Judicial Bias – A Variable That Is Often Overlooked in Family Law Litigation
“It is generally agreed that a litigant is entitled to have her case decided by a judge who can approach the facts in a detached and objective manner; indeed, the protection of the integrity and dignity of the judicial process from judicial bias has been hailed as ‘the palladium of our judicial system.’” In fact,
What Triggers Violence in Custody Battles in the United States?
“While violence arising from custody battles in the United States has been a constant presence, the American Bar Association (ABA) Commission on Domestic Violence has long recognized the potential for escalation in such disputes.” In fact, “studies show that 25-50% of disputed custody cases involve domestic violence.” Three of the most recent incidents involving shooting
Things to Consider in Order to Select an Attorney Who is a Problem Solver and Not a Conflict Creator
Problem-solving is a hallmark of a good lawyer. It involves a creative attempt to discover a result that may be outside the specific provisions of law, ruling, or statute, but that will represent the best reasonable outcome for all of the parties involved. Since law schools, historically, have not taught problem-solving skills, the American Bar
The Misconception that Collaborative Attorneys Fail to Protect Their Clients
I attended the Sixth Annual Statewide Conference for Collaborative Practice California in San Diego from April 29 – May 1, 2011. The Conference was held at a terrific venue, the speakers were amazing and I met other collaborative divorce professionals. On the last day of the Conference, I met a psychologist who was not a
Family Law in the United States — An Uncivilized, Unenlightened and Barbaric System
In 1996, the Australian government reformed its family law system in an effort to make it “more responsive to families in need, by making it simpler to negotiate appropriate outcomes.” It accomplished this by shifting “the focus from litigation as the first choice for the resolution of family law disputes.” Since then, mediation has become
Philosophy and the Law
Almost a quarter of a century ago, as a first year law student, I was required to take a course on Philosophy and the Law. I absolutely hated that class, did not understand its importance, and found the subject matter very frustrating and difficult to comprehend. I recall the Professor calling upon me to answer
Will Divorce Financing Cause a Change in Behavior?
On December 4, 2010, the New York Times published an article entitled, “Taking Sides in a Divorce, Chasing Profit.” The article profiles a growing industry that seeks to “profit from the often contentious and emotional process of ending a marriage” by investing in those cases “in exchange for a share of the winnings.” According to
Is Divorce Insurance a Good Idea?
Much has been written about divorce insurance, since the August 5, 2010 launch of WedLockDivorceInsurance.com. This is the first time that insurance of this type has ever been available. “The product is sold as individual policies. You buy it in units of coverage. Each unit is valued at $1250 at a cost of $15.99 per
Family Law and Attorneys Fees
In California, laws are in place to ensure that, to the extent practical in actions involving family law , ” each party has access to legal representation to preserve each party’s rights…. ” This is accomplished when one party is ordered to pay attorney’s fees and costs for another party. Such orders are based upon
The Cost of Raising Children
Since 1960, the governmental department assigned to provide estimates of expenditures on children from birth through the age of 17 has been the United States Department of Agriculture. Those expenditures consist of the following categories: housing, food, transportation, clothing, health care, child care, education, and miscellaneous expenses. The report only covers through the age of