Divorce Cases Involving Pets, Dangerous animals, or Who Should Get the Pets and Kids?

Animals have long been favored as household pets and as utility workers for those who need farm work. But what happens when BOTH parents or former spouses, BOTH want the same pet or animal? Apparently, the CA courts have decided that divorcing people can have the same type of hearing for who gets the pet-animals as would be done during a CHILD custody case??!! To do this properly, it would be best to have an attorney that knows animal law and cases, and to have an expert testify as to the bond between the human and animal or animals. People may think this is silly, but the entire animal code in CA was patterned after the CHILD welfare code? Most people have likely not thought of this but it's true. Then entire welfare code for children is basically how activists got the animal-pet codes done?

Let's pretend the couple now getting divorced own a stable of great horses and they both want to keep the same animals. If the disagreement is bad enough, and neither party will give in, it is possible that one could try and prove that one party has a higher bond to an animal than the other party. Let's say a race horse was mostly bonded to the wife but the husband wanted the horse, even though he had little to do with the horse. According to the law set forth for custody of the pets/animals, the code tends to lean to the animal welfare/child welfare code? Therefore, what is in the animal's best interest? It may sound dumb, but that's the law right now. And if that animal or animals just happened to be a high end champion dog line, you better bet that there would be a lot of fighting?

This could happen with any community property--but if an animal was only registered to one party, I would think that the registered party, without more, might have the edge as against the non registered party. Some show dogs are so expensive and are only registered to one party--others may be registered to more than one party. Attorney has worked with show dog people for quite some time, and we all know show dog people treat the animals like kids? Or, possibly the couple owned an entire kennel dedicated to breeding, raising and selling dogs nationwide. Assuming it was community property the judge would likely either split the kennel, or allow the parties to divide it as they chose themselves.

Show dogs are very expensive so there could be disagreement on which dogs would go to whom? (Attorney has worked with show dog people, it's really different once you see how they do everything!) Attorney has also done trials involving dogs and owners, where one party claimed the other party had a dog that should be kicked out of the registration due to alleged biting? One would be surprised to see how much litigation is done with animal law cases!

Police will shoot dogs, sometimes kill them; attempt to get the pound to capture them, or because maybe the police has no familiarty with dogs, will shoot an innocent dog which is not doing anything except standing there? There is a well known published case on that where the police shot a dog or dogs owned by Hells angels in the Bay area, and the dog was not menacing anyone?

https://www.overlawyered.com/2006/02/hells-angels-get-990-k-for-dead-dogs/

https://www.sfgate.com/bayarea/article/SAN-JOSE-City-pays-Hells-Angels-797-500-to-2513273.php

Mediator vs an Attorney..

 This should be quite easy to describe because basically both of these words are not usually interchangeable... Most actual mediators who are attorneys, prefer to do settlement workouts and will often operate a mediation practice whereby those wanting to work out things mutually may sometimes actually do that? 

While it is true that some cases can easily be mediated IF both parties understand what is actually going on and fully agree-- attorney herein has seen many cases where parties thought they knew what they were getting but in fact they didn't understand what they got? This is not that surprising.

Mediation for divorce can be very difficult when there are huge problems in any given area, such as psychological,mental,emotional or difficult issues involving drinking, drugs, criminal charges or civil law issues with lawsuits, inheritances, bankruptcy, faulty IRS filings,  taxes and liens, tracing of separate property, sales of property, unknown hidden assets, domestic violence restraining orders, civil lawsuits, reimbursements known and unknown, hidden assets to family and online accounts unknown; illegitimate children,and more.

Nearly all of these potential issues will typically not be mediated away for the most part.

Once domestic violence enters the picture it is possible that this will come back to haunt the one accused; Most domestic violence cases should be carefully checked for errant, wrongful or outright lies. Some parents will get children to lie or give false statements. Or it could be lying friends.

Those will be the most difficult cases in attorney's opinion. Nearly all cases in this boat will likely require litigation, if only to salvage the truth.

If you have any doubt about giving up your rights, preserving your rights, understanding your rights, it is likely a mediator may not be the best choice for you. Trying to salvage a case by agreeing to things that should not be done or required is silly. No one should force clients to do something that may not be appropriate; when it comes to litigation, sometimes we do have to make difficult decisions. But mediation does not work when both parties don't agree. And in most difficult cases, mediation is simply inappropriate. For high stake cases involving large sums of finances, and much property, it is best to normally hire attorneys that work mostly on high stake cases involving a lot of financial dealings, as they are best suited for tax purposes, and in working with tax accountants. Much of the processing is accountant related, tax related, etc.  

Pro Se Family Law Case of the Century-- Court Finds for Husband

In this case the trial court had ordered $9,000 in attorney's fees to a wife during a divorce case, citing disparity in the wife's gross income as a court clerk of $5,135/mo and that of her husband, who grossed $8,333/mo. as a law librarian. 

When the husband appealed the fee order, he pointed out that not only was his income not substantially greater so as to support such a large attorney fee award, but that he has significant costs and expenses including child support and spousal support, after which he was not left with enough income to pay attorneys fees.

Past cases have clearly emphasized that the court should consider need and ability to pay, but this case is unique in that the court specifically considered the husband's actual expenses and also considered his hefty child and spousal support obligations in determining that it was unfair to make him pay attorneys fees under these circumstances.

If your spouse is requesting that you pay his or her attorneys fees, you should definitely cite this case and argue the same logic, that after you are ordered to pay child support and spousal support that you just don't have money to meet your monthly budget --- and then pay your spouse's attorneys fees on top of all that. 

CLICK ON THE WORDS FULL TEXT BELOW, TO READ THE CASE....

     Click ---- to read the case  [full text]

Court of Appeal, Fourth District, Division 3, California.

ALAN S., JR., Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Mary T., Real Party in Interest.

No. G041034.

    Decided: March 18, 2009

         You will almost never find a case like this.

It's almost enough to make one cry in realizing sometimes there is Justice in this world today but it doesn't come easy..... and NOTE-- the Husband was making over $8,000 a month (which in Los Angeles area, doesn't go too far. ]

CONTACT ATTORNEY 530 359 8810 IF YOU NEED HELP ON YOUR LEGAL CASE WHETHER IT'S FILED ALREADY OR NOT!

Experience in Litigation Takes Years + Results That Count

Experience in handling difficult cases can only be judged by those who have actually done such cases, and preferably, won those cases. Losing can teach us as well (although every case is not a winning case to start with) - and one may find that certain tactics don't work, but just drive up the cost of litigation to start with. 

DOES THIS SOUND LIKE YOUR SPOUSE?  
If  so, TRUST ME, WE GET IT!!  There's two sides to every story, if not more!!
  *Before anyone gets insulted,  we are quite aware that much of family law involves FIGHTING and we mean fighting verbally, mentally, and physically!!  That's why many attorneys hate family law cases.  It's too emotional, too draining, too much drama,etc......

But the problem could be--maybe YOUR other former half--WANTS to drive up your litigation expenses so you will give up?!!

Actually, due to some attorneys who will do needless actions, this is not that uncommon.

At about $5.00 a minute, it doesn't make sense to do actions that aren't useful, BUT it happens a lot from what we have observed over the years. Custody issues tend to be the worst because any private evaluators or experts are very expensive. Very.

It makes sense that an attorney who is strategy minded, cost mindful, and fairly assertive-- can make better headway than spending time on useless things that will have no impact on the case, even if it drives up the costs for the other party.  Attorney herein is not a clerk or a clerk typist, although we do have to type. 

 An attorney understands that the legal argument can't be left out?  The best argument is not buried in 5 pages of paper. Some of the attorneys with wonderful skills will bury their arguments such that it can't be found unless one searches---that should never happen.  Arguments should not be buried. That's a wonderful way to never get your point across.

If you need an attorney who can make your points very obvious, leap from the page, and do all the talking for you in a straightforward, simple to understand format, then attorney may be a good match for your case. Plus you get the added bonus of having an attorney that is an experienced closer (as in closing sales, closing cases) which has helped attorney win cases both in civil, criminal,bankruptcy,animal law and family law.

EVEN SOME ATTORNEYS DON'T UNDERSTAND BANKRUPTCY LAW?

 Bankruptcy is a fairly complicated process and although there are several types of bankruptcy, what we most often see in family law, is Chapter 7 and Chapter 13 filings.  Bankruptcy, if done properly, can be a real benefit for some people, especially the automatic stay which in general, stops most creditor actions and other actions. 

However, it doesn't always stop "everything" and the bankruptcy codes are not exactly the most simplistic thing in the world?  

Apparently, just because a judge says that money in an escrow account is or is not part of a bankruptcy case, be sure you ACTUALLY know the bankruptcy rule and how it is applied, before you either confuse others, or make a huge mistake?  We just saw evidence of an attorney telling us that the client had to legally do something, which was completely UNTRUE??

Although bankruptcy filings have likely increased due to COVID related issues, not everyone will be a candidate for bankruptcy filing.  For example, see  https://www.pmbankruptcy.com/, attorney Pete Macaluso, in Sacramento.... or attorney Michael Hays, CHICO bankruptcy attorney  http://www.mhayslaw.com/. I have known Pete since the 1990's, and Mr. Hays is almost an icon attorney in Chico!

There are some family law attorneys that do not understand bankruptcy apparently.....so if you have a bankruptcy issue, or are not sure if you have such an issue, you should check if your family law case involves a bankruptcy eventually, especially if taxes or liens or overdue government bills are owing? Some real property liens can be avoided with various programs, but you will likely have to qualify.

Interesting read on what gets discharged in BK, drunk driving...................

https://www.southerncaliforniabankruptcylawblog.com/2017/11/25/drunk-driving-debt-dischargable-if-debtor-was-the-injured-person/

See  https://procedurallytaxing.com/avoiding-the-federal-tax-lien-securing-penalties-in-a-bankruptcy-case/

https://www.clarkhill.com/alerts/automatic-stay-violations-and-punitive-damages

                                                                      LOL LOL LOL

                                       JUST BLAME IT ON THAT FREAKIN' COVID !!!