The Washington Post describes how divorces of same-sex marriages challenge the legal framework for divorce, including issues related to jurisdiction and venue, child custody, parenting time, alimony (spousal support), property division, retirement and taxation. Dafna Linzer writes (excerpt): . .…
No fair peeking: Attorney-work product off limits
The California Supreme Court disqualified an attorney who used opposing counsel’s notes of a meeting with expert witnesses. In Rico v. Mitsubishi Motors Corporation, the court stated: Here we consider what action is required of an attorney who receives privileged…
“It’s a perfect time of year. It’s the best Christmas present ever.”
The Grand Rapids Press reports on the adopted man who found his birth mother at work. Pat Shellenbarger writes (excerpt): For more than two months, Steve Flaig eyed the woman running the cash register in the home improvement store where…
Make peace, not war: methods of resolving divorce cases
The Associated Press discusses the options of collaborative divorce and mediation. David Crary writes (excerpt): In contrast to mediation, in which divorcing couples entrust a resolution to a single neutral mediator, collaborative divorce involves the use of attorneys for each…
Collaborative Divorce: Pollyanna crap?
The Maryland Daily Record addresses the concerns of traditional divorce attorneys about collaborative divorce. Caryn Tamber’s article gives voice to opponents who poo-poo Collaborative Divorce. In considering the arguments, it is helpful to keep in mind that: Not every case…
Is it better to give than to receive?
The New York Times unwraps the gift within the act of giving. Tara Parker-Pope writes (excerpt): . . . [G]iving gifts is a surprisingly complex and important part of human interaction, helping to define relationships and strengthen bonds with family…
Being in middle of “constant push and pull” between parents is worse than testifying against one parent?
The Michigan Court of Appeals is publishing Surman v Surman (Case No. 276615, 12/4/2007), which addresses children as witnesses (excerpt): While courts should seek to avoid, trial court may call child to testify in court about his or her allegations…
Ringtones lead to jail cells
The New York Times rings up “two hours of inexplicable madness” with a report on the Niagara Falls judge who heard a cellphone ring in his courtroom. When no one fessed up, he played the “Go Directly to Jail, Do…
Child abuse by boyfriends and other unmarried companions
The Associated Press/Grand Rapids Press shows the abuse risk in cohabitation, including the abusive-boyfriend syndrome and the risk to children in nontraditional family structures. David Crary writes (excerpt): Among the findings: *Children living in households with unrelated adults are nearly…
Forgetting your spouse and falling in love with someone else
USA Today showed the power of love through the eyes of retired Justice Sandra Day O’Connor and her husband, who suffers from Alzheimer’s. Joan Biskupic writes (excerpt): “Mom was thrilled that Dad was relaxed and happy and comfortable living here…
The carrot and stick of collaborative divorce
Divorce Online announced their support for collaborative divorce (excerpt): . . . [F]amily law is different. Who is the winner and who the loser in an argument about what should happen to the family home, or in a dispute about…
Turning winning in court upside down
James W. McElhaney highlights how to make a losing argument. He discusses seven methods: Argue with the judge. Bury your argument in clutter. Misstate the facts. Base your argument on obscure technicalities. Read your argument. Push a good point too…
“Win Others Over” without coercion
The News Journal summarizes wooing to win [“The Art of Woo: Using Strategic Persuasion to Sell Your Ideas” by Wharton professor G. Richard Shell and management consultant Mario Moussa] (excerpt): The word “woo,” the authors note, has many meanings, but…
Collaborative divorce for complex, “big money” divorces
ClickDocs announces the launch of a new legal forum encouraging use of the collaborative process for complex ‘big money’ divorces (excerpt): The founders of the Central London Collaborative Forum believe that collaborative law can help avoid the cost and acrimony…
To persuade a judge or jury, value and respect
American Chronicle tries to establish the mind set for persuasion. Pradeep Aggarwal writes (excerpt): Basic Rule of persuasion: Never Assume or Disrespect This is the most common mistake that people generally make. They want others to listen to them but…
Why drag out the whole divorce process if you don’t have to?
The Telegraph focuses on prenuptial agreements and collaborative divorce as “a better way out of marriage”: Another way to save on cost and distress if there is no prenuptial agreement is to use collaborative law. Julia Whittle, of independent financial…
What would Paul do? Dignity in divorce
USA Today/AP highlighted Paul McCartney’s desire to maintain his dignity during his divorce from Heather Mills. The former Beatle told Radio Times Magazine: “As Winston Churchill once said, ‘If you’re going through hell, keep going!’ . . . The only…
A better way to divorce?
If you want more stress, more conflict with the other parent, more troubled children and more expenses, STOP. Read no further, and go directly to court. If you want more of something else–more balance, more peace, more spirited children, more…
Principles of persuasion to apply in negotiations and in court
PR-GB.com summarizes “Influence: The Psychology Of Persuasion” by Robert Cialdini. Robin McKay writes (excerpt): Reciprocity People are more willing to comply with requests (for favors, services, information, concessions, etc.) from those who have provided such things first. This is the…
For more information on Social Security & retirement (divorce or not)
The Social Security Administration presents answers to your questions about Social Security and retirement. In addition, Nolo has information on Social Security and retirement, including: Retirement Plans Enjoying Retirement Medicare, Medicaid, Medigap and Managed Care Long-Term Care Wills & Estate…