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Showing posts from 2015
                            FIVE COMMON QUESTIONS REGARDING MEDIATION Who mediates?   I usually recommend and utilize the services of a retired Judge or a Certified Family Law Specialist.  An experienced mediator can provide insight to a difficult client and help predict a possible outcome. How much does it cost?   Hiring a mediator is definitely not cheap.  It can range from $350- $500 per hour.  These individuals usually require a 4 to 5 hour retainer deposit.  Trust me, in the long run this is NOTHING.  Remember my example from the above paragraph?  Yes, the hearing that's been continued for 2 years.  My client has spent nearly $15,000.00 associated with my preparation and multiple appearances. What are the practical benefits?     You can settle your entire case in a single sit down .  This will not only save you money but an endless barrage of court appearances. You are protected by various statutory provisions regarding confidentiality .  What you say in media
            5 DO'S & DONT'S IN CUSTODY CASES                                                                        DO'S 1.   Document all communications with the other parent. * Use communication tools like the Our Family Wizard website. 2.  Make child focused decisions. * Stay away from what is best for YOU.  Focus on what's best for the child. 3.  Always be on time for pick ups and drop offs. 4.  Be generous with support payments. * Remember a court order for child support is the bare minimum for support. 5.  Be responsive regarding child care issues. * This is especially true when dealing with an opposing party who may be overly concerned.  Don't give them a reason to drag you into court.                                                                        DONT'S 1.  Never make disparaging comments about the other parent. 2.  Never discuss your matter on social media. * Stay away from Facebook updates or Instagram posts about your
                  THE TEN YEAR "RULE" - NOT REALLY A RULE              A number of you have probably come across various "legal" articles discussing a ten year "Rule" in the area of divorce.  I have also read these articles and am astounded at the misinformation contained in them.  First and foremost, marriage duration only impacts spousal support.  You don't get a pot of gold when you hit ten years!  Your property rights don't automatically change nor does your ability to go after your spouse's separate property estate.             Furthermore, in regards to spousal support, marriage duration does NOT automatically provide more spousal support.  Discretion is still very much involved. C alifornia Family Code section 4336 (b), the section governing the 10 year duration subject, clearly indicates that the trial court has discretion when characterizing the length of a marriage.             When a marriage is deemed one of "long dura