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Family Law

What's Mine Is Mine, What's Yours Is Yours - Or Maybe Not

Fred Silberberg | Posted 02.15.2017 | Divorce
Fred Silberberg

As unpleasant as the discussion may be, by addressing these issues in a premarital agreement one can ensure that what is intended to remain separate does so.

Tips to Survive the Holidays for Divorced Parents

Kyung (Kathryn) Dickerson | Posted 12.02.2016 | Divorce
Kyung (Kathryn) Dickerson

Co-authored by Alan Plevy, Co-founding Principal at SmolenPlevy Divorce is difficult for children and their parents at any time of the year, but it c...

When it comes to starting a family, you can't have your cake and eat it too

Fred Silberberg | Posted 11.22.2016 | Divorce
Fred Silberberg

A woman is 35 years old. She is unmarried. She wants to have a child. She realizes that her childbearing years are coming to an end relatively soon...

California Child Support: The 10 Most Frequently Asked Questions Answered

Fred Silberberg | Posted 10.13.2016 | Divorce
Fred Silberberg

How is it determined? Child support in California is based on a statewide guideline. The formula by which it is determined is rather complex.

Another Parentage Success Story

Fred Silberberg | Posted 09.13.2016 | Divorce
Fred Silberberg

You may recall the landmark Court of Appeal published decision obtained by our firm in 2014 known as Jason P. v. Danielle S. 226 Cal. App. 4th 167. That case created a change to decades old parentage statutes which barred a biological father who provided sperm to a physician for insemination into his unmarried partner from legal parentage status even where the father had a father-son relationship with his child.

George Carlin, 'Dirty Words' and the Loss of Custody

Fred Silberberg | Posted 08.11.2016 | Divorce
Fred Silberberg

The California Family Code provides that if a court makes a finding that a party has "perpetrated domestic violence" against the other party seeking custody of a child, there is a rebuttable presumption that awarding joint or sole legal or physical custody is detrimental to the best interests of the child.

Co-Parenting Tips Before School Starts

Diane L. Danois, J.D. | Posted 07.27.2016 | Divorce
Diane L. Danois, J.D.

I watched producer, Garry Marshall's, Mother's Day last night with my stepdaughter, and learned this morning of his unfortunate passing yesterday. Th...

What Your Divorce Lawyer's Hourly Rate Doesn't Tell You

Larry Sarezky | Posted 07.12.2016 | Divorce
Larry Sarezky

Question: When does a 3-minute call from a divorce lawyer who charges $300 per hour cost MORE than the same call from a lawyer who charges $400/hr.? ...

Family Regulation -- Good or Bad?

Fred Silberberg | Posted 07.07.2016 | Divorce
Fred Silberberg

The real question is this: if we are willing not to interfere in the daily lives of those who end up staying in a marriage-happily or not, should we be interfering in the lives of those that choose to divorce?

Blogger's Revelation About The Blended Family Journey

Diane L. Danois, J.D. | Posted 06.21.2016 | Divorce
Diane L. Danois, J.D.

My blog has been quiet for a while. Partly because my professional life has been keeping me pretty busy, and partly because my mother always told me ...

Ceding Parental Authority in a Custody Case

Fred Silberberg | Posted 06.14.2016 | Divorce
Fred Silberberg

Cindy and John have been divorced for four years. They have three children: aged 10, 8 and 6. Cindy and John could not get along while they were marr...

3 Things You Absolutely Cannot Do During Your Divorce

Christina Pesoli | Posted 05.31.2016 | Divorce
Christina Pesoli

Getting a divorce requires a lot of adulting. (And yes, "adulting" is now a verb.) The timing on that couldn't be worse, because when you're getting a divorce, adulting is extremely challenging.

MediYAYtion: Why Your Upcoming Divorce Mediation is a Good Thing! (And Instructions on How to Rock It!)

Christina Pesoli | Posted 05.16.2016 | Divorce
Christina Pesoli

In the context of a divorce, mediation is a good thing. It offers folks a real opportunity to settle their divorce without the acrimony or expense of ...

How to Prepare for Mediation

Elizabeth Esrey | Posted 05.16.2016 | Divorce
Elizabeth Esrey

I enjoy the people I work with immensely. They may not realize it but I often learn more from them then I suspect they learn from me. Each mediation...

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...

Cooperation or Combat? The Choice Is Yours!

Mark Baer | Posted 04.14.2016 | Divorce
Mark Baer

Every single thing we say and do are actions which we have chosen to make. What we don't say and do are the result of our inactions, which are also choices. Whether those choices are conscious or unconscious, they are still choices.

4 Tips To Help You Succeed In Divorce Court

Joseph E. Cordell | Posted 04.11.2016 | Divorce
Joseph E. Cordell

Because your courtroom demeanor can influence a judge's opinion and thus the possible outcome of your divorce, it is important to begin preparing yourself for what to expect when your day in court arrives.

The Misery of Trying to Co-Parent With an Ex Who Acts Like The Donald

Alison Patton | Posted 04.08.2016 | Divorce
Alison Patton

While the Republican Party is desperately trying to cut ties with Donald Trump, the world watches in disbelief. All, that is, but a particular group of women and men with one thing in common.

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.

Lawyers for the Children in New York State

Justine Borer | Posted 04.04.2016 | New York
Justine Borer

Since 2007, New York State lawyers have served as "attorneys for the children" (sometimes also called "law guardians") in custody disputes in divorce proceedings. Before "attorneys for the children" existed, children involved with these proceedings had "guardians ad litem" for the suit.

6 Summer Vacation Tips for Divorced or Separated Parents

Kyung (Kathryn) Dickerson | Posted 03.29.2016 | Divorce
Kyung (Kathryn) Dickerson

It's an annual rite of Spring -- children are eagerly anticipating the end of the school year and the start of their summer break. The same can't be said for a number of divorced or separated parents.

Is There Life After Divorce?

Stann Givens | Posted 03.23.2016 | Divorce
Stann Givens

I have told all of my new clients that story and explained to them that there will be a time when the horrors they are experiencing in the breakup of their marriage will end and they will find peace. Most cannot believe it when I tell them.

Tender Years Primer

Tara Fass | Posted 03.09.2016 | Divorce
Tara Fass

There is an ever widening acceptance of gender neutrality with mothers and fathers perceived as equally fit to parent, in my professional experience i...

The Divorce To-Do List

Kyung (Kathryn) Dickerson | Posted 03.08.2016 | Divorce
Kyung (Kathryn) Dickerson

Going through a divorce can cause a tremendous amount of emotional pain. But as hard as it may be, putting aside your emotions and taking steps now can reduce the possibility of significant financial pain later. This requires gathering information, seeking guidance from experts, and taking action when necessary to protect your interests.

Ways Social Media Impacts Law

Brad Reid | Posted 03.03.2016 | Crime
Brad Reid

Social media, broadly defined, is having a powerful impact in the U.S. legal environment. Additionally, as social media crosses national boundaries, global legal concerns, not addressed in this brief comment, must be considered in practice.