2010

Blog Posts in 2010

  • Will Divorce Financing Cause a Change in Behavior?

    || 6-Dec-2010

    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 the article, the need for such ...
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  • Is Divorce Insurance a Good Idea?

    || 11-Oct-2010

    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 unit. For instance, if you bought 10 units of Divorce Insurance; it would ...
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  • Family Law and Attorneys Fees

    || 6-Sep-2010

    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 respective incomes and needs of the parties" and ...
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  • The Cost of Raising Children

    || 10-Aug-2010

    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 17, even ...
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  • In theory, it is best when parents with minor children are able to work out a custody and visitation arrangement on their own when they separate and/or divorce. After all, the matter involves their children/family and wouldn't they know what is best for their particular situation? Not always! I was recently representing a father of three (3) minor children in a divorce case in which he and his ...
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  • Drug and Alcohol Testing in Child Custody Cases

    || 20-Jul-2010

    At a party on May 8, 2010, I began chatting with a woman who told me the sordid details of her ongoing custody problems after she learned that I was a family law attorney. Among other things, she informed me that the Court had ordered that her ex-husband submit to random drug testing after she convinced the Court of his history of drug usage and its impact on his fitness as a parent. The Court ...
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  • The Way In Which Individuals Respond To Losses Relating To Divorce

    || 12-Jul-2010

    My last Blog entitled, " Emotions Play an Integral Role in Divorce Proceedings and Therefore Must be Understood by the Attorney " explained that "the emotional impact of a divorce is as severe as that of a death in the immediate family" and that "most of the literature on the psychology of divorce treats divorce as the death of a relationship." At the conclusion of ...
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  • Due to the holiday and my birthday celebrations, I did not write a Blog article for this week. Instead, I began the following discussion on the Discussion section of my Facebook Fan Page: "Should the way in which a religious leader conducts his/her personal life impact his/her career itself?" This is the first Discussion I commenced and I would appreciate as many people as possible ...
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  • My last Blog entitled, " Empathetic Family Law Attorneys " explained the unfortunate reality that while lawyers tend to "lack sensitivity to human, emotional and interpersonal concerns," in the field of divorce/family law, such attorneys cause a great deal of damage to families. In an article entitled, " Divorce and Your Emotional Needs: What You Should Know to Survive ...
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  • Empathetic Family Law Attorneys

    || 22-Jun-2010

    My last blog entitled, " The Cause and Effect of the Historical Shift in the Role of Attorneys " explained that a lawyer's role in peacefully resolving disputes ended in the 1960's, when individuals began pursuing the practice of law seeking wealth and power rather than to address social issues and to help people. The personality characteristics of those entering the field of law ...
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  • The Cause and Effect of the Historical Shift in the Role of Attorneys

    || 7-Jun-2010

    Historically, a lawyer's role was peacefully resolving disputes, not creating them. A reversal of that role seems to have occurred as a result of a change in the type of individuals entering law school. According to a June, 1997 article from the American University Law Review entitled, "Lawyer, Knowing Thyself: A Review of Empirical Research on Attorney Attributes Bearing on ...
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  • Does Anyone Tell the Truth Any Longer?

    || 1-Jun-2010

    I was recently involved in a case in which I was retained to defend my client against an attempt to obtain a restraining order against him. The party seeking the order (the "Petitioner") alleged that she was fearful and afraid of my client, who was "bothering" her because he "seemed to feel that [she was] in his debt." In her moving papers, which she signed under ...
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  • "Battered Wife Syndrome" and Domestic Violence Allegations

    || 25-May-2010

    In response to my blog about false allegations and domestic violence, a few woman advised me that their request for a restraining order had been denied or that their attorney advised against pursuing it and that such a result conflicted with the findings that the system was set up to encourage false allegations of domestic violence by actually rewarding the accusers. Interestingly, each of those ...
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  • The Real Problem with the Department of Children and Family Services

    || 17-May-2010

    On May 16, 2010, in a news story entitled, "Many tips on LA's child abuse hotline unresolved", the Los Angeles Times reported on the fact that thousands of tips (more than 18,000) go uninvestigated within the time mandated by the State, even though the deadline for completing such investigations was recently increased from 30 to 60 days. In response, Troist Ploehn, the Director of ...
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  • False Allegations of Domestic Violence

    || 12-May-2010

    Domestic violence and child abuse are terrible crimes, and those who commit such crimes should be severely punished. An allegation of domestic violence is made in approximately 25% of divorces. Moreover, such allegations are more common in relationships involving children. What is the relationship between domestic violence and the existence of children in the relationship? Do children somehow ...
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