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Family Law Court

What Does "No Fault" Divorce Mean?

Fred Silberberg | Posted 05.10.2016 | Divorce
Fred Silberberg

In 1970, the State of California originated the concept of "no-fault" divorce. The rationale behind the law was that there was no point in forcing pe...

It's Unwise to Define Frozen Embryos as Human Life

Mark Baer | Posted 04.05.2016 | Impact
Read More: Missouri, Missouri Politics, Frozen Embryos, Frozen Embryo, John Mccaherty, In Vitro Fertilization, In Vitro, Divorce, Life After Divorce, Divorce News, Children of Divorce, Parenting After Divorce, Family Law, Family Law Court, Family Law Litigation, Abortion, Abortion Rights, Anti-Abortion, Abortion Laws, Abortion Debate, Child Custody, Custody Battle, Custody, Custody Battles, Cryopreservation, Cryogenic Preservation, Infertility, Infertility Treatments, Infertility Issues, Male Infertility, Infertility Treatment, Fertility, American Bar Association, Shame, Shaming, Public Shaming, Fear, Perfectionism, Perfectionist, Imperfection, Imperfections, Gay, Gay Issues, Gays, Lgbt, LGBT Issues, Lgbtq, Anti-Gay Bullying, Antigay Bullying, Antigay Initiatives, Anti-Gay, Anti-Gay Discrimination, Anti-Gay Violence, Anti-Gay Bigotry, Judgment, Judgmental, Judging Others, Judging, Moms Judging Moms, Women Judging Women, Mom Judging, Judging Friends, Judging Moms, Judging Parents, Authenticity, Authentic Self, Authentic, Being Authentic, Living Authentically, Inauthenticity, Inauthentic, Inauthentic Relationships, Inauthenticity in Workplace, Hypocrisy, Republican Hypocrisy, Hypocrite, Political Hypocrisy, Religious Hypocrisy, Relationships, Non-Marital Births, Child Support, Child Support Payments, Visitation, Child Visitation, Child Custody and Visitation, Fertility Clinics, Fertility Clinic, Parental Conflict, Conservatives, Social Conservatives, Christian Conservatives, Conservatism, American Conservatism, Worldview, Worldviews, Biblical Worldview, Human Nature, Impact News
Mark Baer

The Missouri legislature is currently considering the enactment of legislation that would define frozen embryos as human life.

When Divorcing, Beware of Meddlers!

Mark Baer | Posted 07.26.2016 | Divorce
Mark Baer

I was recently contacted to potentially mediate a litigated divorce matter prior to trial, which is rapidly approaching. My name had been included on a list from the attorneys, along with two other mediators.

How Family Law Attorneys Tend to Think, Final Part

Mark Baer | Posted 06.24.2016 | Divorce
Mark Baer

Since this is the final article in this series, I am finally going to share the answer I gave the attorney colleague of mine who asked me the following question: "Any thoughts on how to make money as a family lawyer when you're not prepared to screw the other side?"

How Family Law Attorneys Tend to Think, Part VI

Mark Baer | Posted 06.18.2016 | Divorce
Mark Baer

A great many of my family law attorney colleagues believe that mediation only works under such narrow circumstances, that almost no cases are appropriately suitable for it. They believe that mediation is only effective in family law cases under the following circumstances.

How Family Law Attorneys Tend to Think, Part V

Mark Baer | Posted 06.04.2016 | Divorce
Mark Baer

I'm going to say it over and over and over again until my last breath -- "Mediation" that is handled as a "settlement conference," but with a "mediator" rather than a judicial officer is not mediation.

How Family Law Attorneys Tend to Think, Part III

Mark Baer | Posted 05.10.2016 | Divorce
Mark Baer

Part II of this series ended with the following question from an attorney colleague on the listserv for the Family Law Section of the Los Angeles Coun...

How Family Law Attorneys Tend to Think, Part II

Mark Baer | Posted 05.02.2016 | Divorce
Mark Baer

Except for the years I was in Juvenile Dependency court, where mediation was available for each case set for trial (but not presently, because that court system does not now have the funds to do so), I can count on the fingers of one hand the times when opposing counsel suggested mediation.

How Family Law Attorneys Tend to Think, Part I

Mark Baer | Posted 06.26.2015 | Divorce
Mark Baer

On April 23, 2015, I read an article titled "Solid negotiation skills crucial for family lawyers," which I felt was an important read for both the public and my colleagues. I therefore shared the article over the social media and with the members of the listserv for the Family Law Section of the Los Angeles County Bar Association.

To Resolve or Manage Conflict, You Must Address the Actual Cause of the Problem

Mark Baer | Posted 06.21.2015 | Divorce
Mark Baer

I recently had the most fascinating consultation with a gentleman who was interested in the possibility of my representing him as his lawyer.

Lawyer Paternalism Is A Very Serious Problem

Mark Baer | Posted 03.20.2015 | Divorce
Mark Baer

The "temporary incompetence" of clients due to their emotional state and the attorneys' paternalistic attitude toward clients create a lack of understanding on the part of both the attorney and the client. This is the legal equivalent of a ship that hits rocks, runs aground, veers off course, and possibly sinks.

How To Select The Best Mediator Is a Must Read for Everyone

Mark Baer | Posted 01.18.2015 | Divorce
Mark Baer

I cannot thank Mr. Peters enough for putting so much effort into writing such an outstanding book and highly recommend that every professional involved in dispute and/or conflict resolution and everyone involved in a dispute and/or conflict take the time to read this book.

The Problem With Covenant Marriages and Fault-Based Divorce

Mark Baer | Posted 01.06.2015 | Divorce
Mark Baer

On October 30, 2014, I was contacted by a reporter, who asked if I could explain the Arkansas "covenant marriage" law to them. Among other things, if...

Unfortunately, Reviews on Yelp Cannot Be Relied Upon for Vetting Purposes

Mark Baer | Posted 11.27.2014 | Business
Mark Baer

I would be highly suspect in relying upon Yelp reviews in the future. I wish this were not true because it just makes it that much more difficult and confusing for customers to locate "real evidence" that is so essential to properly vet products and services.

3 Things To Consider Before Relocating With Your Kids

Caroline Choi | Posted 08.04.2014 | Divorce
Caroline Choi

In the heat of your divorce, have you thought about possibly moving your children to another city, state or even country? Whatever your reason, there are important things to consider before you make a decision to move away with your children.

What Is Required to Make Collaborative Divorce Truly Collaborative?

Mark Baer | Posted 08.03.2014 | Divorce
Mark Baer

Those of you who have been reading my series of articles about "Collaborative Divorce" should be well aware of the fact that I have quoted Stephen Wil...

Are You Certain That Your Lawyer Is Not Impaired?

Mark Baer | Posted 06.14.2014 | Divorce
Mark Baer

I have written a number of articles about the negative impact that certain "types" of attorneys have made on our "system of justice." The first articl...

The Consequence of Unenforced Ethical Guidelines for Collaborative Divorce

Mark Baer | Posted 06.07.2014 | Divorce
Mark Baer

The Ethical Guidelines for Collaborative Divorce by Collaborative Divorce Institute provide in pertinent part as follows: "All Collaborative Divorce ...

An Essay on Divorce Corp., The Movie

Diana Mercer | Posted 03.24.2014 | Divorce
Diana Mercer

I finally saw Divorce Corp. Finally. After much banter on Facebook, a barrage of emails, a New York Times article, and the Huffington Post's own Paul Raeburn's review of the film, I finally saw what all the fuss is about.

Things to Consider Before Litigating

Mark Baer | Posted 01.25.2014 | Crime
Mark Baer

As you can see, decisions rendered in court are not based on all of the evidence -- just all of the legally admissible evidence

Family Law Litigation: The Gift That Keeps On Giving!

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Everyone in the family law trenches knows that such overreactions are far from uncommon as a result of the exacerbation of conflict and increased distrust resulting from a litigated divorce.

Aggressive Lawyering Is Counter-Productive

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

If clients stopped requesting and otherwise seeking out destructive lawyers who are making a tremendous amount of money doing nothing but wreaking havoc and destroying families among other things, the supply of such lawyers would decrease.

Important Distinctions Between Litigation and Mediation

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Throughout the conference, the panelists kept reiterating that what occurs in court is state specific, "locale specific," and jurist specific. In other words, results vary from judge to judge based upon the judge's biases, beliefs, assumptions and values. I think this should really scare anyone and everyone.

Parties' Positions and the Mediation Process

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Evaluating the "strengths and weaknesses of the parties' positions" is often more perception than reality.

Lawyers Fail to Give Clients All Options Available for Resolving Conflict

Mark Baer | Posted 10.26.2013 | Divorce
Mark Baer

As I like to remind people, you can only give what you have and teach what you know. If the legal community won't embrace ADR, maybe an educated public can force the issue.