The parties meet with Mr. Walley in his law office, and discuss their issues, assets, and liabilities. Based on those initial discussions, the areas of agreement and of disagreement are identified. As to the agreed-upon items, Mr. Walley will advise the parties as to the appropriate next steps to take (e.g. divide bank accounts, change title to properties from joint tenancy to tenants in common, write up a custodial schedule, etc.).
As to the open issues, a process will be established to best deal with those, and ultimately to resolve them.
What are the fees and costs?
Due to the uncertainty of knowing how long the process will take and how many meetings it will take, Mr. Walley charges his time by the hour. His rate is dependent on the assets and issues involved.
How is confidentiality maintained?
All meetings are held in the privacy of Mr. Walley's office or conference room. Unlike the courtroom, no strangers are walking in and out, and there are no clerks or court reporters to listen in on your discussions and private matters. No recordings are made of the conversations. And, due to the laws relating to mediations, all discussions are privileged (meaning they are inadmissible in court) so anything said during mediation can never be revealed.
Once agreement is reached, what happens?
Mr. Walley and his staff prepare all necessary paperwork to be filed in court. Neither of you ever have to go to court as all of the processing is done by Mr. Walley.
If agreement is not reached, what happens?
By law, Mr. Walley, once he has acted as your mediator, cannot act as the attorney for either of you. Therefore, if one or more issues are not resolved, the parties will each need to retain their own attorney or will need to act as their own attorney (not recommended).
Wednesday, December 12, 2012
Monday, November 26, 2012
Seeking Alternatives to Divorce Court?
Filing for divorce is a long complicated legal procedure. The costs of paying divorce lawyers can spiral out of control. Do you want the stress of standing before a judge?
There is an Alternative to Divorce Court
Sit down with an experienced professional and talk about what's best for all involved. This type of solution is called a divorce mediation or a collaborative divorce. Avoid going to court altogether.
- Less time, less cost and less conflict.
- Mediation for divorce happens in private.
- No strangers watching in the courtroom.
- Tax records are kept out of the public eye.
Tom Walley
Mr. Walley is a Divorce Attorney with over 40 years of experience in California divorce court. He informs his clients on family law, mediates custody disputes, files divorce papers and can provide the services of divorce lawyers.
Call (949) 391-9109 for a free 30 minute consultation.
Monday, November 19, 2012
Your Family Law Mediator
Use a family law mediator to help work out what's best for your family. Call Tom Walley at (949) 955-1100 if you need help deciding:
It would be easier to sit down with experienced professionals and talk about what's best for all involved. Medaition works best for family law because it avoids going to court altogether. Less time, less cost and less conflict.
Call (949) 391-9109 to setup a Free 30 minute consultation.
Tom Walley services Newport Beach, Huntington Beach, Irvine, Costa Mesa, Santa Ana, Orange County and the greater Los Angeles area.
- Child Custody
- Divorce
- Child Support
- Other Family Law
It would be easier to sit down with experienced professionals and talk about what's best for all involved. Medaition works best for family law because it avoids going to court altogether. Less time, less cost and less conflict.
- Mediation for divorce happens in private.
- No strangers watching in family court.
- Tax records are kept out of the public eye.
Call (949) 391-9109 to setup a Free 30 minute consultation.
Tom Walley services Newport Beach, Huntington Beach, Irvine, Costa Mesa, Santa Ana, Orange County and the greater Los Angeles area.
Wednesday, October 31, 2012
Why Mediate?
The reasons can be summarized in the four "C's": Cost, Convenience, Conflict, and Confidentiality.
1. Cost - going to court to resolve issues is no longer a viable option. With funding being cut by the State, the courts are over-loaded to the point of being ineffectual. Consequently, even though your issue might only take a half an hour to try, you could be at court for four to five hours waiting for your turn - all the time with your attorney's meter running. On the other hand, with mediation you simply go to Mr. Walley's office at a set time and begin the process. There is no "down time," which saves a lot of money.
2. Convenience - the meetings are held at Mr. Walley's office in an informal setting, which furthers the chances of resolving issues. Rules of Evidence do not apply, so you can tell your side of the story without interruption and without having to structure your comments to fall within admissible testimony. That way, the real truth can come out, which often does not happen in court. (While you may "know" something, you may not be able to prove it in court.)
3. Conflict (or, rather, the avoidance of Conflict) - this may be the key benefit of mediation: Because mediating is not adversarial, you do not have to take hard-line positions hoping that the judge will give you some of what you ask. In mediation, you can go into the causes of your break-up and the effects on the children, while in court the causes are not admissible because California is a no-fault state (unless the conduct affects the children). Often, a frank discussion of the causes of dissolution is very beneficial to one or both parties in the mediation. If you have children, then it is essential to preserve a "civil" relationship with your ex-spouse, so you can attend games, graduations, and weddings with each other without embarrassing scenes or arguments. That is the only way your children will have a chance of growing up with some sort of normalcy.
4. Confidentiality - the mediation sessions are conducted in private, so you do not have strangers wandering in and out of the courtroom while you are testifying. Your financial and tax records remain private. Your disputes remain private, so you are free to discuss them in detail, as opposed to having to testify about them in a public setting. So, as you can see, mediation is the only logical way to end your marriage.
1. Cost - going to court to resolve issues is no longer a viable option. With funding being cut by the State, the courts are over-loaded to the point of being ineffectual. Consequently, even though your issue might only take a half an hour to try, you could be at court for four to five hours waiting for your turn - all the time with your attorney's meter running. On the other hand, with mediation you simply go to Mr. Walley's office at a set time and begin the process. There is no "down time," which saves a lot of money.
2. Convenience - the meetings are held at Mr. Walley's office in an informal setting, which furthers the chances of resolving issues. Rules of Evidence do not apply, so you can tell your side of the story without interruption and without having to structure your comments to fall within admissible testimony. That way, the real truth can come out, which often does not happen in court. (While you may "know" something, you may not be able to prove it in court.)
3. Conflict (or, rather, the avoidance of Conflict) - this may be the key benefit of mediation: Because mediating is not adversarial, you do not have to take hard-line positions hoping that the judge will give you some of what you ask. In mediation, you can go into the causes of your break-up and the effects on the children, while in court the causes are not admissible because California is a no-fault state (unless the conduct affects the children). Often, a frank discussion of the causes of dissolution is very beneficial to one or both parties in the mediation. If you have children, then it is essential to preserve a "civil" relationship with your ex-spouse, so you can attend games, graduations, and weddings with each other without embarrassing scenes or arguments. That is the only way your children will have a chance of growing up with some sort of normalcy.
4. Confidentiality - the mediation sessions are conducted in private, so you do not have strangers wandering in and out of the courtroom while you are testifying. Your financial and tax records remain private. Your disputes remain private, so you are free to discuss them in detail, as opposed to having to testify about them in a public setting. So, as you can see, mediation is the only logical way to end your marriage.
Wednesday, October 17, 2012
Misconceptions About Assets
In my 40 years as a litigator/Family Law attorney, I believe the most prevalent misconception about marriage is the belief that upon marriage, the assets belonging to each spouse become community property. That is simply not true.
The assets owned by each spouse before marriage remain their separate property unless the owner does something to change that condition, such as add the other spouse to the title of the house or bank account. Otherwise, the pre-marital assets remain the owner's separate property. And, the interest income or rents or appreciation also remains the separate property of the owner unless put into a joint account with the other spouse.
The assets owned by each spouse before marriage remain their separate property unless the owner does something to change that condition, such as add the other spouse to the title of the house or bank account. Otherwise, the pre-marital assets remain the owner's separate property. And, the interest income or rents or appreciation also remains the separate property of the owner unless put into a joint account with the other spouse.
Monday, October 8, 2012
Family Law Mediation for Orange County, CA
Tom Walley is pleased to announce that he is conducting Family Law mediations. Mr. Walley has over 40 years of experience in handling all aspects of Family Law - including Dissolutions of Marriage, premarital agreements, step-parent adoptions, Legal Separations, custody disputes, and marital separation agreements.
Besides counseling the parties, Mr. Walley prepares all of the necessary paperwork and handles the court filings. Unlike many mediators, Mr. Walley informs the clients of what the law is, how much support might be due, the best way to divide your assets, and can answer questions pertaining to real estate or business issues.
Mr. Walley practices in Newport Beach, but has clients from all over Orange County and the Southland. He is one of the few AV™ rated attorneys practicing Family Law in Orange County. Contact him today for more information about his mediation services.
Besides counseling the parties, Mr. Walley prepares all of the necessary paperwork and handles the court filings. Unlike many mediators, Mr. Walley informs the clients of what the law is, how much support might be due, the best way to divide your assets, and can answer questions pertaining to real estate or business issues.
Mr. Walley practices in Newport Beach, but has clients from all over Orange County and the Southland. He is one of the few AV™ rated attorneys practicing Family Law in Orange County. Contact him today for more information about his mediation services.
Friday, April 27, 2012
Step-Parent Adoptions
Tom Walley recently tried and won two step-parent adoption cases. Unique to step-parent adoptions, if a natural parent does not consent to the adoption of the child by the step-parent, an action for Freedom From Parental Control must first be litigated in conjunction with the Adoption. There are specific statutory grounds to terminate the natural parent's relationship with the child, and the procedures involved are fairly technical.
Mediation
Tom Walley is pleased to announce that he is conducting Family Law mediations. Mr. Walley has over 40 years of experience in handling all aspects of Family Law--including Dissolutions of Marriage, premarital agreements, step-parent adoptions, Legal Separations, custody disputes, and marital separation agreements. Besides counseling the parties, Mr. Walley prepares all of the necessary paperwork and handles the court filings. Unlike many mediators, Mr. Walley informs the clients of what the law is, how much support might be due, and can answer questions pertaining to real estate or business issues.
Why mediate? The reasons can be summarized in the four "Cs": Cost, Convenience, Conflict, and Confidentiality. Cost--going to court to resolve issues is no longer a viable option. With funding being cut by the State, the courts are over-loaded to the point of being ineffectual. Consequently, even though your issue might only take a half an hour to try, you could be at court for four to five hours waiting for your turn--all the time with your attorney's meter running. On the other hand, with mediation you simply go to Mr. Walley's office at a set time, and begin the process. There is no "down time," which saves you a lot of money. There are no court reporter fees (now in Los Angeles, you have to bring your own court reporter to the courtroom for a hearing or trial, so now you are also paying for the court reporter's down-time. Convenience--the meetings are held at Mr. Walley's office in an informal setting, which furthers the chances of resolving issues. Rules of Evidence do not apply, so you can tell your side of the story without interruption and without having to structure your comments to fall within admissible testimony. That way, the real truth can come out, which often does not happen in court. (While you may "know" something, you may not be able to prove it in court.) Conflict (or, rather, the avoidance of Conflict)--this may be the key benefit of mediation: because mediating is not adversarial, you do not have to take hard-line positions hoping that the judge will give you some of what you ask. In mediation, you can go into the causes of your break-up and the effects on the children, while in court the causes are not admissible because California is a no-fault state (unless the conduct affects the children). Often, a frank discussion of the causes of dissolution is very beneficial to one or both parties in the mediation. If you have children, then it is essential to preserve a "civil" relationship with your ex-spouse, so you can attend games, graduations, and weddings with each other without embarrassing scenes or arguments. That is the only way your children will have a chance of growing up with some sort of normalcy. Confidentiality--the mediation sessions are conducted in private, you do not have strangers wondering in and out of the courtroom while you are testifying. Your financial and tax records remain private. Your disputes remain private, so you are free to discuss them in detail, as opposed to having to testify about them in a public setting. So, as you can see, mediation is the only logical way to end your marriage.
Mr. Walley practices in Newport Beach, but has clients from all over Orange County and the Southland. He is one of the few A-V rated attorneys practicing Family Law in Orange County.
Why mediate? The reasons can be summarized in the four "Cs": Cost, Convenience, Conflict, and Confidentiality. Cost--going to court to resolve issues is no longer a viable option. With funding being cut by the State, the courts are over-loaded to the point of being ineffectual. Consequently, even though your issue might only take a half an hour to try, you could be at court for four to five hours waiting for your turn--all the time with your attorney's meter running. On the other hand, with mediation you simply go to Mr. Walley's office at a set time, and begin the process. There is no "down time," which saves you a lot of money. There are no court reporter fees (now in Los Angeles, you have to bring your own court reporter to the courtroom for a hearing or trial, so now you are also paying for the court reporter's down-time. Convenience--the meetings are held at Mr. Walley's office in an informal setting, which furthers the chances of resolving issues. Rules of Evidence do not apply, so you can tell your side of the story without interruption and without having to structure your comments to fall within admissible testimony. That way, the real truth can come out, which often does not happen in court. (While you may "know" something, you may not be able to prove it in court.) Conflict (or, rather, the avoidance of Conflict)--this may be the key benefit of mediation: because mediating is not adversarial, you do not have to take hard-line positions hoping that the judge will give you some of what you ask. In mediation, you can go into the causes of your break-up and the effects on the children, while in court the causes are not admissible because California is a no-fault state (unless the conduct affects the children). Often, a frank discussion of the causes of dissolution is very beneficial to one or both parties in the mediation. If you have children, then it is essential to preserve a "civil" relationship with your ex-spouse, so you can attend games, graduations, and weddings with each other without embarrassing scenes or arguments. That is the only way your children will have a chance of growing up with some sort of normalcy. Confidentiality--the mediation sessions are conducted in private, you do not have strangers wondering in and out of the courtroom while you are testifying. Your financial and tax records remain private. Your disputes remain private, so you are free to discuss them in detail, as opposed to having to testify about them in a public setting. So, as you can see, mediation is the only logical way to end your marriage.
Mr. Walley practices in Newport Beach, but has clients from all over Orange County and the Southland. He is one of the few A-V rated attorneys practicing Family Law in Orange County.
Wednesday, January 4, 2012
Visitation
Effective January 1, 2012, a child 14 years or older can ask the judge to present his or her preference as to Custody or Visitation, which is a very powerful benefit to children.
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