A California divorce is officially called a dissolution of marriage. Under California divorce law, the court declares the matrimonial contract broken. Historically, divorces could only be granted within specific parameters such as adultery and mental cruelty. However since the application of statute no. 2310 in 1970, those limitations have been removed.
Today, a divorce in California is granted on the grounds of "irreconcilable differences." Irreconcilable differences are any grounds that the court determines to be substantial reasons for the marriage not to continue. California was also the first state to implement the concept of a "no-fault divorce." Under this California divorce law, if a married person wishes to divorce, he/she can do so, even if the other person disagrees. Another statute related to irreconcilable differences is statute no. 2334, where if it appears that there is a reasonable possibility of a reconciliation, the court will continue the divorce proceeding for up to 30 days. After the continuance ends, the court may enter a judgment of divorce on the motion of either spouse.
Finally, a marriage may be dissolved on the grounds of incurable insanity under California divorce law -- but only if the husband or wife can prove by competent medical or psychiatric testimony that the insane spouse was incurably insane at the time of the marriage.
To read this article in its entirety, please 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/--
Thursday, August 12, 2010
Stop parental alienation by separating fact from opinion when discussing your ex with the children
When people are in conflict, it is easy to get into the blame game, to feel superior, and see oneself as a victim. Unfortunately, far too many parents lack boundary control. They share their feelings of misery and anger with their children. But when one parent speaks poorly about the other to their child and encourages the child to believe that the target parent is less worthy and less important, Parental Alienation Syndrome (PAS) can occur. For your children, the results can be tragic.
You may think that your ex is the lowest, most vile, bottom dwelling snake in the swamp. But no matter how you feel about ex, you must reach deep into your character and be disciplined enough to behave responsibly and act according to what is best for your child. There is a big difference between fact and opinion. Facts are true. There is evidence or proof of what happened. Opinions are feelings. They're a spin that someone puts on facts. There is no proof that your ex actually is the lowest, most vile bottom dwelling snake in the swamp. This is an opinion. Proof would be something that is documented.
You may be profoundly disappointed that things didn't work out in your marriage. You may feel superior in the situation; nevertheless, this is the person that you chose to be your child's parent. Accept responsibility for that. Take the high road, get a grip, and filter out what is helpful from what is damaging to say to your children. Use discretion in the facts you share with your children. Let your child make up his or her own mind.
Jayne A. Major
To read this article in its entirety, please 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/--
You may think that your ex is the lowest, most vile, bottom dwelling snake in the swamp. But no matter how you feel about ex, you must reach deep into your character and be disciplined enough to behave responsibly and act according to what is best for your child. There is a big difference between fact and opinion. Facts are true. There is evidence or proof of what happened. Opinions are feelings. They're a spin that someone puts on facts. There is no proof that your ex actually is the lowest, most vile bottom dwelling snake in the swamp. This is an opinion. Proof would be something that is documented.
You may be profoundly disappointed that things didn't work out in your marriage. You may feel superior in the situation; nevertheless, this is the person that you chose to be your child's parent. Accept responsibility for that. Take the high road, get a grip, and filter out what is helpful from what is damaging to say to your children. Use discretion in the facts you share with your children. Let your child make up his or her own mind.
Jayne A. Major
To read this article in its entirety, please 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/--
Direct Examination of the Business Evaluation Expert
Skillful, seamless direct examinations are crafted by careful planning and attention to detail. Preparing the direct examination of a business valuation expert requires even more attention to details than most other examinations, as well as some knowledge, if possible, of the audience to whom you are presenting the evidence. How well does the judge comprehend accounting, finance and valuation principles? Where are the weaknesses in the positions being advanced? Upon what areas will your opponent focus the attack? The attorney must consider all of these factors when constructing the expert's examination.
When preparing the direct, consider whether there is any risk associated with your expert's credentials or ability to be accepted as an expert. Has the expert strayed from his or her field of expertise? Such examples may be the business appraiser who offers an opinion on compensation issues; the value of equipment; or even the fair square footage rental rates in a certain community, any or all of which may be outside of that expert's true field of expertise. If the expert is demonstrated to be lacking in the specialized knowledge required to formulate such opinions, you may find your expert's testimony is limited, stricken or excluded.
Joy Feinberg
To read this article in its entirety, please 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/--
When preparing the direct, consider whether there is any risk associated with your expert's credentials or ability to be accepted as an expert. Has the expert strayed from his or her field of expertise? Such examples may be the business appraiser who offers an opinion on compensation issues; the value of equipment; or even the fair square footage rental rates in a certain community, any or all of which may be outside of that expert's true field of expertise. If the expert is demonstrated to be lacking in the specialized knowledge required to formulate such opinions, you may find your expert's testimony is limited, stricken or excluded.
Joy Feinberg
To read this article in its entirety, please 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 Cash Business in Divorce
If you are getting a divorce and your spouse has a closely held business that receives a significant amount of revenues in cash, you should be concerned about cash taken out of the business that is not reported. What can be done to account for this missing income, especially if your spouse is less than co-operative in revealing this information?
Here are some points to think about:
The key is to get a business valuation expert who is experienced with these types of cases, doesn't mind rolling up his/her sleeves, and has experience in forensic accounting. Also keep in mind that the cost of this type of assignment is usually much greater than just a straight-forward business valuation.This means you need to budget for this additional cost, and you need to do a realistic assessment of the cost versus the anticipated benefit.This can sometimes be difficult, as you may not know the extent of the unreported income (if any) until your forensic analysis is well under way. My advice is to plan the investigative process in phases so that you, your attorney and forensic / valuation expert can meet to review the preliminary findings and discuss the direction and extent of future work.
Being involved in your case is very important, especially if you have previously been involved with the business and are familiar with its operations and procedures. Even if you have not been involved in the business operations, it is important for your valuation expert to gain an understanding of how you lived and socialized during the marriage, as this information can be used to determine if the reported income is reasonable. For example, if your spouse alleges that he or she only receives $100,000 per year from the business, but your life style requires $350,000 per year to support, this would raise the possibility of unreported cash income, absent any other sources of funds.
Bruce Richman
To reead this article in its entirety, please 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/--
Here are some points to think about:
The key is to get a business valuation expert who is experienced with these types of cases, doesn't mind rolling up his/her sleeves, and has experience in forensic accounting. Also keep in mind that the cost of this type of assignment is usually much greater than just a straight-forward business valuation.This means you need to budget for this additional cost, and you need to do a realistic assessment of the cost versus the anticipated benefit.This can sometimes be difficult, as you may not know the extent of the unreported income (if any) until your forensic analysis is well under way. My advice is to plan the investigative process in phases so that you, your attorney and forensic / valuation expert can meet to review the preliminary findings and discuss the direction and extent of future work.
Being involved in your case is very important, especially if you have previously been involved with the business and are familiar with its operations and procedures. Even if you have not been involved in the business operations, it is important for your valuation expert to gain an understanding of how you lived and socialized during the marriage, as this information can be used to determine if the reported income is reasonable. For example, if your spouse alleges that he or she only receives $100,000 per year from the business, but your life style requires $350,000 per year to support, this would raise the possibility of unreported cash income, absent any other sources of funds.
Bruce Richman
To reead this article in its entirety, please 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/--
Interest Paid to your Ex is Deductible
When couples divorce, their property is generally split equally between them. But often, the couple has a balance sheet that doesn’t easily divide. If one spouse wants to keep more assets than the other, and has no source of funds to equalize the division, he will give his spouse a promissory for the difference. The note is for the amount of the amount needed to equalize the division of property, and usually provides for payments of principal plus interest at a reasonable rate.
A recent court case clearly has established that the interest paid to the ex-spouse is taxable to her, even though the principal on the note is exempt from tax as a transfer incident to divorce (Gibbs, TC Memo 1997-196). So if the recipient has to pay tax on the interest, the paying spouse should receive a corresponding deduction on his income tax return, right? Not necessarily. Until recently, the IRS has ruled that divorce-related interest is non-deductible personal interest, and has disallowed any deduction for it.
Several court cases have sided with the taxpayer and against the IRS. John Seymour gave his wife Katherine a promissory note for $625,000 in exchange for her interest in their business and marital residence. The note was payable over ten years with 10% interest per year. The note was secured by a mortgage on the residence.
Ginita Wall
To read this article in its entirety, please 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/--
A recent court case clearly has established that the interest paid to the ex-spouse is taxable to her, even though the principal on the note is exempt from tax as a transfer incident to divorce (Gibbs, TC Memo 1997-196). So if the recipient has to pay tax on the interest, the paying spouse should receive a corresponding deduction on his income tax return, right? Not necessarily. Until recently, the IRS has ruled that divorce-related interest is non-deductible personal interest, and has disallowed any deduction for it.
Several court cases have sided with the taxpayer and against the IRS. John Seymour gave his wife Katherine a promissory note for $625,000 in exchange for her interest in their business and marital residence. The note was payable over ten years with 10% interest per year. The note was secured by a mortgage on the residence.
Ginita Wall
To read this article in its entirety, please 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/--
Your Children Are Worth More Under New Tax Laws
Your precious darlings are now worth a bit more to you. Since 1998 you can claim a child tax credit of $400 for each child under 17, increasing to $500 in 1999. The credit applies to your children, grandchildren, step children and foster children.
The credit begins to disappear once you income exceeds $75,000 ($110,000 on a joint return), and it is eliminated when your income exceeds $84,000 ($119,000 on a joint return).
Divorce Planning Tips for the child tax credit:
*
The child tax credit is available only if you claim the exemption for the child. Thus, the exemption is worth $500 a year more as a bargaining chip in divorce negotiations.
*
Divorcing parents should pay special attention to the phase-out rules. If one parent's income is over $75,000, he won't enjoy the full child tax credit. Thus, it may save income taxes to award the exemption to the lower-earning spouse.
here are three new tax-saving schemes for those paying education expenses for themselves or their children.
Educational IRAs. Parents can now contribute up to $500 a year to educational IRAs for children under 18. No deduction allowed for the contribution, but the IRA earnings are tax-free if used for higher education. Contributions for each child are limited to $500 a year, and only parents with income of $95,000 or less ($150,000 on a joint return) may make the full contribution. If both parents qualify, divorced parents will have to agree whether each parent will contribute $250, or one parent will contribute the full $500.
Ginita Wall
To read this article in its entirety, please 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 credit begins to disappear once you income exceeds $75,000 ($110,000 on a joint return), and it is eliminated when your income exceeds $84,000 ($119,000 on a joint return).
Divorce Planning Tips for the child tax credit:
*
The child tax credit is available only if you claim the exemption for the child. Thus, the exemption is worth $500 a year more as a bargaining chip in divorce negotiations.
*
Divorcing parents should pay special attention to the phase-out rules. If one parent's income is over $75,000, he won't enjoy the full child tax credit. Thus, it may save income taxes to award the exemption to the lower-earning spouse.
here are three new tax-saving schemes for those paying education expenses for themselves or their children.
Educational IRAs. Parents can now contribute up to $500 a year to educational IRAs for children under 18. No deduction allowed for the contribution, but the IRA earnings are tax-free if used for higher education. Contributions for each child are limited to $500 a year, and only parents with income of $95,000 or less ($150,000 on a joint return) may make the full contribution. If both parents qualify, divorced parents will have to agree whether each parent will contribute $250, or one parent will contribute the full $500.
Ginita Wall
To read this article in its entirety, please 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/--
IRS Declares Spouses More Innocent Than Before
The innocent spouse rules have been liberalized in new tax legislation, making it easier for spouses to qualify for tax relief. In addition, the legislation allows a spouse to limit her liability on a joint return to her separate liability. This is a boon to separated spouses who continue to file joint returns with their spouses, and it offers greater protection to divorced spouses who face liability for taxes on returns they jointly filed during marriage.
The innocent spouse provisions provide tax relief to a spouse who jointly files with her husband (or vice versa) if there was a tax understatement attributable to her spouse and she did not know about the understatement when she signed the return, nor did she have reason to know of the tax understatement. If she knew there was an understatement but didn’t realize the extent of the understatement, she may be granted partial relief.
Under new Internal Revenue Code Sec. 6015, a spouse can now elect to limit her liability for unpaid taxes on a joint return to her separate liability amount. That amount is the tax on items that would have been allocated to her had she filed a separate return. There’s one catch though – any item of which the spouse had actual knowledge is allocable to both spouses. The good news is that the IRS must prove that she had knowledge of the misstatement or omission that caused the deficiency.
Ginita Wall
To read this article in its entirety, please 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 innocent spouse provisions provide tax relief to a spouse who jointly files with her husband (or vice versa) if there was a tax understatement attributable to her spouse and she did not know about the understatement when she signed the return, nor did she have reason to know of the tax understatement. If she knew there was an understatement but didn’t realize the extent of the understatement, she may be granted partial relief.
Under new Internal Revenue Code Sec. 6015, a spouse can now elect to limit her liability for unpaid taxes on a joint return to her separate liability amount. That amount is the tax on items that would have been allocated to her had she filed a separate return. There’s one catch though – any item of which the spouse had actual knowledge is allocable to both spouses. The good news is that the IRS must prove that she had knowledge of the misstatement or omission that caused the deficiency.
Ginita Wall
To read this article in its entirety, please 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/--
Tuesday, July 27, 2010
Reform for the children's sake
If you have children and are recently divorced, going though a divorce, or even thinking about getting divorced, you need to be aware of a new law that may significantly affect you. Signed into law by President Clinton on August 22, 1996, the Personal Responsibility and Work Opportunity Act contains the most sweeping child support enforcement measures in history -- measures that could, over the next 10 years, increase child support collections by $24-billion.
I was privileged to be present when President Clinton signed this historic bill. Referring to the duty of parents to meet their obligations to their children, he said, "There is no area where we need more personal responsibility than in child support." New requirements and new resources for the program will make it more difficult for parents to evade responsibility for their children.
The magnitude of non-support of children is indicated by recent census bureau data, which revealed that 11.5 million families with children had a parent living out of the home. And of this group, only 6.2 million (54 percent) had awards or agreements for child support. Further, of the total $17.7-billion owed for child support, $5.8-billion was not paid. Among those due support, receipt of payment was inconsistent, with about half receiving the full amount, about a quarter receiving partial payments, and about a quarter receiving nothing.
David Gray Ross
To read this article in its entirety, please 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/--
I was privileged to be present when President Clinton signed this historic bill. Referring to the duty of parents to meet their obligations to their children, he said, "There is no area where we need more personal responsibility than in child support." New requirements and new resources for the program will make it more difficult for parents to evade responsibility for their children.
The magnitude of non-support of children is indicated by recent census bureau data, which revealed that 11.5 million families with children had a parent living out of the home. And of this group, only 6.2 million (54 percent) had awards or agreements for child support. Further, of the total $17.7-billion owed for child support, $5.8-billion was not paid. Among those due support, receipt of payment was inconsistent, with about half receiving the full amount, about a quarter receiving partial payments, and about a quarter receiving nothing.
David Gray Ross
To read this article in its entirety, please 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/--
When your ex won't pay
You read about them every day: so-called "Deadbeat Dads and Moms" who refuse to pay child support even though they're living in the lap of luxury. There they are, jetting off to Hawaii again without a thought for their offspring who go to school hungry and in ragged old clothes. But how accurate is this picture?
"The true 'Deadbeat' parent is quite rare," says Nancy Caruso Pascucci, a Chicago mediator, attorney, and an adjunct professor at the DePaul University College of Law. "If the non-custodial parent can't pay, there's usually a good financial reason for it: he or she has lost a job, agreed to more than he or she could really afford to pay in the settlement, or has remarried and has a new family to support."
Pascucci cites the example of one of her clients who -- before he hired her -- agreed to pay 70% of his net earnings to his ex for child support, and now doesn't have enough to live on. This situation is obviously unfair, but it's part of his legal separation agreement and he has to go back to court to try to get it changed. To avoid getting yourself into such a fix, Pascucci advises you to consult an attorney before signing any documents. "Your attorney can go over the ramifications of an agreement before you sign it," she says, "so you'll know exactly what you're agreeing to."
Diana Shepherd
To read this article in its entirety, please 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 true 'Deadbeat' parent is quite rare," says Nancy Caruso Pascucci, a Chicago mediator, attorney, and an adjunct professor at the DePaul University College of Law. "If the non-custodial parent can't pay, there's usually a good financial reason for it: he or she has lost a job, agreed to more than he or she could really afford to pay in the settlement, or has remarried and has a new family to support."
Pascucci cites the example of one of her clients who -- before he hired her -- agreed to pay 70% of his net earnings to his ex for child support, and now doesn't have enough to live on. This situation is obviously unfair, but it's part of his legal separation agreement and he has to go back to court to try to get it changed. To avoid getting yourself into such a fix, Pascucci advises you to consult an attorney before signing any documents. "Your attorney can go over the ramifications of an agreement before you sign it," she says, "so you'll know exactly what you're agreeing to."
Diana Shepherd
To read this article in its entirety, please 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/--
How Child Support Is Paid
There are several ways child support can be paid, and each method has advantages and disadvantages. One parent can directly pay the other by cash, check, or money order. This person-to-person method is simple and does not require waiting for any processing time by the state. The receiving parent must keep records and track the payments. Enforcement is more difficult and is not as automatic. If you agree to this type of payment, it is wise to include a provision that if payment is missed for a certain number of months, wage garnishment (see below) will be set up automatically.
Wage garnishment is another method of payment. Child support is deducted from the paying spouse's paycheck and sent either to the receiving spouse or to the state Child Support Enforcement Agency. Garnishment requires an extra step of formally notifying the paying parent's employer and setting a court date for the garnishment order. The parent receiving the support must handle all of the paperwork. The employer is legally obligated to withhold the support from the paycheck. The advantage of this method is that payment is made automatically. There are several disadvantages. First of all, the paying parent is likely to find it embarrassing, which might escalate hostilities between you. Second, there are limits to how much can be garnished from wages, so you may not be able to get the entire support amount this way. If your spouse is self-employed, you cannot garnish the wages. You also cannot prevent the paying spouse from quitting his job, which then puts you in the position of having to do more legwork to find the new employer and garnish again.
Brette McWhorter Sember
To read this article in its entirety, please 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/--
Wage garnishment is another method of payment. Child support is deducted from the paying spouse's paycheck and sent either to the receiving spouse or to the state Child Support Enforcement Agency. Garnishment requires an extra step of formally notifying the paying parent's employer and setting a court date for the garnishment order. The parent receiving the support must handle all of the paperwork. The employer is legally obligated to withhold the support from the paycheck. The advantage of this method is that payment is made automatically. There are several disadvantages. First of all, the paying parent is likely to find it embarrassing, which might escalate hostilities between you. Second, there are limits to how much can be garnished from wages, so you may not be able to get the entire support amount this way. If your spouse is self-employed, you cannot garnish the wages. You also cannot prevent the paying spouse from quitting his job, which then puts you in the position of having to do more legwork to find the new employer and garnish again.
Brette McWhorter Sember
To read this article in its entirety, please 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/--
Thursday, July 22, 2010
Using special masters to resolve post-divorce conflicts
This new role, recently introduced in Southern California, provides a useful alternative to other dispute resolution mechanisms for chronically conflicted divorced parents, particularly those who repeatedly look to the courts to resolve relatively minor issues in the family. It is also useful when one or both parents have significant psychopathology, when there are children with special needs. or children who are infants and toddlers in which significant negotiation needs to occur to coordinate parenting of their development. A big impetus to the establishment of this role was provided by a training session given by Dr. Joan Kelly in the fall of 1997, co-sponsored by the Divorce and Family Therapy Specialists, L.A. County Bar Family Law Section, and Cedars-Sinai Hospital. The participants in this seminar were surveyed after the seminar about their opinions and the results of this survey will be described later in this article.
What is a Child Custody Special Master?
It is a hybrid role involving aspects of a mediator, an arbitrator, a parent educator (particularly about developmental psychology), and a child custody evaluator. A Special Master's job is to resolve problems quickly by mediation where appropriate or by making decisions for the family where the parents cannot come to a decision, using quasi-judicial authority stipulated to by the parents in advance. Sometimes, the Special Master will focus the parents on their children's needs and educate them about developmental and psychological issues. The Special Master may issue written or oral decisions: a summer schedule might be written whereas the resolution of a weekend crisis by telephone may be done orally. Special Masters can be either mental health professionals or attorneys but, most importantly, they must be knowledgeable and have relevant experience.
Angus Strachan
To read this article in its entirety, please 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/--
What is a Child Custody Special Master?
It is a hybrid role involving aspects of a mediator, an arbitrator, a parent educator (particularly about developmental psychology), and a child custody evaluator. A Special Master's job is to resolve problems quickly by mediation where appropriate or by making decisions for the family where the parents cannot come to a decision, using quasi-judicial authority stipulated to by the parents in advance. Sometimes, the Special Master will focus the parents on their children's needs and educate them about developmental and psychological issues. The Special Master may issue written or oral decisions: a summer schedule might be written whereas the resolution of a weekend crisis by telephone may be done orally. Special Masters can be either mental health professionals or attorneys but, most importantly, they must be knowledgeable and have relevant experience.
Angus Strachan
To read this article in its entirety, please 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/--
Who Decides: You or the Judge?
You and your spouse should be able to resolve the issues of custody and visitation privately or through mediation or collaborative programs. But if you can't reach an agreement on your own or through one of these resources, the only alternative is to have a judge make the decisions for you.
The judge is given one test to apply: What is in the best interest of the child? The best interests of the parents are irrelevant.
Take the case of a mother who has primary custody of a child and plans to remarry a man who lives 1,000 miles away. She wants to take the child and move to be with her new husband. The child's father protests that his weekend visits with the child would be impossible. If the move is allowed, the child will have to change schools, lose friends, and see the father only irregularly. Situations like this have become more frequent in recent years as our society becomes more mobile and employers transfer their employees around the world.
I have decided many cases with similar themes, some for the parent who moved, some for the stay-at-home parent. In one case in which I denied a move similar to the situation described above, the mother canceled the wedding to avoid losing substantial time with her child.
Be aware that when you take child issues to court, you are turning over complete control of major elements of their future to a judge who doesn't know you or your children. In most cases, the judge has had little or no training in child development or psychology.
Judge Roderic Duncan
To read this article in its entirety, please 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 judge is given one test to apply: What is in the best interest of the child? The best interests of the parents are irrelevant.
Take the case of a mother who has primary custody of a child and plans to remarry a man who lives 1,000 miles away. She wants to take the child and move to be with her new husband. The child's father protests that his weekend visits with the child would be impossible. If the move is allowed, the child will have to change schools, lose friends, and see the father only irregularly. Situations like this have become more frequent in recent years as our society becomes more mobile and employers transfer their employees around the world.
I have decided many cases with similar themes, some for the parent who moved, some for the stay-at-home parent. In one case in which I denied a move similar to the situation described above, the mother canceled the wedding to avoid losing substantial time with her child.
Be aware that when you take child issues to court, you are turning over complete control of major elements of their future to a judge who doesn't know you or your children. In most cases, the judge has had little or no training in child development or psychology.
Judge Roderic Duncan
To read this article in its entirety, please 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/--
Mediation Combination
Mediators can also be attorneys, therapists, or even accountants. Which combination is right for you?
You may have heard about some of the possible benefits of mediation: it can be easier on the kids and the pocket book, reduces conflict, is faster than bitter litigation, teaches more effective communication and parenting, creates more control of the process, and encourages self-generated solutions. But did you know that two mediators can be different as apples and avocados -- that their professional training and experience as well as personal style and beliefs can make them just-right or all-wrong for you? In general, most mediators have professional training and accreditation in either legal or therapeutic areas: lawyers, therapists, social workers, and clergy. Mediators with financial training -- such as accountants or financial planners -- are also becoming more common.
Here are a few examples of the possible combinations:
Attorney-Mediator: Choosing a mediator who is also an attorney or who has a legal background can be very beneficial in divorce cases. "An attorney would be able to advise clients about the law and what would happen if they went to court," says Genell Greenberg, an attorney-mediator practicing in San Diego. "In mediation, he or she is in a situation to guide the parties into equally informed decisions. Most people need to know what their legal rights are, and they should be knowledgeable about what would happen in certain situations. Whether or not they choose to do what the law provides is up to them, but they at least will have that information."
Diana Shepherd
To read this article in its entirety, please 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/--
You may have heard about some of the possible benefits of mediation: it can be easier on the kids and the pocket book, reduces conflict, is faster than bitter litigation, teaches more effective communication and parenting, creates more control of the process, and encourages self-generated solutions. But did you know that two mediators can be different as apples and avocados -- that their professional training and experience as well as personal style and beliefs can make them just-right or all-wrong for you? In general, most mediators have professional training and accreditation in either legal or therapeutic areas: lawyers, therapists, social workers, and clergy. Mediators with financial training -- such as accountants or financial planners -- are also becoming more common.
Here are a few examples of the possible combinations:
Attorney-Mediator: Choosing a mediator who is also an attorney or who has a legal background can be very beneficial in divorce cases. "An attorney would be able to advise clients about the law and what would happen if they went to court," says Genell Greenberg, an attorney-mediator practicing in San Diego. "In mediation, he or she is in a situation to guide the parties into equally informed decisions. Most people need to know what their legal rights are, and they should be knowledgeable about what would happen in certain situations. Whether or not they choose to do what the law provides is up to them, but they at least will have that information."
Diana Shepherd
To read this article in its entirety, please 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/--
What to Expect at a Deposition
Most people getting divorced never had a deposition taken before. There is not enough room here to adequately describe how one should handle oneself at a deposition. However, I thought it might be helpful to just list some of the areas of questions that you might be asked in any particular case. These are only for purposes of illustration.
You should definitely -- well in advance of your deposition -- meet with your lawyer and ask what kinds of questions you will be asked. It will, of course, be impossible for your lawyer to adequately predict all of the questions, or even all of the areas, although the more experience such a lawyer has in the field, the better he or she can answer you.
•State your name and address.
•List all residences since this suit was filed.
•Date of birth.
•Are you the respondent in this case?
•Do you understand the oath you just took? You understand you must tell the truth?
•Are you currently under any medication that would affect your ability to answer my questions?
•Are you in good health?
•With whom do you reside?
Paul L. Feinstein, Esq.
To read this article in its entirety, please 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/--
You should definitely -- well in advance of your deposition -- meet with your lawyer and ask what kinds of questions you will be asked. It will, of course, be impossible for your lawyer to adequately predict all of the questions, or even all of the areas, although the more experience such a lawyer has in the field, the better he or she can answer you.
•State your name and address.
•List all residences since this suit was filed.
•Date of birth.
•Are you the respondent in this case?
•Do you understand the oath you just took? You understand you must tell the truth?
•Are you currently under any medication that would affect your ability to answer my questions?
•Are you in good health?
•With whom do you reside?
Paul L. Feinstein, Esq.
To read this article in its entirety, please 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/--
Contemplating Divorce
Contemplating divorce, or going through a divorce, is one of life's most stressful events. Unfortunately, more than one-half of married couples will experience it. Due to the high rates of divorce, almost everyone going through it knows someone who has been divorced.
If you're in this situation, you might be tempted to ask friends, relatives, co-workers and others for advice and information -- but don't. Ask for comfort and support from this group, and get legal advice from your attorney.
A divorce case is complex. Clients often feel anxious because they don't have answers to many of their questions. Even though your case and a friend's divorce may appear similar, they're likely different.
Family law cases are fact driven. Differences in the facts of one case and another will lead to different legal strategies and results. That's why the best person to seek legal advice from is your attorney.
Michael C. Craven
To read this article in its entirety, please 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/--
If you're in this situation, you might be tempted to ask friends, relatives, co-workers and others for advice and information -- but don't. Ask for comfort and support from this group, and get legal advice from your attorney.
A divorce case is complex. Clients often feel anxious because they don't have answers to many of their questions. Even though your case and a friend's divorce may appear similar, they're likely different.
Family law cases are fact driven. Differences in the facts of one case and another will lead to different legal strategies and results. That's why the best person to seek legal advice from is your attorney.
Michael C. Craven
To read this article in its entirety, please 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/--
In Divorce, Timing Is Everything
On March 18, 2010, shortly after divorcing his wife of 16 years Kevin Halstead won $3.8 million in the lottery. Halstead, a London bus driver, told the Daily Mail: "We divorced three months ago and split up about 13 years ago but we stayed friends - we did not get a divorce back then for the sake of our Jessica."
Since the Halstead's divorce was final prior to Halstead's windfall, here are some questions that may arise. The answers to these questions will depend on how carefully Kevin's lawyers prepared his divorce agreement.
•Will the ex-wife fight for some of the winnings?
•Is Kevin's windfall a basis for the ex-wife to increase her settlement?
•Will Kevin have to pay alimony?
•Will she try to remarry him?
Incidents like this demonstrate why details matter so much in divorce agreements. According to Illinois law, the winnings would be Kevin's sole property since they were won after the divorce. However, had the Halsteads stayed separated and never divorced, the wife would be entitled to share in the winnings. If he purchased the ticket before the divorce was final but cashed it in after the divorce, the answer would be different.
To read this article in its entirety, kindly 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/--
Since the Halstead's divorce was final prior to Halstead's windfall, here are some questions that may arise. The answers to these questions will depend on how carefully Kevin's lawyers prepared his divorce agreement.
•Will the ex-wife fight for some of the winnings?
•Is Kevin's windfall a basis for the ex-wife to increase her settlement?
•Will Kevin have to pay alimony?
•Will she try to remarry him?
Incidents like this demonstrate why details matter so much in divorce agreements. According to Illinois law, the winnings would be Kevin's sole property since they were won after the divorce. However, had the Halsteads stayed separated and never divorced, the wife would be entitled to share in the winnings. If he purchased the ticket before the divorce was final but cashed it in after the divorce, the answer would be different.
To read this article in its entirety, kindly 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/--
Tuesday, July 20, 2010
Forgive him... for now
I am deeply sorry that I did not live up to my expectations," a seemingly regretful Eliot Spitzer said as he resigned the office of Governor of New York. As with any man caught with his pants down, there is always remorse, deep regret, and the inevitable begging for forgiveness.
Whether your spouse spent thousands on a high-priced call-girl (or call-boy) or had your simple run-of-the-mill affair, he broke his vow of marriage to you, so you'll want a divorce, now. Right?
Not so fast.
Regardless of how horrible his actions were, if you overreact, he may lash out in kind. That sad puppy can change instantly into an attack dog. He's hoping for forgiveness, so he's likely to act out if he feels he's being punished or chastised. Despite his feelings of guilt, demanding a divorce may force him to deceive you, withhold money and important financial information, make threats, or refuse to negotiate. He's desperate and will do anything to regain control.
I'm not suggesting you embrace your man with hugs and kisses. Rather, I suggest you remain aloof: appear to need time to heal. Then, once you are sure that divorce is the right path to take, remember the Girl Scout credo: "Always be prepared." In short, make a plan. Then keep it to yourself.
To read this article in its entirety, please 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/--
Whether your spouse spent thousands on a high-priced call-girl (or call-boy) or had your simple run-of-the-mill affair, he broke his vow of marriage to you, so you'll want a divorce, now. Right?
Not so fast.
Regardless of how horrible his actions were, if you overreact, he may lash out in kind. That sad puppy can change instantly into an attack dog. He's hoping for forgiveness, so he's likely to act out if he feels he's being punished or chastised. Despite his feelings of guilt, demanding a divorce may force him to deceive you, withhold money and important financial information, make threats, or refuse to negotiate. He's desperate and will do anything to regain control.
I'm not suggesting you embrace your man with hugs and kisses. Rather, I suggest you remain aloof: appear to need time to heal. Then, once you are sure that divorce is the right path to take, remember the Girl Scout credo: "Always be prepared." In short, make a plan. Then keep it to yourself.
To read this article in its entirety, please 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/--
Health/Well Being Article
Many of us bristle when we hear "conflict." Some people thrive on it, but most of us take detours to avoid it. Why do we do this? If we had techniques to help us deal with conflict, perhaps we'd be better equipped to compromise while being true to our position.
One of my clients is dealing with a difficult situation and struggling to find a way to resolve the conflict within her before it destroys her marriage. Lilly is a hard-driving attorney with a successful practice. Her husband, David, is an equally successful writer who is struggling to find his voice. He is a little burned out, and he's decided that he needs to take some time to regenerate. In his fantasy world, Lilly would take time out from her career, and together, they would find some time to enjoy life again.
Unfortunately, Lilly isn't on David's time frame. She's at a crucial point in her career, and she believes that it is very important to stay on track. She understands David's need to recharge, and she has given him permission to take a time out. The problem is that David is beginning to feel hurt because Lilly works at least 12 hours a day. He's tried to be rational, but it hasn't worked. He resents Lilly for paying attention to her career, and, in his mind, deserting their relationship for the sake of her profession.
Lilly senses David's resentment, and she is beginning to feel the stress of trying to appease him while continuing to manage her overloaded work schedule.
To read this artlce in its entirety, please 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/--
One of my clients is dealing with a difficult situation and struggling to find a way to resolve the conflict within her before it destroys her marriage. Lilly is a hard-driving attorney with a successful practice. Her husband, David, is an equally successful writer who is struggling to find his voice. He is a little burned out, and he's decided that he needs to take some time to regenerate. In his fantasy world, Lilly would take time out from her career, and together, they would find some time to enjoy life again.
Unfortunately, Lilly isn't on David's time frame. She's at a crucial point in her career, and she believes that it is very important to stay on track. She understands David's need to recharge, and she has given him permission to take a time out. The problem is that David is beginning to feel hurt because Lilly works at least 12 hours a day. He's tried to be rational, but it hasn't worked. He resents Lilly for paying attention to her career, and, in his mind, deserting their relationship for the sake of her profession.
Lilly senses David's resentment, and she is beginning to feel the stress of trying to appease him while continuing to manage her overloaded work schedule.
To read this artlce in its entirety, please 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/--
How to Handle Your Emotions during Divorce
Divorce brings out the lunatic within us. Rage, anger, depression, sadness, resentment, and blame are just some of negative emotions running the show. Your emotional state is hard to pin down from one moment to the next. This is not the best state of mind to be in when you are being called upon to handle so many things and make so many very important choices and decisions. We need to tame the gremlin (that negative mind chatter within), learn to be less reactive, and be more in control of our emotional state in order to effectively handle our divorce. The good news is that there are many tools and skills you can access to help you through this difficult life transition.
Learn to recognize your "danger zone". Your danger zone is that place where you are prone to reactive behavior and emotional upsets. Once you begin really tuning into your body's cues, you will recognize this place and can take action to not go there. I am alerted to my danger zone when my stomach tightens, my heart races, my neck tenses, and my breathing becomes shallow. There is a fluttering sensation throughout my body. I know I am becoming emotionally reactive and I may soon say or do things that I will regret. I know that if I allow my emotions to take over and go reactive in my response to the situation, I will not be making any conscious decisions as to my actions. Trouble is around the corner!
To read this article in its entirety, please 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/--
Learn to recognize your "danger zone". Your danger zone is that place where you are prone to reactive behavior and emotional upsets. Once you begin really tuning into your body's cues, you will recognize this place and can take action to not go there. I am alerted to my danger zone when my stomach tightens, my heart races, my neck tenses, and my breathing becomes shallow. There is a fluttering sensation throughout my body. I know I am becoming emotionally reactive and I may soon say or do things that I will regret. I know that if I allow my emotions to take over and go reactive in my response to the situation, I will not be making any conscious decisions as to my actions. Trouble is around the corner!
To read this article in its entirety, please 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/--
Meditate away your stress
The practice of meditation offers peace, serenity, and calm -- a welcome respite from the turbulent emotions of divorce.
How do you beat divorce-related-stress? Many people try "treat" behaviors: smoking, drinking, taking drugs (prescription or "recreational"), eating a carton of chocolate ice-cream -- whatever gives them feelings of pleasure and well-being. Unfortunately, all of these are band-aid solutions: they temporarily ameliorate some of the symptoms without addressing the root of the problem.
Here's a better solution: consider practicing meditation on a regular basis (daily is best). Anyone can practice meditation; you don't have to be on a path to spiritual enlightenment or have any religious beliefs. "Thinking you're unable to meditate is a little like thinking you are unable to breathe, or to concentrate or relax," notes scientist, writer, and meditation teacher Jon Kabat-Zinn, Ph.D. in Everywhere You Go, There You Are. "Pretty much everybody can breathe easily. And under the right circumstances, pretty much anybody can concentrate, anybody can relax."
There are as many types of meditation as there are colors in a rainbow. You can meditate while seated, standing, lying down, dancing, singing, eyes open or shut, listening to music, brushing your teeth, eating -- the list goes on.
To read this article in its entirety, please 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/--
How do you beat divorce-related-stress? Many people try "treat" behaviors: smoking, drinking, taking drugs (prescription or "recreational"), eating a carton of chocolate ice-cream -- whatever gives them feelings of pleasure and well-being. Unfortunately, all of these are band-aid solutions: they temporarily ameliorate some of the symptoms without addressing the root of the problem.
Here's a better solution: consider practicing meditation on a regular basis (daily is best). Anyone can practice meditation; you don't have to be on a path to spiritual enlightenment or have any religious beliefs. "Thinking you're unable to meditate is a little like thinking you are unable to breathe, or to concentrate or relax," notes scientist, writer, and meditation teacher Jon Kabat-Zinn, Ph.D. in Everywhere You Go, There You Are. "Pretty much everybody can breathe easily. And under the right circumstances, pretty much anybody can concentrate, anybody can relax."
There are as many types of meditation as there are colors in a rainbow. You can meditate while seated, standing, lying down, dancing, singing, eyes open or shut, listening to music, brushing your teeth, eating -- the list goes on.
To read this article in its entirety, please 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/--
Subscribe to:
Posts (Atom)
