...when one party takes advantage of the other party...and fails to disclose information..., the deceived party nonetheless warrants the opportunity to be able to obtain a fair judgment and get what they are legally entitled to
Tustin, CA (PRWEB) April 30, 2013
A Orange County divorce attorney from Wallin & Klarich assisted a client in setting aside the property division orders relating to her divorce judgment so that the client could rightfully claim her interest in her ex-husband’s pension. The knowledgeable and experienced family law attorney Yvette Ochoa did this by showing that the client’s ex-husband failed to comply with disclosure requirements, that the client had been materially affected by the original property division orders, and that the client would materially benefit if the court would set aside the judgment.
“Every person going through a divorce deserves to be treated fairly and with respect, and this is accomplished with honesty between the parties. But when one party takes advantage of the other party through fear and fails to disclose information that materially affects the divorce judgment, the deceived party nonetheless warrants the opportunity to be able to obtain a fair judgment and get what they are legally entitled to,” says Wallin & Klarich Attorney Yvette Ochoa.
According to court record from the Orange County Superior Court—Lamoreaux Justice Center, the client and her ex-husband had represented themselves in their divorce, 10 years before the client sought the help of Wallin & Klarich. The client is an immigrant, and at the time did not speak English and was fearful of her husband. As a result of such fear, the client did not consider seeking the help of an attorney and instead followed her husband’s directions, agreeing to the settlement terms her husband had drafted. The client learned 10 years after her divorce that her ex-husband had a pension through his work. Because there had been no disclosure of this pension at the time of divorce, it was not taken into account when the court issued the property division orders, so the client had no chance at the time of claiming any interest in the pension.
When the client learned of the undisclosed pension, she contacted Wallin & Klarich’s Yvette Ochoa who was able to set aside the property division orders according to court documents. Attorney Ochoa filed a motion to set aside the property division orders and made court appearances in that regard according to court record. Attorney Ochoa discovered that the client’s ex-husband purposefully and intentionally concealed that his pension even existed. Attorney Ochoa thus proved that the client’s ex-husband did not fulfill the fiduciary duty that he owed to the client and his then-wife.
Not only did Attorney Ochoa prove this non-disclosure, she also proved that the client had been materially affected by the original property division and that the client would materially benefit from the court setting aside the judgment according to court documents. The result was that Attorney Ochoa successfully represented the client in setting aside the property division orders so that the client could rightfully claim her community interest in her ex-husband’s pension, even though 10 years had elapsed since the client and her ex-husband had divorced.
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About Wallin & Klarich
As a premier criminal defense and family law firm based in California, Wallin and Klarich ( http://www.WKLaw.com and http://www.WKFamilyLaw.com) has been assisting clients from across the country for over thirty years. The firm believes that every person is entitled to the highest quality legal assistance when it comes to facing difficult situations and has committed all of its resources to aggressively defending its clients. The firm has established itself as one of the most successful in the nation when it comes to defending against charges of DUI, criminal matters and sex crimes, and is acknowledged for successfully handling divorce and child custody cases. By making certain that our clients’ legal rights are always protected, we take the “fear” out of the legal fight.
Wallin & Klarich: A Law Corporation
17592 Irvine Blvd.
Tustin, CA 92780