Friday, January 29, 2010

DIVORCE - DON'T BE AFRAID OF DINING ALONE

In a restaurant full of couples or large groups having a great time, it can be intimidating to eat by yourself. It’s easy to think your first course will be a big, steaming bowl of self-consciousness. But there is plenty you can do, making dining out by yourself a little easier.

The first thing to realize is that neither the wait staff or fellow diners will bat an eye at a solo diner. Single dining happens all the time. However, if you still feel trepidation at the sight of that empty seat across from you, here are some things that should make you feel more comfortable:

• Eat at a hotel restaurant. Besides having some of the best food, hotel restaurants usually have plenty of business travelers eating alone. You won’t feel out of place.
By G. Hart, Flying Solo -- To see this article in it's entirety, click here


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




--

DIVORCE AND REGISTRY

Your wife took the tool box. Your husband took the crystal. Now what do you do? Register!

Registries are the norm for brides and grooms-to-be…but what about divorcees? The idea is gaining momentum, and not for mercenary reasons. Divorce is painful. A bad marriage can make you feel dead inside. Even an amicable divorce leaves you with a sense of loss. Rebuilding your home is a way back to rebuilding your heart.

Many friends and relatives want to help. You should let them. Let them know about divorce parties and the registry. Written by Divorcecandy.com.

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




--

Thursday, January 28, 2010

Divorce and Its effects on Children

This is what a Divorce Attorney says about the process of Divorce and its effects it has on the children involved.

Divorce is a very difficult time of life and it is not one that many would opt to experience. Most people who have been through the divorcing process will readily acknowledge that it is stressful, expensive and often, emotionally painful. Divorce is often filled with conflict, uncertainty and change.

An added source of stress for people getting divorced is the presence of children. Thus in addition to dealing with their own distress, parents are faced with the upset that their children experience as well. Because no two children or situations are alike, their reactions to their parents' divorce varies. Much depends on children's ages, temperaments and personal circumstances. However, the greatest influence on children's adaptation to divorce is their parents' conduct and attitude. Children are very responsive and reactive to the level of conflict that exists between their parents.

To read this article in its entirety, click here.



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




--

THE GOOD DIVORCE

When Max Sindell was a kid, adults inundated him with books about how to cope with divorce. He remembers one: "The Dinosaurs Divorce," about Mommy and Daddy Dinosaur ending their marriage.

"The (books) were all doom and gloom," says Sindell, whose parents - Kimberly Brody and Gerald Sindell, both of Tiburon - divorced when he was 6.

But Max Sindell, now 22, says his experience wasn't bad at all. He got a lot of good things from the divorce.

To prove it and to help other kids in his shoes, Sindell, now a resident of Brooklyn, has written a book, "The Bright Side: Surviving Your Parents Divorce."

"It's kind of a guidebook," he says.

Sindell grew up in Tiburon, attending Bel Air and Del Mar and two years at Redwood High School. He began his book when he was 17, graduating from Interlochen Arts Academy in Michigan, where he studied writing. He perfected it over the next several years while attending Johns Hopkins University in Baltimore.

Suddenly, he's a published author with several more books on his agenda, all dealing with the divorce experience: how do you cope when your parents start dating, how should you deal with stepbrothers and sisters, what should a stepmother do?

Marin IJ, By Beth Ashley: To view the remainder of this article, click here

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




--

DIVORCE AND DOMESTIC PARTNERSHIP - REQUIREMENTS TO BE A DOMESTIC PARTNER

Both persons must file a Declaration of Domestic Partnership with the Secretary of State
Both persons must have a common residence
Neither can be married to another or be a domestic partner with another, which marriage or partnership has not been terminated, dissolved, or adjudged a nullity
The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
Both persons are at least 18 years of age
Either:
both persons are members of the same sex, or
one or both of the persons meet the eligibility criteria under Title II of the SSA as defined in 42 USC Section 402(a) for old-age insurance benefits or Title XVI of the SSA as defined in 42 USC Section 1381 for aged individuals.
Both persons are capable of consenting to the domestic partnership.



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




--

Wednesday, January 27, 2010

DISSOLUTION OF MARRIAGE AND COMMUNITY PROPERTY

When a marriage contract is formed, the phrase "the two shall become one" has not only romantic connotations but legal ones as well. After a couple marries, all employment income, real property purchased and other assets acquired during the course of the marriage becomes joint or community property. Similarly, all financial liabilities incurred are the responsibility of both spouses--not just the spouse who incurred the debt. When a marriage is dissolved, a court of law will divide community assets and liabilities in a manner it deems equitable.

For more information please contact the Law Offices of RENEE MARCELLE, 415-456-4444 or visit us online at familylawmarin.com.




--

DATE OF SEPARATION

The economic consequences relating to the determination of the date of separation can be significant. It is on this date that the entity known as the "community estate" is terminated and the spouses stop acquiring community property. The date of separation, however, has no impact on the parties' respective interest in previously acquired community property. All income earned after the date of separation is the separate property of the spouse who earned the income. Similarly, all debts and obligations accumulated following the date of separation are the separate obligations of the spouse who incurred the debts. All property rights, including those related to retirement benefits accruing after separation, are the separate property of the spouse acquiring the property. So, given its importance, just what is the "date of separation?"

For further information please contact the Law Offices of RENEE MARCELLE, 415-456-4444 or visit us online at familylawmarin.com.





--

Tuesday, January 26, 2010

Divorce and Children: How “Conciliation Hearings” Can Heal Disagreements

Divorce cases that involve disagreements about children are often described as “difficult”. Emotions run high; at a local level the judiciary may have to fall upon its own judgement when asked to choose one suitable option above others. Bitterness, heartache and large legal bills can result. Is there another way? I think so.

The majority of children cases relate to the practical arrangements of what happens to their children following the breakdown of a marriage or parental relationship. As Head of the Children’s Department at Stowe Family Law, I have been involved in a number of cases in which one or both parents have asked the court to intervene. Sometimes there are issues that concern child protection; other cases feature styles of parenting that are no longer considered acceptable after a relationship’s failure. The majority of cases concern the practical arrangements and the frequency and duration of the time each parent spends with the children. It is this latter category that has caused me growing concern over the past few years.

The pressures under which the local judiciary operates have not helped. A case scheduled for its first, second or even third appearance may only be listed for a quarter of an hour. Judges are asked to make rigorous, reasoned decisions quickly – and yet some of these cases feature complexities that stretch back years. There may not be time to facilitate a fragile agreement when everyone feels so rushed.

The other difficulty is that too much pressure is placed on parents to sort out their own problems. In some cases, this is simply too much to ask.

My solution?


Conciliation hearings

Conciliation hearings have made regular appearances in the London courts for several years now. I am delighted that a conciliation hearing scheme is now up and running in Leeds, where a number of our clients are based, and also hope that the scheme will be extended to Manchester so that our north west clients can benefit too.

To read this article in its entirety, click here.

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




--

California Divorce Case May Change Rules on Financial Discovery

CALIFORNIA -- A 2007 appellate divorce case has brought recent light to the subject of full financial disclosure in California divorce law.
In In re Marriage of Feldman, a businessman did not disclose certain assets and financial transactions to his wife, although she repeatedly requested the information. Among the information Feldman wouldn't reveal was the formation of several new companies. Mrs. Feldman had learned about her husband's undisclosed assets before the divorce trial and provided her own investigation into the discovery.

Feldman claimed that his lack of disclosure was not intentional and that the secret assets were of small value compared to the whole of the estate. However, the California Court of Appeals rejected these arguments, stating that a divorcing spouse has a duty to disclose everything, which is mandatory until all assets are divided, and that such refusal to do so is not acceptable. According to the Court, Feldman was obliged to disclose all material information in writing, continue to supplement the discovery, and disclose material info before any new project began.

In the end, even though the hidden assets and transactions had not economically damaged Mrs. Feldman in any way, the trial court decided that Feldman should pay his wife $250,000 in sanctions for his failure to comply with the requested disclosure -- as well as another $140,000 in her attorney fees. The court ordered the sanctions under the sections of the TX Family Law Code related to fiduciary duty.

The moral seems to be that hiding important financial information from your spouse is never a good idea. The consequences of doing so, such as the results of the Feldman case, could be far more costly than simply agreeing to a fair property division.

To view this article in its entirety, click here.

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





--

Don't Rack Up Debt to Get Revenge on Spouse

Surely you can think of better ways to punish a cheating husband than to run up his credit. If it were me, I'd look for something more satisfying and original -- and preferably more humiliating for him -- than running to the mall with his credit card.

Seriously, if you and your husband are still seeing each other, it's not really over. In fact, seeing each other when you're not living together is more intentional than just bumping into each other at the breakfast table every day. Divorce is a lot like bankruptcy -- sometimes it is necessary, but it should always be the last resort. If you're not absolutely sure you want this marriage to be over, I suggest finding a counselor or another wise person to help the two of you sort things out.

If you are determined to run up his credit, however, your legal liability depends on whether your name is on the account and the laws of your state.

If you do not live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin) and you are not a joint account holder, you are generally not legally responsible for your husband's credit account balances. This is true even if you are anauthorized user. (If you're not an authorized user, using his cards could get you in more trouble. Don't do it.)

If you're in a community property state, consult with a legal professional where you live. In some states, the marriage ends for community debt purposes when you no longer live together, whether or not you occasionally see each other. In other community property states, you can be liable for debts that are run up until the divorce is finalized.

To view this article in its entirety, click here.

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





--

Monday, January 25, 2010

Staying Together For the Kids

Last night, one of my best friends called my cell phone twice in one minute -- our signal for distress -- the indication that I needed to pick up the phone right then, even if I was in the middle of dinner. I'd gotten previous distress calls when she found a suspicious lump (the biopsy was, thank goodness, benign) and when her daughter was in an accident. I knew that whatever was coming on the other line wasn't good.

"He is so mean to me," she sobbed into the phone. "It's the same crap year after year after year. I'm at that breaking point where it doesn't seem sane to continue to take it."

Oh boy: I hadn't seen that coming. This is the friend whose marriage sustains my (perhaps delusional) romantic belief in matrimony -- the marriage I point to as evidence that big love, deep connections, and truly equal partnerships are, in fact, possible.

But here she was struggling with the same question I've wrestled with for years: is it better for our kids if we stay in less-than-happy marriages?

Holy cow, is that a big question. And if you've ever seriously asked it, you know it can be an agonizing one. In the coming weeks, I'll be blogging about how I've answered this question for myself.

I know it's tempting to answer the question of whether or not we should stay together for the kids with a simple "yes." As a society we tend to think that kids will do better if parents stay together; that's what our grandparents' generation did, or tried to do. A mediocre marriage is better for kids than no marriage, right? We might believe this at least partly because of a hugely flawed -- but very influential and well-publicized -- study by Judith Wallerstein that "showed" that kids don't notice that their parents are unhappy in a marriage. Wallerstein argued that unless domestic violence is a part of the picture, kids are worse off when parents divorce.

Thinking that an unhappy marriage is better than no marriage -- whether the belief comes from our family or religion or a study like Wallerstein's -- has kept a lot of unhappily married Americans in their marriages. The study, by the way, while embraced by the press and published as a New York Times bestselling book, has been rejected whole-heartedly by social scientists because Wallerstein didn't use a random sample of families that had divorced or stayed married; instead, she looked at a group of divorced people with mental health problems. Her study doesn't meet accepted standards of scientific research, and its findings shouldn't be generalized to families that aren't struggling with the same things for which Wallerstein's tiny sample was being treated (usually histories of mental illness, clinical depression, and suicidal tendencies).

To view this article in its entirety, click here.

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





--

Teens and Divorce

January is rapidly becoming one of the busiest times of the year for divorce lawyers.

Statistics show this is the period when they receive more enquiries from married couples contemplating divorce than at any other time of the year.

Earlier this week, the Parents Advice Centre invited a leading UK psychologist, Dr John Coleman, to address delegates at Malone House, Belfast, with a seminar entitled "The Forgotten Teen - The Impact of Separation and Divorce on Teenagers".

Dr Coleman has spent his life studying adolescence and is published widely on the subject. He is currently a Senior Research Fellow at Oxford University.

Pip Jaffa, Chief Executive of the Parents Advice Centre, explains how important it is for local family support services to consider the impact of separation or divorce on teenagers:

"Separation or divorce is an extremely emotional process and as a result parenting can be affected."

"Adolescents find their teenage years a challenging period, as they deal with education, relationships and temptations to stray into risk-taking behaviour."

"If their parents separate, the teenager has the added stress of coping with the fallout at a time when their own emotions are in a state of flux."


To view this article in its entirety, click here.


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




--

Divorce and Parenting by Guilt

Some parents feel badly about their separation in view of the kids and are reluctant to follow through with expectations or alternately; they try to buy their children’s affection with toys or favors.

These parents may think they are compensating for the child’s distress over the separation, but they are really trying to assuage their own guilt. While the kids may enjoy the shower of gifts and special liberties, this only gives rise to self-righteousness – a sense of entitlement where they think they can have whatever they want and rules don’t apply. Even though parental separation may be distressful, it can be overcome. A developing sense of self-righteousness can lead to selfish, self-centered, out of control children and can last a lifetime.

Parents are well advised to continue parenting on the as if principal. That is to say, they parent as if they were still together – not separated. The same rules, routines, limits and expectations apply; there are no special favors and no purchasing of extra toys and games. If the children are distressed, parents should talk with them and normalize their upset, not let them get away with inappropriate behavior or compensate with inappropriate favors or gifts.

Even if one or other parent appears to not heed this advise, this is no reason for both parents to let go of appropriate parenting. Kids need at least one responsible parent who will teach right from wrong, set limits and routines and won’t spoil the child with a shower of gifts.

If parents are concerned that their child will complain or use the difference to manipulate them to grant favors as the other, these parents must still stand their ground. The solution is not to run down the other parent for spoiling the child, but rather to concentrate on being appropriate parents themselves.

To continue reading this article, click here.

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



--

Divorce and Text Messages

The National Law Journal

The unfaithful, in particular, are paying a high price in divorce court for their salacious text messages. Infidelity, bad parenting or threats -- you name the issue in marital disputes, family law attorneys say, and the evidence can be found in text messages sent over hand-held gadgets.

For more information please contact: The Law Office of Renee Marcelle 415-456-4444 or visit us online at: familylawmarin.com



--

Divorce and Text Messages

The National Law Journal

The unfaithful, in particular, are paying a high price in divorce court for their salacious text messages. Infidelity, bad parenting or threats -- you name the issue in marital disputes, family law attorneys say, and the evidence can be found in text messages sent over hand-held gadgets.

For more information please contact: The Law Office of Renee Marcelle 415-456-4444 or visit us online at: familylawmarin.com



--

Privacy and Social Networking Sites

To protect yourself on social networking sites, you must begin by recognizing that the integrity of your account on any Web site may be compromised. Once something is available online, it is no longer private. Your seemingly private profile may be accessed by any number of people, in many different ways.

Your soon-to-be ex-spouse may know your standard passwords or may be able to answer your security questions. Although few would debate that such invasions of privacy are unacceptable, people sometimes make bad decisions in the midst of divorce. It is best to be prepared for all contingencies, including the possibility that your future ex-spouse will look places he or she should not. Make sure that you are using strong passwords that are difficult to guess, with challenging security questions.

Furthermore, although many social networking sites provide privacy controls, this privacy can be little more than illusory. For example, if everyone in your network is allowed to see your profile, and your network includes a company or a city or a school, your profile may be available to thousands of people you do not know. If you and your soon-to-be ex-spouse are both members of the "San Francisco" network, you may be able to see each other's profiles despite the fact that you have eliminated your direct online connections. When preparing for divorce, check your privacy settings; make sure that you have narrowed the scope of your networks to those people you really want to have access to your profile.

Even if your passwords are secure and your privacy settings are restricted, any person that you provide access to your profile may leak information to your future ex-spouse. Most married couples have friends in common, and these friendships are likely to extend into online social networking services. These mutual friends may share information without understanding the consequences of such disclosures.

For more information please contact the Law Office of Renee Marcelle: 415-456-4444 or visit us online at familylawmarin.com




--

Friday, January 22, 2010

Social Websites Becoming New Tool For Lawyers Seeking Information

The personal information people post on Web sites like MySpace, Facebook and Twitter is becoming a new weapon in the family lawyer's arsenal as more people make connections via social networking services.
Daniel R. Victor, of the Law Offices of Victor and Victor PLLC in Bloomfield Hills, said social networking sites have become a source of evidence in the custody and divorce proceedings his firm specializes in.
He said people are less than cautious about what kinds of information they post on these sites and that can cause problems for them in court.
For example, Victor said, "I was involved in a custody case where the father was accusing the mother of alienating their child from him by getting him to believe her boyfriend was the father. She denied it. We accessed her Facebook page and there were pictures of the child and the boyfriend titled, 'child and father.'"
There have been other custody cases where a parent's claims of propriety and worthiness have been undermined by pictures of him or her drunk and partying - pictures that parent often posted online personally. Access to these pages and their information can be compelled via subpoena, but often that's not required.
"There was a case where a father created a profile built to deceive his wife into thinking he was another friend," he said. "He went so far as to create a fake network of her friends to complete the picture."
He said the man was able to get access to his wife's page and everything posted there through his deception.

To see the remainder of this article please see link.
http://www.allbusiness.com/society-social/families-children-family-law-child/12600152-1.html

For more information please contact the Law Office of Renee Marcelle. Telephone: 415-456-4444 or visit us online at familylawmarin.com

Divorce and Facebook

Interesting article from "Switch":

Besides helping "you connect and share with the people in your life," Facebook, apparently, helps you split up with them, too. That's at least what a recent report in The Telegraph suggests, citing the increasing number of divorce filings that implicate the social networking site. It seems that Facebook and its kin make cheating on spouses easier, more tempting, and, by the same token, more traceable. According to one U.K. law firm, one out of every five of its divorce cases cite Facebook as one of the driving forces behind the split. The incidents seem to run the gamut from the banal (a husband having an illicit online affair) to the outright ridiculous (a woman finding out that her marriage had ended after reading her husband's relationship status update).

We're not sure that there's really a whole lot of blame to put on Facebook in this case. Yeah, the site makes it easier to get in touch with old flames, and sure, it's the most prominent means of "networking" these days. But is it really all that different from getting caught with lipstick on your collar, or even with an SMS card full of naughty text messages? Besides, as the article says, the divorce rate in the U.K. has actually decreased over the past few years. There's no way to really isolate a pure "Facebook effect" one way or the other, so we'll just take a deep sigh, shrug our shoulders, and borrow a line from Facebook's script: "It's complicated." [From: The Telegraph]

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




--

Wednesday, January 20, 2010

Job Loss and Child Support

Parents who have seperated and moved in different directions are sharing the pains of the recession together.

When one parent loses a job and can no longer afford to pay child support, the whole family is affected and this is becoming more and more common. Unemployment's rise to over 10 percent is making it impossible for many parents to make child support payments and has been reflected in a nationwide trend in petitions for reduced payments or requests for modification of child and/or spousal support.

In addition, most people who are currently losing their jobs are unemployed for at least six months. Another trend shows that men have been disproportionally hit by the downturns impact on industries such as manufacturing and construction. This is critical because women are typically the custodial parent and depend on child support from their former husbands to get by.

This is particularily interesting because three years ago before the the economy started to slow, most requests for change in child support were seeking an increase rather than a reduction.

If your financial situation changes and you can't meet your support payments, call your attorney or the state child support agency to start the review process.

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

Friday, January 8, 2010

Deciding on Divorce

Deciding:
Deciding on divorce is a big decision. You should understand that you aren't a bad person just because you think you want a divorce. Your spouse is not automatically a bad person because he/she may be causing you to feel this way (or so you may think), you're just people, plain and simple...

The Mindset You Need To Make This Difficult Decision:
You're reading this for a reason...because you have been thinking about divorce for one reason or another. Being in "limbo" is a horrible feeling because you can't really get rooted if you are in limbo...all you know is that you aren't happy and don't know what to do.

You may feel stuck in a rut or feel like you are wandering aimlessly...

To read the article in its entirety, click here

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