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Family Lawyers

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.

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.

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...

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...

Empathy and Decision Making

Mark Baer | Posted 08.17.2016 | Divorce
Mark Baer

We are both members of The Esquire Network (TEN) and he has been mentioning that we seem to have very similar approaches to the practice of law and suggesting that we should discuss it further over breakfast. We did just that.

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 IV

Mark Baer | Posted 05.16.2016 | Divorce
Mark Baer

On July 10, 2011, Joan T. Daniels, Esq. posted the following comment on the listserv for the members of the Family Law Section of the Los Angeles Coun...

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.

Top 10 Trending Legal Careers

Tamesha Keel | Posted 06.15.2015 | Education
Tamesha Keel

For several years, one of the biggest shifts in the legal job market is the steady demand for specialized expertise. The career potential is high for skilled talent with industry or practice-area specialization. Both employers and clients are looking for efficiencies and value found in subject matter experts.

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.

Hey, Divorce Lawyers: You're About to Get Fired!

Christina Pesoli | Posted 02.01.2015 | Divorce
Christina Pesoli

This may be the millionth time for you, but it's not for your client. This isn't just another divorce. This is her divorce. So if you can't be sympathetic and supportive while you charge her however many hundreds of dollars an hour to represent her, then it's time for you to find another job.

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...

Divorce Doesn't Necessarily Mean Freedom

Fred Silberberg | Posted 12.22.2014 | Divorce
Fred Silberberg

When people decide to divorce they often understand that they will have to divide up property. They often think that they are doing so in exchange for their personal freedom. But the fact is that their personal freedoms are significantly more infringed upon once they are divorced than they ever were while married.

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.

5 Things To Do Right After Discovering A Spouse's Affair

Carla Schiff Donnelly | Posted 09.23.2014 | Divorce
Carla Schiff Donnelly

Catching your spouse cheating can be extremely heartbreaking and infuriating at the same time. While it's easy to be paralyzed by all of the emotions that come with this discovery, this is a crucial time to make some important decisions.

The Importance of the Standard of Living

Fred Silberberg | Posted 09.14.2014 | Divorce
Fred Silberberg

We often hear people jokingly refer to the fact that someone in a divorce is supposed to "enjoy the standard of living to which they have become accus...

Just How Amicable Is Melanie Griffith and Antonio Banderas' Divorce?

Mark Baer | Posted 08.15.2014 | Divorce
Mark Baer

I don't typically write about celebrity or high profile divorces because I want my material to speak for itself, rather than having it receive attenti...

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...