Link K. Schwartz, Certified Family Law Specialist

1801 Century Park East, Suite #1100, Los Angeles, CA | 310-553-5465

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California Super Lawyers Accepts Link Schwartz Into 2014 List

Super Lawyers, a rating service of outstanding lawyers from more than 70 practice areas, has recently added Link Schwartz to the distinguished 2014 California Super Lawyers list. As a Beverly Hills family law attorney with over 25 years of experience, Schwartz utilizes an encouraging approach to life as well as dedicated representation strategies to aid her clients steer their way through complex problems and reach a consensus that both parties can be content with.

Link Schwartz has significant experience with many high profile cases, representing her clients enthusiastically inside and outside the courtroom. Her success in representation is of the highest quality and yielding results for her clients has led her to becoming one of California's most sought after family law attorneys.

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Link K. Schwartz Awarded Top Attorney by LA Magazine

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Top Attorneys in Southern California, Link Schwartz

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DIVORCE, A COURSE! TM

Join Link Schwartz, Certified Family Law Specialist, for a HANDS ON WORKSHOP to assist you in drafting your Divorce or Paternity Papers for court.

COURSE ONE: 4/1, 5/6, 6/3, 7/ 1

DRAFTING YOUR PETITION FOR DISSOLUTION AND/OR PATERNITY TOGETHER WITH THE ACCOMPANYING DOCUMENTS YOU WILL NEED TO FILE. Course includes: Link will show you step by step how to draft: the necessary documents to start your d divorce or Paternity matter. This will also include the next step - what happens after you file the papers. At the end of your session, you will have everything you need to get your divorce/paternity started.

COURSE TWO: 4/15, 5/13, 6/10, 7/15

CHILD SUPPORT: In this course Link will take you through the steps of filling out the necessary documents to file a Request For Order to ask the court for child support, health insurance for your child or children, payment for non-reimbursed medical expenses, and child care. At the end of you session, you will have everything you need to file your Request For Order.

COURSE THREE: 4/29, 5/20, 6/24, 7/22

CHILD CUSTODY AND VISITATION: Course includes how to draft a Request For Order for custody and Visitation. Session includes drafting the documents and questions and answers regarding your unique situation. At the end of your session, you will have everything you need to file your Request For Order.

COURSES ALSO INCLUDE: Questions and Answers, and IMPORTANT TIPS to help you navigate and understand the process of divorce or paternity.

EACH SESSION IS $300, which includes the documents you will complete and file with the court.

LOCATION: 1801 CENTURY PARK EAST, SUITE 1100, LOS ANGELES, CALIFORNIA 90067

TIME: 7:00 P.M. TO 9:30 P.M.

CALL TODAY TO RESERVE YOUR SPOT. (310) 553-LINK [5465]

SEATS ARE LIMITED TO 12 PEOPLE PER COURSE TO ALLOW FOR ATTENTION TO EACH PARTICIPANT!

[linkschwartz]

This Should Be An Interesting Read

Nate Silver’s Book: “The Signal and the Noise: Why So Many Predictions Fail-but Some Don't”

Nate Silver built an innovative system for predicting baseball performance. He predicted the 2008 election within a hair’s breadth, and he became a well known and respected blogger.  Nate Silver has become a phenomenal political forecaster.

Silver talks about distinguishing a true signal from a universe of noisy data. Experts and laypeople mistake more confident predictions for more accurate ones. Overconfidence is often the reason for failure, as we recently saw with our last presidential election.

Silver reviews the most successful forecasters in a range of areas, from hurricanes to baseball, from the poker table to the stock market, from Capitol Hill to the NBA. He explains and evaluates how these forecasters think and what bonds they share. What lies behind their success? Are they good—or just lucky? What patterns have they unraveled? And are their forecasts really right? He explores unanticipated commonalities and exposes unexpected juxtapositions. And sometimes, it is not so much how good a prediction is in an absolute sense that matters but how good it is relative to the competition. In other cases, prediction is still a very rudimentary—and dangerous—science.

Silver observes that the most accurate forecasters tend to have a superior command of probability, and they tend to be both humble and hardworking. They distinguish the predictable from the unpredictable, and they notice a thousand little details that lead them closer to the truth. Because of their appreciation of probability, they can distinguish the signal from the noise.

Perhaps some divorce clients should seek Silver’s wisdom by weighing probabilities on issues. Over confidence can be very detrimental in divorce litigation. More often than not, a good settlement is far better than lengthy, expensive and stressful  litigation.  Just a thought.       

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EQUAL RIGHTS AND THE SUPREME COURT

The Supreme Court recently granted review of the constitutionality of the Defense of Marriage Act (DOMA) and California’s Prop 8. Accordingly, the full range of marriage issues will now be before the high court.  This is a very exciting and historical time.  The decisions are expected to have the same profound impact on gay rights as  Roe v. Wade did for a Women’s Right To Choose. The world awaits with cautious optimism, for equal rights to be extended to all people, guaranteeing the fundamental right to love and marry who s(he) wants to.

DOMA CASE:

In this case, Edie Windsor’s and Thea Spyer, were a couple for 44 years.  Their relationship started in 1965. They got engaged in 1967, but could not marry until the year 2007. Thea was diagnosed with M.S. in 1977. The couple remained together until Thea’s death in 2009.

Thea left her possessions, including the apartment they shared for decades, to Edie.  New York considered Edie and Thea as married, but DOMA required the federal government to treat them as legal strangers. The result was that Edie received a Federal Estate tax bill in the amount of $363,000. If Edie was a traditional widow, the estate tax would be 0.  Discrimination?  You bet.

Edie decided not to let this go without a challenge.  The two lower Federal Courts have struck down DOMA in her case, and now the Supreme Court will give us the final word.

PROP 8 CASE:

Unlike the DOMA case, the Plaintiffs in the Prop 8 case want to get married. The court will review California’s gay marriage ban, which passed in a 2008 ballot initiative months after California’s Supreme Court had legalized same-sex unions and thousands of Californians had already gotten married. Two Federal Courts have already struck down Prop 8 as discriminatory, leaving the U.S. Supremes to make the final decision.

Will the Supreme court rule that the right to marry is a fundamental constitutional right? 

If the Plaintiffs prevail in the Prop 8 case, states will no longer be able to ban gay marriages.

Justice Anthony Kennedy has a record of ruling in favor of gay rights.  In the case of Lawrence v. Texas, he stated that:“The liberty protected by the Constitution allows homosexual persons the right to choose to enter upon relations in the confines of their homes and their own private lives and still retain their dignity as free persons.”

Because of Justice Kennedy’s history on this issue, some legal experts think there is a very good chance DOMA will be struck down.

Gay or Straight, this is a Civil Rights Issue and any and all forms of discrimination cannot be tolerated.  We look forward to these landmark decisions.

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Things to Think About This Week

ONCE A BOOB, ALWAYS A BOOB

I bought my wife boobs and I want them back now that we are getting divorced.

Well, there is no way to take your boobs back once implanted.   The court will not order someone to give back their boobs, or any other body parts.  Sorry there are no marital warranties on boobs.

SHE SAID I DON’T HAVE TO PAY CHILD SUPPORT, WHY IS DCSS COMING AFTER ME?

When parties agree that one of the parties doesn’t have to pay child support, that MUST be in a writing and filed with the court.  If you have no writing and no written proof that you have paid voluntary child support, you are stuck.  Her or His word is meaningless when the Department of Child Support Services knocks on your door and wants you to pay child support retroactive to a date.  MAKE SURE YOU TAKE CARE OF BUSINESS and get your documents in order so that you have evidence.

JUST A REMINDER FOR ANYONE PLANNING A WEDDING THIS HOLIDAY SEASON

If your Judgment for Dissolution is not entered with the Court yet, you are still legally married.

Make sure you have your Judgment for Dissolution is entered prior to tieing the knot again!

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Holiday Gift Obsessions

There is nothing like a great obsession, which takes so many forms. Don’t we all have obsessions from time to time?

Here are some of mine that top my list right now.  I thought I would share them with you and hopefully we can exchange obsessions!

LOVE HEALS is high up on my list.  This family owned and operated jewelry company is based in Ojai, California.  The jewelry is exquisite and very spiritual. With every purchase, they will plant 10 trees in your name with Greener Ethiopia.  They also contribute to autism treatment for families in need, through Generation Rescue. To date One Million Trees have been planted.

K.I.N.D. is an organization for Kids In Need Of Desks in Malawi.  The children are in desperate need of desks. Currently they sit on dirt floors in packed classrooms. A desk costs $48.00, including transportation.UNICEF is currently working with Lawrence O’Donnell to raise money and awareness.  Visit the website and see the childrens’reactions when the first shipment of desks were delivered.  Absolutely breathtaking.

KATHY CONFER’S ART WORK is beautiful and unique. I am always intrigued by her paintings and sculptures.  She recently launched a new website featuring her watercolor artwork.  Check out Kathy on Facebook and on her new website site.  She is now offering prints as well as original works of art.

I wish everyone a fabulous obsession during this season of giving, joy and peace.

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Child Custody During Holidays

If you are new to the process, it is important for you to know how holidays are shared with the children.

Routinely, during Christmas each parent has one week.  The holiday starts from the day school ends before the holiday and the exchange is ½ way through the holiday.  More often than not, the exchange is Christmas Day at Noon.  Parties are always free to work out an arrangement that suits their traditions.  For example, if Christmas Day is very important to one parent, the parties can always agree for that parent to always have Christmas Day.

Also important for everyone to know about traveling with children during the holidays:  Be sure to provide the other parent with an itinerary of where the child(ren) will be when they are away.  Maintain your cell phone service so that the  stay home parent can speak with the child(ren).

The holidays tend to bring out the worst in feuding parents, so try and maintain some flexibility.  I know that is often easier said than done.  Remember to focus on the children, and allowing them to enjoy both parents during the holidays.

Wishing everyone peaceful holidays

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Beverly Hills Attorney Link Schwartz discusses landmark case

Family Law attorney, Link Schwartz generously shares facts and her perspective as one of the attorneys of record during the landmark California case: Lopez V Martinez. The case is often referenced within the Legislative Digest related to Cal. statute 3104.

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What are you Thankful for?

It is the season to reflect on those things we are thankful for.  I’d love to hear what you give thanks for.

As for me, I am most thankful for my beautiful family that gives me love, strength and courage every day to walk into the madness we sometimes have in our lives.  I am also grateful for the other loves in my life that give me love, joy and laughter.

I am thankful for the universe for all of its many gifts; and for how the magic light appears at night, around dusk. The light shading the trees and mountains is stunning.  I am always thankful for random acts of kindness, even if it means letting me into a traffic lane.

I am thankful to all of my clients, past and present, for the conquests we achieved.

I am also thankful for those wacky Republicans who continue to give us much comedy, even after the election. They are considering running Sarah Palin for the 2016 race. Who could ask for more?  Maybe this time she'll go on Dancing With The Stars, or have an on-air vaginal probe to show America how awesome it is.  

I didn’t get my swag bag from the President.  I’m thinking of sending him an email asking where I can pick that up.  I don't need a cozy for food stamps, but I wouldn't mind a new IPhone.

What I am notThankful for is the rampant abuse of workers. The Hostess Company went into Bankruptcy twice, and each time their top tier management gave themselves huge raises and bonuses, while they stripped their employees of their retirement and other benefits.  One wacky Republican said: "It's no big deal. Some company will buy Hostess and move to a 'right to work' state."  Blame it on the workers.  Way to go Repubs!  Maybe one day they will get the memo, but I won't hold my breath on that one.

I wish you all great love in your lives, lots of laughter, huge victories in those battles you must face, bravery, and kindness.

Happy Thanksgiving to all.

@LinkSchwartz

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Family Courts Closing in Southern California

This week we learned that  more budget cutbacks are resulting in the following courts closing:  Beverly Hills, West Los Angeles, Malibu, Avalon, Huntington Park, Whittier, Pomona and San Pedro. 

This year, we’ve also had family law courts closing throughout Los Angeles County and Ventura County.

What does this mean to you?  More waiting, more congestion, cases getting continued and expect lots of delays getting your case resolved.

Alternatives?  Yes, there are many, and I suggest some of these as ways to move your case along:

Hire a private Retired Judge.  While this may appear to be costly, it actually saves you a substantial amount of attorneys fees and costs,  stress and delays. When you appear before that Retired Judge, there is no down time.  Your case will be heard until conclusion.  It clearly is a better use of funds for expeditious resolution.

Mediate.  There are wonderful Mediation Services throughout the state, ready, willing and able to help you get your case resolved.

Schedule Settlement Conferences.  Sit down with your attorney, the other attorney and your Ex to be.  Get it done.

We need to get more creative to resolve our clients differences.  There are some clients who have found that meeting with a psychologist to resolve issues that are directly impacted by the divorce process work.

If you prefer going to court be mindful that your case may be delayed, that you might be there all day, or that at the end of the day, your case still might get continued.  Our Judges are working hard to meet the demands of their full calendars and cases to be heard each day.  The full case load of those demands however, result in continuances. 

I wish everyone successful resolutions.  If you want to talk more about this, call [phone] or email me.