Friday, February 29, 2008

Alternative to Court: Collaborative Law

Collaborative law is a new form of alternative dispute resolution that is being used to resolve family-law cases. It is, quite simply, a collaboration between both of the parties in a divorce case, their attorneys, and whatever other professionals they may need to settle their differences without going to court. In order to participate in a collaborative-law setting, both parties and both of their attorneys must agree not to fight in court. If either party does go to court, then the collaborative process ends, both of the parties' attorneys must resign, and each party has to find a new lawyer and start all over again...

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For more information on the collaborative law process, contact the Law Offices of Renee M. Marcelle at (415) 456-4444, or online at www.familylawmarin.com

Monday, February 25, 2008

Choosing A Divorce Mediator

Finding and selecting a mediator can be easier if you follow some simple steps. In the best of circumstances, divorce is an uncomfortable process. Take the time to assure you have a mediator whom you like, respect and believe to be qualified to help both of you negotiate that equitable settlement...

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For more information, please contact the Law Offices of Renee M. Marcell at (415) 456-4444, or online at www.familylawmarin.com

Friday, February 22, 2008

Why Collaborative Law?

The most profound development in the legal profession since the Pound Conference convened in the early 70's and pointed the way to alternative methods of dispute resolution (ADR), is the rapidly growing field collaborative law or collaborative negotiation. So new is this development, that it there is no agreed-upon nomenclature to describe it. As we will discuss it in this article, collaborative law refers to an approach to dispute resolution in which the parties are represented by counsel of their own choosing, however the attorneys are chosen because they belong to an identified group or association and have made a commitment to represent their clients in reaching a settlement without resorting to any form of litigation or any adjudicatory procedure...

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For more information regarding collaborative law, contact the Law Offices of Renee M. Marcelle at (415) 456-4444, or online at www.familylawmarin.com

Monday, February 18, 2008

What Is Discovery?

"Discovery" is what makes real-life practice of law different from television dramas. Nothing in the law happens suddenly, and very little happens by surprise. Your lawyer has the right to ask your spouse about everything related to the case. That means just about everything in the area of finances and issues related to custody of your children. Included in discovery are subpoenas, interrogatories, requests for production of documents, and depositions...

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For more information, contact the Law Offices of Renee M. Marcelle at (415) 456-4444, or online at www.familylawmarin.com

Friday, February 15, 2008

Unreported Income and Hidden Assets

Unreported income and hidden assets are often alleged in divorce proceedings, with the spouse who is not running the business claiming that unreported income should increase both the spousal support award and the valuation of the family business. In civil litigation, it is often a partner or shareholder that is alleging that someone in his business is hiding income. The process of finding and proving unreported income or hidden assets is often one of the most difficult assignments of a forensic professional, and the costs must be weighed carefully against the potential benefits. However, in some cases, the process is much easier than one might think, as the following case histories illustrate...

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For more information, contact the Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/

Unreported Income and Hidden Assets

Unreported income and hidden assets are often alleged in divorce proceedings, with the spouse who is not running the business claiming that unreported income should increase both the spousal support award and the valuation of the family business. In civil litigation, it is often a partner or shareholder that is alleging that someone in his business is hiding income. The process of finding and proving unreported income or hidden assets is often one of the most difficult assignments of a forensic professional, and the costs must be weighed carefully against the potential benefits. However, in some cases, the process is much easier than one might think, as the following case histories illustrate...

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For more information, contact the Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/

Monday, February 11, 2008

If Your Thinking About Divorce...

A little pre-divorce financial planning can go a long way towards making the divorce itself run more smoothly as well as providing you with additional protection. Doing your own homework can also save you money in legal fees. Here are some tips that you might want to download and keep handy...

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For more divorce information, contact the Law Offices of Renee M. Marcelle at (415) 456-4444, or online at www.familylawmarin.com

Children and Divorce

My wife and I are contemplating divorce. We have arrived at this decision through the help of a marriage counselor, and have had our first consultation with a divorce attorney. We have a preschooler, and two children in middle school. We would like your advice on how to prepare our children for the family breakup. How should we tell them, and how much? How will we be able to tell if they're having trouble dealing with the change?

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For more information, contact the Law Offices of Renee M. Marcelle at (415) 456-4444, or online at www.familylawmarin.com

Friday, February 8, 2008

Disobeying Court Orders Leads to More Trouble

I'm sure we can all agree that people do foolish things. One of the most foolish is to disobey a court order, partic-ularly in a domestic relations court where matters of custody and family support are concerned. And compounding the foolishness are the attemps of attorneys who try to rationalize their clients' disobedience.Both clients and attorneys often rely on the same two excuses to try to justify disregarding court orders. They are (1) the other side did it first and (2) the court's order was based on dishonest or incorrect information.

Neither of those excuses works...

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To find out more information, please contact the Law Offices of Renee M. Marcelle at (415) 456-4444, or online at www.familylawmarin.com

Replacing Custody Battles With Parenting Plans

Children need both parents. Except in cases where one parent is abusive or unable to provide proper care and supervision, children benefit when both Mom and Dad play major roles in their lives. Mediation helps parents figure out how to manage child care under a totally new set of circumstances...

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For more information on child custody issues, contact the Law Offices of Renee M. Marcelle at (415) 456-4444, or online at www.familylawmarin.com

Monday, February 4, 2008

Divorce Tips: Alimony

There are a lot of people out there who believe that with every divorce there comes spousal support, otherwise known as alimony. And I will be the first to admit that before researching it and going through a divorce myself, I thought the same thing. But I found out very quickly that wasn't necessarily the case. There are some situations where you can expect to pay alimony regardless of what you try to do, but there are also cases where there will be no alimony awarded or at least it will be very short lived...

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For more information regarding alimony ans spousal support, contact the Law Offices of Renee M. Marcelle at (415) 456-4444, or online at www.familylawmarin.com

Friday, February 1, 2008

Will the Judge Consider a Child's Preference in a Custody Matter?

There is no specific age when a child can decide where he/she will live; it depends on the age and maturity of the child and the circumstances of the case. The court can consider the child’s preference if it finds that the child is old enough and sufficiently mature to reason so that the child can form an intelligent preference as to custody...

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To learn more about child custody matters, contact the Law Offices of Renee M. Marcelle at (415)456-4444, or online at http://www.familylawmarin.com/

What Factors Are Considered in Child Custody Cases?

The California Family Code states that children should have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship. In addition, it is the policy of the state to encourage parents to share the rights and responsibilities of child rearing. All court orders for child custody must be designed to further these goals...

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To obtain more information regarding child custody cases, contact the Law Offices of Renee M. Marcelle at (415) 456-4444 or online at www.familylawmarin.com