney Can Help with Many Needs

Every good business needs a good business law attorney. Whether you’re in charge of a small company or one that brings in multiple millions per year, your legal needs are important. When you choose Law Offices of Torrence L. Howell as your business attorney you can count on him to attend to your needs professionally and skillfully. He has both a BS in accounting, an MBA, and his experience as an attorney to provide a wide range of business law needs.

We can help with business litigation

If you find yourself in a dispute that must be resolved in court then you can count on us. Whether you are bringing the suit or it’s been brought to you and you’re just responding to it, we can help. We will begin with a detailed investigation into the facts and will work to create the strongest possible case for you. Our goal is to protect your company’s interests every step of the way.

We’re here to handle all your breach of contract cases

If a vendor, employee, or client doesn’t follow the rules of their contracts then you need to reach out to a contract attorney. Attorney Howell has all the experience you need to find the best possible outcome. This may involve negotiations out of court or taking the case to court. The goal is to minimize the impact on your company and to keep costs as low as possible. In the event you’re accused of breaching a contract, we can help with that too.

Are you changing structure or ownership? We’re here for that

If you buy or sell a business, change your corporate structure, add or remove partners, we can be there to ensure that all legal details are attended to. We will take the utmost of care to assure that the transaction is structured to reduce the risk of future litigation.

Let an attorney drive your contracts

Drafting and forcing contracts is simple when you have a contract attorney on your side. Don’t risk making expensive mistakes or inadvertently leaving loopholes that can be taken advantage of. Let us look at your contracts before signing them. We can also help with any type of contract dispute through litigation, arbitration, or mediation, as necessary.

We can help you set up as a corporation or LLC

Can you set up as a corporation or LLC without the help of an attorney? Your certainly can but it will be much easier and go much more smoothly if you hire an attorney. We can help you process an operating agreement that’s strong and protects everyone involved. We can also help you compare and contrast the various structures to determine which is best for your company.

No matter what type of legal protections you need, your business law attorney is here to help. Contact us Law Offices of Torrence L. Howell at (909) 920-0908 to find out more about the many options available to you.

Don’t Face Charges of Child Abuse Without the Help of an Experienced Attorney

Don’t Face Charges of Child Abuse Without the Help of an Experienced Attorney Are you looking at charges of child abuse in California? If so, then you need the help of an experienced attorney. Just being charged with or accused of this type of crime can make you feel isolated and alone. The truth is that Law Offices of Torrence L. Howell is on your side. We are here to protect your rights and to look for the best possible outcome for your case. Read on to learn more and then contact us at (909) 920-0908 for a legal evaluation.

The law’s definition of child abuse

According to California law, child abuse refers to willfully inflicting cruel, inhuman punishment or injury on a minor. The law also states that it isn’t a part of reasonable disciplinary action. Some examples of actions that could be considered child abuse include hitting, kicking, shaking, chocking, punching, pushing, or burning. Spanking is considered reasonable under California law – in most cases – and generally doesn’t qualify as child abuse.

Child abuse cases can be complicated

One of the reasons that you need a criminal defense attorney who’s experienced with child abuse cases is because they can be very complex. Note that in order for the jury or judge to find you guilty of “willful” actions, it doesn’t mean that you necessarily willfully intended for the results that occurred. It only means that the action you took was willful.

As an example, if you yanked on your child’s arm and they ended up with a dislocated shoulder, even if you didn’t intend for their shoulder to be dislocated, it would be considered willful because you intended to yank on their arm. On the other hand, if your child snuck up on you and you elbowed them in the nose because you were startled, that wouldn’t be willful, as the act was not your decision but rather a reflex.

Potential consequences of a child abuse conviction

The prosecution can decide to charge child abuse as either a felony or a misdemeanor, depending on your criminal history and the specifics of the case. Misdemeanor convictions can result in as much as a year in jail and a felony conviction can lead to up to six years in prison. In the event you’re convicted of child abuse twice within ten years, an additional four years of prison time can be added to your sentence.

There are defense options

The reality is that there are many reasons that child abuse allegations are sometimes made up. It could be a child or another relative feeling angry, jealous, or wanting revenge. It could be part of a nasty custody battle. In some cases, the injury to the child is the result of normal childhood activities, while in other cases it’s the result of normal discipline.

If you’ve been accused of or charged with child abuse then it’s time you got help. Contact Law Offices of Torrence L. Howell at (909) 920-0908 today to learn about your options. We are on your side from day one until your case is done. Call today to move on with your life.

Are Your Concerns About Property Rights Keeping You from Filing for Divorce?

Are Your Concerns About Property Rights Keeping You from Filing for Divorce?

There are many reasons you may hesitate to file for divorce. You may have children and worry about custody arrangements. You may own a business and be concerned that there would be a business dispute if you left your spouse. While these are all valid concerns, the truth is that if you and your spouse need to split up, it’s not going to get easier.

It may be time to act. At Law Offices of Torrence L. Howell, we don’t want your concerns about property rights to be the reason you stay in a situation that’s not right for you. Read on to learn the basics of property rights in California. If you want to talk to us about your specific situation, contact us at (909) 920-0908 for more information.

Figuring out how to divvy up property is one of the hardest parts of divorce

You’re not wrong to be concerned – separating property, assets, and debts can be the hardest part of finalizing a divorce. In some cases, one spouse may attempt to hide assets from the other. In other cases, you may feel so guilty that you are overly generous. The good news is that you’ll have legal help there. When you work with Law Offices of Torrence L. Howell, we can help protect you from the most common mistakes and pitfalls couples make.

In fact, when you choose Attorney Howell, you’re not just getting a family law attorney – you’re getting an attorney who also has a background in both finance and business. As a result, he understand the complications of property rights in even the most complicated situations. You can trust that we’ll always have your best interests in mind.

Property rights in California

California is what’s known as a community property state. This means that both spouses are entitled to 50% of assets and property that was acquired during the marriage. This can include jewelry, money in bank accounts, stocks, bonds, cars, retirement funds, furniture, collectibles, and real estate.

Not all property falls under the community property classification. For example, if one spouse acquired money or property before the marriage, then that property or money would remain theirs. Additionally, if they have income from that property then even the income generated from that previously-held property during the marriage would not be part of the community property designation.

Your next step is to find out what your options are

The above information is general in nature but the truth is that every situation is unique. If you want to know what your options are, what would be included in your family’s community property, and what your likely options or obligations for spousal support would be, reach out to Law Offices of Torrence L. Howell at (909) 920-0908.

Even if you’re just at the beginning stages of considering your options, it’s helpful to have as much information as possible. We can help ensure you have that. Stop worrying about what your options are and find out the facts today. Call Law Offices of Torrence L. Howell.

Get Help from an Attorney if You’ve Been the Victim of Mental Domestic Violence

Get Help from an Attorney if You’ve Been the Victim of Mental Domestic Violence

If you’ve been the victim of mental abuse then you need an attorney who will take your abuse seriously. You’ve found that attorney in Law Offices of Torrence L. Howell. No matter what the aggressor may tell you, they don’t have to hurt you physically for the abuse to qualify as domestic violence. Read on to find what the real definition of domestic violence is and then reach out to us at (909) 920-0908 for a free case evaluation.

California qualifications of mental abuse

In California, many types of words and / or actions can qualify as mental abuse. Essentially, if they make you feel humiliated, powerless, intimated, worthless, etc. then they may qualify. Some of the most common examples of mental domestic violence include mind games, constant criticism, being forced to isolate from family and friends, name calling, fear via intimidations, put-downs, threats of harm to you, your family, your children, or your pets, stalking, cyberstalking, or threats to reveal personal, private information that could impact you, such as your sexual orientation.

We can help you

At Law Offices of Torrence L. Howell, we understand that standing up to an abuser isn’t as simple as telling them to stop or calling the police. We know that it takes time to get ready to leave the cycle of abuse. We also know that we can help. We can ensure that you’re aware of and using all the protections the law provides you. Doing so can give you the maximum chance both of being safe and of staying free. For example, we may able to help you get a restraining order for both right now and the long-term.

We can also work to petition for your right to child support, child custody, alimony, and other financial assistance you’re entitled to. We know that abusers often keep their victims feeling stuck by taking away their financial means of escape. This is why we can petition for temporary child support and / or alimony that gets you the help you need right away. Of course, we can also help you file for divorce, help with child custody needs, etc.

Get the help you need moving forward with your life

Can you go to the police without talking to a domestic violence attorney? Yes, you can. You may get a police officer who’s extremely familiar with the entire scope of domestic violence and who can offer all sorts of protection and legal help but this is an unlikely situation. The truth is that the police are there to protect and serve but they’re not attorneys. They don’t know the ins and outs of the law the way an attorney does.

When you decide to work with an attorney, we can handle everything. We can file a restraining order so that your abuser must go through us if they have divorce or family law issues to discuss. The bottom line is that your freedom and your safety are important. Let us help protect them both. Contact Law Offices of Torrence L. Howell at (909) 920-0908 today for a free case evaluation.

Is Your Company Ready for the Changes Coming in 2018?

 Is Your Company Ready for the Changes Coming in 2018?

California businesses should make sure they’re on top of all the changes coming to business law in 2018. At Law Offices of Torrence L. Howell, we can help your company get up to date. Read on to learn more about the basic changes and then contact us at (909) 920-0908 if you have questions.

The New Parent Leave Act

If you have a company with at least 20 employees then you’ll be required to offer unpaid leave for any new parent so that they can bond with their child. There are limits on the leave. For example, the leave must be taken within one year of the time the child was born or adopted. If it’s a foster child, then the leave must be taken within a year as well. As an employer, you’re required to provider this unpaid leave for the placement or birth of a child, but you’re not responsible for medical needs of other family members.

Changes to what you can learn about a potential employee’s criminal background

If your company has five or more employees then you’ll no longer be able to ask about the criminal history of a person apply for a job. This is in accordance with Assembly Bill 1008. You’re also not allowed to consider the criminal history of a person at any other time up until you’ve made a conditional offer of employment. There are some specific exceptions, such as jobs where background checks are mandated by federal, state, or local laws.

Changes to what you can ask about a potential employee’s prior salaries

Assembly Bill 168 passed and it states that as an employer, you’re not allowed to ask about a job applications past benefits or salary. You’re also not allowed to use their salary history when considering their pay. If a person applying for a job does share their salary information voluntarily then you’re able to use that information.

Immigration Worker Protection Act

This law is meant to protect undocumented people from be victim of immigration enforcement while they’re working. In short, this law means that an employer can’t reverify if an employee s eligible to work legally as long as they’ve already been found to be legal to work in the past.

New laws about harassment

SB 396 makes it a requirement that an employer provide mandatory training to employees that discusses discrimination and harassment based on gender identity, sexual orientation, and gender expression. SB 295 makes it a law that this train must be conducted in the language that’s spoken by the workers who are getting the training.

Talk to an attorney to avoid business litigation

This is just a partial list of the new business laws that are going to affect or will be going into effect in 2018 in California. If you’re worried that your company may face business litigation or other issues, please contact a California business attorney. Contact Law Offices of Torrence L. Howell at (909) 920-0908 and let us help you through whatever your company is going through.

Can You Change Your Child Support Payment Amount? The Answer May Surprise You

Can You Change Your Child Support Payment Amount? The Answer May Surprise You

If you’ve been through a divorce and you and your former spouse had a child, then it’s likely that a certain amount of child support was part of that divorce settlement. This is rarely a surprise, as most divorcing parents understand that child support is part of the divorce process. In most cases, the amount settled on is as far as possible to both parties.

However, in many cases, months or even years down the line, circumstances are significantly different. The paying parent may have seen their income significantly increase or decrease, or the custodial parent may no longer have as much of a need for it. Too often, parents assume that there’s nothing they can do. After all, the judge either decided or approved the child support amounts. The truth is that, depending on the circumstances, it may in fact be possible to get child support modifications.

The easiest option is to simply talk it out

If there’s a reason that you believe child support amounts should be modified, then the first step is to try and talk to the other parent about it. If you can make a case, and they agree with it, then you can simply have an attorney create a support order adjustment, sign it, and have the judge approve it. This is both the easiest and least expensive way to make changes.

You can make an official request for child support modification

Of course, no all ex-spouses are able to simply sit down and talk out these changes. For parents in that position, you may need to file an official request to modify your child support. The judge isn’t going to just rubber stamp any adjustment or modification that comes across their desk. State laws allow them to approve modification of support for issues including an adjustment to custody or visitation, changes in income, incarceration, job loss, and changes in the child’s needs.

You need a qualified attorney on your side

Regardless of your case, you need an experienced family law attorney on your side. If you’re the parent who’s paying and you’ve lost your job or have seen a decrease in income, and you simply can’t afford to pay your full child support amount, don’t just stop paying it – contact us and see if we can help you get a modification.

On the other hand, if you’re a parent whose child’s costs have gone up significantly and the child support agreed to months or years ago no longer cuts it, then it may be best to request a modification as well.

Either way, the first step is to talk to a qualified attorney. You’ve found just that in Law Offices of Torrence L. Howell at (909) 920-0908. Reach out to us today and let us know what your situation is. We’ll start you off with a free case evaluation during which we can tell you the basics of your options.

Keeping Your Business Dispute Out of Court: Is Mediation the Answer for You?

Keeping Your Business Dispute Out of Court: Is Mediation the Answer for You?As a business owner, you have a lot on your plate. You must keep your own business on the straight and narrow, while ensuring that vendors, clients, customers, etc. are following applicable rules. This can all be hard enough as it is, but when the business dispute comes from within the company, it can feel impossible.

You don’t want details of your company’s operations released to the world. You don’t want to deal with the cost and hassle of a court trial. But you also don’t want to just roll over and give in to terms that aren’t fair for your side of the case. This is when business dispute mediation may come in handy. Read on to learn more about it and then contact Law Offices of Torrence L. Howell at (909) 920-0908 for a free case evaluation.

We have the unique background to help you move forward

When you need mediation services, you need a trainer mediator who can find the alternative solutions that will work for all parties. That said, you also need someone who has legal experience. That’s what you’ve found in us. We are impartial in our mediation services and are looking to find a solution that works for all parties involved. We’ve worked on business disputes that were simple and some that were extremely complex. We know how these cases end up when taken to court and we will do everything we can to guide all parties toward an agreement.

There are many situations in which mediation makes sense

Mediation isn’t right for every type of business law issue. However, there are many situations in which it may be the best idea. This includes breach of contract and other contract disputes, disputes over international business, debt collection disputes, disputes involving intellectual property or trademark, and disputes between shareholders and partnerships.

There are two things you need in a mediator

As you search for the right mediation option, there are two things you need to find. First, you need a mediator who’s entirely impartial. Though it may seem as though it would be helpful to have a mediator on your side, the truth is that it wouldn’t. If there was any evidence that came up that the mediator wasn’t impartial, then their decision could be reversed and the decision wouldn’t stand.

Second, you want a mediator that knows the law. While you do want someone who’s experienced in conflict resolution and knows how to help, you also want a mediator who knows the law they’re mediating. This doesn’t mean that they know the basics of business law – it means they should know the ins and outs of it. They should understand the nuances and complexities of business law.

If you need help deciding what the best option is for your company then it’s worth reaching out to an attorney. At Law Offices of Torrence L. Howell, we offer a free case evaluation so you have nothing to lose. Call us today at (909) 920-0908 and let’s get started.

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My ex-wife hired an attorney which prompted me to do so for our divorce. Torrence Howell was highly recommended from a friend of mine who used Torrence’s services for a divorce just like mine. The results came out much better than he ever thought it would. With all things being equal I felt Torrence would

-Anonymous May 23, 2018

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