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The Attorney-Client Relationship in Divorce Proceedings

One of the most important things to understand when filing for a divorce is the attorney-client relationship. This partnership is one built on trust, especially when you find yourself struggling during this likely difficult and stressful time. 

The divorce lawyers at the Law Office of Laurence J. Brock are here to help you every step of the way, providing you with the information and help needed during this trying time.

Understanding Your Relationship with a Divorce Lawyer

It’s normal to have to reveal personal information to your divorce lawyer, but understanding your relationship may make things a bit easier. Laws in California recognize an attorney-client privilege, which states that a client needs to be open and truthful with their lawyer. 

Due to this understanding of the trusted relationship, an attorney is not allowed to share private or trusted information of the client with a third party. 

Many divorces involve sensitive and private issues, so the following list gives examples of some instances that your lawyer is unable to disclose to a third party:

  • Mental health issues or concerns
  • Child custody cases
  • Property division
  • Allegations of varying forms of abuse including physical, emotional, and sexual
  • Drug or alcohol abuse claims
  • Other personal matters

However, the privilege only exists under the understanding that the client and lawyer have an official attorney-client relationship. In some circumstances, the attorney-client privilege can still apply even with a non-client. For example, if a person is seeking legal advice and relies on that advice, or the person is considered a prospective client, the privilege still applies. 

When Can Your Lawyer Disclose Information?

In most circumstances, under attorney-client privilege, a lawyer is unable to disclose information about the client. However, an exception to this ruling may be made in relation to a child in danger. Here are some other examples of why a client-attorney relationship may be waved:

  • Death of the Client – If a client has died, the attorney may break the relationship to provide information to heirs or other parties related to the client.
  • Crime or Fraud If the client seeks advice from their attorney about criminal activity, the lawyer can provide information to the police about the activity. 
  • Common Interest If two parties are represented by the same lawyer for a shared legal matter, neither client can hold a client-attorney privilege with the shared attorney.

If a lawyer discloses information during a divorce proceeding, that information can greatly impact the details of your claim. Because of this, it’s important to talk with your lawyer about the attorney-client relationship, what they can disclose, and what information is protected by them. 

Call a Rancho Cucamonga Divorce Attorney 

Deciding to file for a divorce is no simple matter, which is why it is important to understand why you need a divorce lawyer on your side. Our attorneys at The Law Office of Laurence J. Brock understand the importance of confidentiality, and will continue to maintain it as we work together on your case.

We will help you along the way, answering your questions and making you feel safe. When you’re ready, reach out by calling 909-466-7661 or by completing the online contact form below. 

Reasons to Divorce

There are many reasons you may want to consider divorcing your spouse. However, you will want to make sure you have an excellent legal representative on your side.

A divorce lawyer can help you navigate your case, including understanding all of your options. Someone who has experience in the field will be able to help you create the best case possible in a court of law.

Reasons to Seek a Divorce

Divorce is tough on any family, whether or not kids are involved. This means that you will want to make sure you are making the right choice. Emotions are likely to run high, but that does not mean you should feel guilty for wanting a divorce from your partner. 

There are many reasons for you to take action, and our lawyers have put together a list of some of the most popular reasons for divorce in California:

In California, there are two main grounds for divorce. If you are filing for irreconcilable differences, it means the marriage cannot be recovered. The second legally valid reason for divorce is incurable insanity. 

With the first method, you do not need to prove anything in a court of law in order for your marriage to be terminated because California is a no-fault divorce state. However, with incurable insanity, you will need to prove your case in a court of law.

Annulment in California

In certain cases, you may be able to consider annulment as part of your divorce case. In this circumstance, annulment is when a court rules that a marriage never happened in the first place. 

Though there are several grounds for an annulment, the most important ones to understand are polygamy, incest, marriages entered by force, marriages entered through fraudulent behavior, a spouse under the age of consent, or a spouse that was not of sound mind at the time of the marriage. 

However, even if both you and your spouse have agreed to an annulment, you will both have to explain in front of a judge why your marriage was not legal to begin with. If your spouse has asked you for an annulment, you have a few options. You can go to court and ask a judge for an annulment, or you can ask your spouse for a divorce or legal separation instead of an annulment.

Be Prepared for Your Divorce Case with a Divorce Lawyer

If you are dealing with a failing marriage and want to file for a divorce, make sure you have someone who knows the ropes in your corner. Our team will be able to help you navigate your case during this difficult time.

The Rancho Cucamonga Divorce Lawyers at The Law Office of Laurence J. Brock are here to represent you during your divorce case. Give us a call at 909-466-7661 or fill out our online contact form to request a consultation.

How Do Grandparent’s Rights Work in California?

Visiting with grandchildren is a joy for most grandparents. But how can you see your grandkids when their parents aren’t willing to share custody or visitation?

Grandparent’s rights are complicated, but we’ll break down the basics of how grandparent’s rights work in California so that you know what your rights are when it comes to seeing your grandchildren. If you have further questions, contact The Law Office of Laurence J. Brock for guidance.

Basic Facts About Grandparent’s Rights

Grandparent’s rights can be complex, especially because they’re not as clearcut as parental visitation rights. They’re instead based on what the court thinks is best for the child. 

In California, this means that grandparents can seek visitation rights or custody if the child would benefit from time with their grandparents or would suffer if living with their parents. If it’s safer for everyone involved when grandparents have custody of their grandchild than when someone else has custody. 

If you’re struggling to get the time you’re due with your grandchildren, talk to your lawyer about your rights as a grandparent. They can help you seek out the time you’re due with your grandchildren, even if you’re on difficult terms with your children. 

Seeking Visitation Rights

If you’re not on good terms with the custodial parent during a divorce, you may have a difficult time getting opportunities to see your grandchildren. A divorce complicates family relationships, and the parents with physical custody of the children may refuse to give you visitation time. 

When this happens, you and your lawyer can request the visitation time you’re due in court. The judge will look at factors such as the following:

  • How much time does the child spend with the grandparents?
  • Does the child have a high-quality relationship with his or her grandparents?
  • Are the grandparents involved in important activities, like school events?
  • Is there any evidence of harm from not having contact with the grandparents, such as would be the case with abusive parents? 

If your grandchildren live with you most of the time, find out if you can claim legal guardianship over them instead of going through court proceedings. Your lawyer can seek out the rights you deserve to see and spend time with your grandchildren. 

Appealing the Court’s Decision

If you are unhappy with the court’s ruling regarding visitation or custody rights, you can attempt to appeal the decision. However, this does not guarantee that an appeal will result in a change in the order. 

If a grandparent does decide to pursue an appeal of a custody or visitation order from family courts in California, they must file a notice of appeal within thirty days of receiving notice of the court’s decision.

Get Help Retaining Your Rights

Visitation can be complicated, but if you’re willing to work closely with your grandchild’s parents, there’s a good chance that you’ll be able to see your grandchild more often. 

Call The Law Office of Laurence J. Brock by calling 909-466-7661 or contact us through our online form if you have further questions or if you are interested in learning more about how grandparent’s rights work in California.

Minimizing the Effects of Divorce on Children

Divorce can be an extremely stressful event for children. They often feel responsible for the divorce and worry about their parents’ love, finances, and lifestyle. As a parent, it’s important to be honest with your children about what happened between you and your spouse while keeping their best interests in mind. 

Children are observant and can pick up easily on the tension between their parents. Because of this, minimizing the effect of the divorce on your children can be difficult but important for their health. Here are some steps you can take for your children. 

Arrange Visitation to Minimize Effects

One of the most important steps you can take is to arrange visitation schedules wisely. The best plan for visitation schedules is one that minimizes disruptions. 

For example, if both parents work full-time jobs and share custody of the children equally, then sharing time on the weekends or alternating weeks during the weekend can minimize disruptions. This may be easier for your children rather than alternating between homes during the week.

Tips for Minimizing Stress 

When you’re seeking a divorce, your focus may be on bigger issues like custody, child support, and visitation rights. But in many cases, taking little steps can make a big difference for your children. With the right attention and support, you can help your children overcome the stress and difficulties of a divorce. 

If you’re concerned about the mental health and well-being of your children during this difficult time, here are a few steps you can take to minimize stress on your children: 

  • Keep a Consistent Routine – Divorce can cause many changes in family routines, including meal times, holidays, and spending time with grandparents. Make sure that your child has a routine that includes family time as well as activities they enjoy, such as sports or music lessons.
  • Keep Children Out of Disagreements – Children should not be dragged into adult issues, so keep them away from disagreements and discussions about property division or child custody. And if you want to leave an angry message for your ex-spouse, don’t leave it on his or her voicemail where children can hear it.
  • Stay Calm – Children learn by watching their parents’ behavior and mimicking it. If they see their parent losing control over their emotions, they may do the same thing. Speaking ill of your ex-spouse can also lead to discomfort for your children. 

A Divorce Attorney Specializing in Family Law

Making your children feel supported during this process is essential. With your support, they can face this situation and grow up without the more severe stress a divorce can cause. Children are resilient and adaptable. They can handle changes in their lives, but the more supportive you are as a parent, the better they will handle these changes.

As a California family law specialist, The Law Office of Laurence J. Brock will guide you through the divorce process, which will help with your stress and with the stress placed on children. Call 909-466-7661 or chat with us online for a consultation.

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