dont rush into marriage

For those of you who have been through a divorce, or know someone who has you ought to know that rushing into another marriage is not exactly the right thing to do. If you have no experience with divorce or even if you do - seek the counsel of a competent attorney before getting married...quickly. By quickly I mean - if you have been dating for less than 6 months (minimum) then PLEASE talk with an attorney. New brain research shows that for at least the first four months our bodies are coursing with feel-good chemicals that are responsible for an almost drug-addicted high feeling. In fact, scientists liken to call these feelings as being "on love" rather than being "in love".
Take note, and when your friends raise their eyebrows at your big news...spend a couple hundred dollars and speak with a competent attorney so that you can understand what rushing into a marriage in this state can mean legally...down the road (no matter how short or long that road may be).
Many marriages these days fail due to the intensified feelings of being on love when having an affair. Here too, people may make decisions that would be best run by an attorney first. I know, I know...who wants to talk with an attorney when you are in love or about to get married? You should...you know who you are :)







For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

WHAT CHILDREN NEED FROM MOM AND DAD

1. I need both of you to stay involved in my life. Please write letters, make phone calls, and ask me lots of questions. When you don’t stay involved, I feel like I’m not important and that you don’t really love me.

2. Please stop fighting and work hard to get along with each other. Try to agree on matters related to me. When you fight about me, I think that I did something wrong and I feel guilty.

3. I want to love you both and enjoy the time that I spend with each of you. Please support me and the time that I spend with each of you. If you act jealous or upset, I feel like I need to take sides and love one parent more than the other.

4. Please communicate directly with my other parent so that I don’t have to send messages back and forth.

5. When talking about my other parent, please say only nice things, or don’t say anything at all. When you say mean, unkind things about my other parent, I feel like you are expecting me to take your side.

6. Please remember that I want both of you to be a part of my life. I count on my mom and dad to raise me, to teach me what is important, and to help me when I have problems.

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

COPING WITH DIVORCE

For children, divorce can be stressful, sad, and confusing. At any age, kids may feel uncertain about what life will be like, or angry at the prospect of mom and dad splitting up for good. Divorce isn’t easy, but as a parent you can make the process and its effects less painful for your children.

Helping your kids cope with your divorce means providing stability in your home and attending to your children’s physical and emotional needs with a reassuring, positive attitude. To make this happen, you’ll need to take care of yourself—and work as peacefully as possible with your ex. It won’t be a seamless process, but your children can move forward feeling confident in your unconditional love.

After meeting with you we can refer you to the appropropriate therapist best suited to address the needs of you and your children.


For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

PRIVACY IN THE MIDST OF A DIVORCE

A divorce is the time to start keeping secrets from your spouse if you want to protect your interests. Open a post office box for all correspondence related to the divorce, start a new email account and order a new cell phone. It is recommended that you do not use the same cell phone and email providers that your spouse uses when opening new accounts. It's also a good idea to avoid using the same passwords you've been using for years. Chances are if you can easily remember your password, your spouse can too, and he or she can easily gain access to your new accounts if you don't bother to find a new password

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

What is Collaborative Law? How Does it Work?

Collaborative Law is a way to achieve sound settlement of serious issues such as divorce. Because it focuses on a “win – win” approach rather than an “I win – you lose” approach, the Collaborative method is especially well suited to situations where ongoing relationships may be involved. For this reason, the method also is used to solve other problems, such as labor and business disputes.

The Collaborative method works via a series of private and confidential meetings in which the couple and their professional advisors discuss the concerns, gather information and develop options. Then, they negotiate an optimal arrangement that meets the needs of both parties. The resulting agreement becomes a legally binding contract that is approved by the court. For an average family, four to six meetings may be needed, although the total will depend on the number of issues the couple needs to address.


For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

cutbacks at Marin Superior Court delay divorces

With another round of cutbacks in process, getting a divorce in Marin County is about to get even harder. If not, a much longer process. Two years is now the prediction from the county.

"Marin Superior Court, like its counterparts in other counties, is funded by California's judicial branch, not through the county budget. Last fall, the judiciary announced it would close the state courts one day a month to cope with the Calif
ornia budget crisis, and courts throughout the state have been resorting to layoffs." Marin IJ, Feb 2010.

Already court reporters are no longer present, and if you want a transcript you must hire a reporter yourself, and pay for the transcript. This is a cost that many people don't consider. Court transcripts, additionally, are a vital documented account of what was said while in court. Without a transcript, some lawyers will change orders and put words in a judges mouth that were never even said! These tactics and more will likely go unnoticed by the unknowing divorcee, making the divorce process uglier than ever. Have a good lawyer by your side from the very beginning.

Mediation is a likely candidate to avoid the already painful and expensive process of a divorce trial, and now more than ever it should be considered. Mediation might feel terrible and like a hopeless path in the beginning. Stick with it, or try Collaborative Law. It will be far less terrible than a trial with cutbacks in Court employees.

A silver lining in a gray divorce cloud - perhaps the economic crisis will be what finally changes the litigious process of divorce. The courts simply will not have the resources to hear cases as they once did, and the "old school" litigious attorneys will begin to vanish as well.







For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

the divorce generation by susan gregory thomas, WSJ

By SUSAN GREGORY THOMAS
[DIVORCE1] Stephen Webster

Gen-X's quest for perfect nests drove us to take out more home equity loans and to spend more on remodeling, per capita, than any generation before it, according to Harvard's Joint Center for Housing Studies.

Every generation has its life-defining moments. If you want to find out what it was for a member of the Greatest Generation, you ask: "Where were you on D-Day?" For baby boomers, the questions are: "Where were you when Kennedy was shot?" or "What were you doing when Nixon resigned?"

Every generation has its defining moment. For Generation X, it could be: "When did your parents get divorced?" Susan Gregory Thomas, author of the memoir "In Spite of Everything," explains what she sees as its long-term effects on marriage and parenting.

For much of my generation—Generation X, born between 1965 and 1980—there is only one question: "When did your parents get divorced?" Our lives have been framed by the answer. Ask us. We remember everything.

When my dad left in the spring of 1981 and moved five states away with his executive assistant and her four kids, the world as I had known it came to an end. In my 12-year-old eyes, my mother, formerly a regal, erudite figure, was transformed into a phantom in a sweaty nightgown and matted hair, howling on the floor of our gray-carpeted playroom. My brother, a sweet, goofy boy, grew into a sad, glowering giant, barricaded in his room with dark graphic novels and computer games.

I spent the rest of middle and high school getting into trouble in suburban Philadelphia: chain-smoking, doing drugs, getting kicked out of schools, spending a good part of my senior year in a psychiatric ward. Whenever I saw my father, which was rarely, he grew more and more to embody Darth Vader: a brutal machine encasing raw human guts.

Growing up, my brother and I were often left to our own devices, members of the giant flock of migrant latchkey kids in the 1970s and '80s. Our suburb was littered with sad-eyed, bruised nomads, who wandered back and forth between used-record shops to the sheds behind the train station where they got high and then trudged off, back and forth from their mothers' houses during the week to their fathers' apartments every other weekend.

The divorced parents of a boy I knew in high school installed him in his own apartment because neither of them wanted him at home. Naturally, we all descended on his place after school—sometimes during school—to drink and do drugs. He was always wasted, no matter what time we arrived. A few years ago, a friend told me that she had learned that he had drunk himself to death by age 30.

"Whatever happens, we're never going to get divorced." Over the course of 16 years, I said that often to my husband, especially after our children were born. Apparently, much of my generation feels at least roughly the same way: Divorce rates, which peaked around 1980, are now at their lowest level since 1970. In fact, the often-cited statistic that half of all marriages end in divorce was true only in the 1970s—in other words, our parents' marriages.

Not ours. According to U.S. Census data released this May, 77% of couples who married since 1990 have reached their 10-year anniversaries. We're also marrying later in life, if at all. The average marrying age in 1950 was 23 for men and 20 for women; in 2009, it was 28 for men and 26 for women.

Before we get married, we like to know what our daily relationship with a partner will be like. Are we good roommates? A 2007 study published by the National Bureau of Economic Research showed that, among those entering first marriages in the early 2000s, nearly 60% had previously cohabited with their future spouses. According to the U.S. government's 2002 National Survey of Fertility Growth, 34% of couples who move in together have announced publicly that marriage is in the future; 36% felt "almost certain" that they'd get hitched, while 46% said there was "a pretty good chance" or "a 50-50 chance."

I believed that I had married my best friend as fervently as I believed that I'd never get divorced. No marital scenario, I told myself, could become so bleak or hopeless as to compel me to embed my children in the torture of a split family. And I wasn't the only one with strong personal reasons to make this commitment. According to a 2004 marketing study about generational differences, my age cohort "went through its all-important, formative years as one of the least parented, least nurtured generations in U.S. history." Census data show that almost half of us come from split families; 40% were latch-key kids.

People my parents' age say things like: "Of course you'd feel devastated by divorce, honey—it was a horrible, disorienting time for you as a child! Of course you wouldn't want it for yourself and your family, but sometimes it's better for everyone that parents part ways; everyone is happier."

Such sentiments bring to mind a set of statistics in "Generations" by William Strauss and Neil Howe that has stuck with me: In 1962, half of all adult women believed that parents in bad marriages should stay together for the children's sake; by 1980, only one in five felt that way. "Four-fifths of [those] divorced adults profess to being happier afterward," the authors write, "but a majority of their children feel otherwise."

Many Generation X parents are all too familiar with the brutal court fights of their parents, and today, 'friendly divorces' are increasingly common. Here, Kathleen Turner and Michael Douglas in 1989's 'The War of the Roses.'

But a majority of their children feel otherwise. There is something intolerable about that clause. I can't help feeling that every divorce, in its way, is a re-enactment of "Medea": the wailing, murderously bereft mother; the cold father protecting his pristine, new family; the children: dead.

When I had my first child at 32, I went into therapy for a while to sort through, among other things, just why the world—as open and wonderful as it had become with my child's presence—had also become more treacherous than I ever could have imagined. It wasn't until my daughter was a few months old that it dawned on me that when the pediatricians and child-care books referred to "separation anxiety," they were referring to the baby's psyche, not to mine.

The thought of placing her in someone else's care sent waves of pure, white fear whipping up my spine. It occurred to me that perhaps my own origins had something to do with what a freak show I was. After hearing about my background for some time, my distinguished therapist made an announcement: "You," she said, "are a war orphan."

Orphans as parents—that's not a bad way to understand Generation X parents. Having grown up without stable homes, we pour everything that we have into giving our children just that, no matter how many sacrifices it involves. Indeed, Gen-X's quest for perfect nests drove us to take out more home equity loans and to spend more on remodeling, per capita, than any generation before it, according to Harvard's Joint Center for Housing Studies.

Marketing surveys reveal that Generation X mothers don't seek parenting advice from their own moms. Why would we take counsel from the very people who, in our view, flubbed it all up? Instead, says the research, we depend on the people who actually raised us, albeit wolf-pack style: our friends.

To allow our own marriages to end in divorce is to live out our worst childhood fears. More horrifying, it is to inflict the unthinkable on what we most love and want to protect: our children. It is like slashing open our own wounds and turning the knife on our babies. To consider it is unbearable.

My husband and I were as obvious as points on a graph in a Generation X marriage study. We were together for nearly eight years before we got married, and even though statistics show that divorce rates are 48% higher for those who have lived together previously, we paid no heed.

We also paid no heed to his Catholic parents, who comprised one of the rare reassuringly unified couples I'd ever met, when they warned us that we should wait until we were married to live together. As they put it, being pals and roommates is different from being husband and wife. How bizarrely old-fashioned and sexist! We didn't need anything so naïve or retro as "marriage." Please. We were best friends.

Sociologists, anthropologists and other cultural observers tell us that members of Generation X are more emotionally invested in our spouses than previous generations were. We are best friends; our marriages are genuine partnerships. Many studies have found that Generation X family men help around the house a good deal more than their forefathers. We depend on each other and work together.

Adultery is far more devastating for us than it was for our parents or grandparents. A 2003 study by the late psychologist Shirley Glass found that the mores of sexual infidelity are undergoing a profound change. The traditional standard for men—love is love and sex is sex—is dying out. Increasingly, men and women develop serious emotional attachments with their would-be lovers long before they commit adultery. As a result, she found, infidelity today is much more likely to lead to divorce.

In 'Kramer vs. Kramer' (1979) young Billy is caught in a custody battle.

Call us helicopter parents, call us neurotically attached, but those of us who survived the wreckage of split families were determined never to inflict such wounds on our children. We knew better. We were doing everything differently, and the fundamental premise was simple: "Kids come first" meant that we would not divorce.

But marriages do dissolve, even among those determined never to let it happen. After nine years, my husband and I had become wretched, passive-aggressive roommates. I had given up trying to do anything in the kitchen and had not washed a dish in a year. My husband had not been able to "find time" to read the book I had written. We rarely spoke, except about logistics. We hadn't slept in the same room for at least two years, a side effect of the nighttime musical bed routine that parents of so many young children play in semiconsciousness for years on end.

Yet I never considered divorce. It never even entered my mind. I was grateful that my babies had a perfect father, for our family meals, for the stability of our home, for neighborhood play dates.

But then, one evening, I found myself where I vowed I'd never be: miserable, in tears, telling my husband that we were like siblings who couldn't stand each other rather than a couple, and listening as my husband said he felt as though we had never really been a couple and regretted that we hadn't split up a decade earlier. "I'm done," he said. It was as if a cosmic force had been unleashed; the awful finality of it roared in like an enormous black cloud blotting out the sky, over every inch of the world. It was done.

That was four years ago. Even now, I still wonder every day if there was something that I—we—could have done differently. Like many of my cohort, the circumstances of my upbringing led me to believe that I had made exactly the right choices by doing everything differently from my parents.

I had married the kindest, most stable person I'd ever known to ensure that our children would never know anything of the void of my own childhood. I nursed, loved, read to and lolled about with my babies—restructured and re-imagined my career—so that they would be secure, happy, attended to. My husband and I made the happiest, most comfy nest possible. We worked as a team; we loved our kids; we did everything right, better than right. And yet divorce came. In spite of everything.

I don't know what makes a good marriage. I am inclined to think that Mark Twain was right when he wrote in an 1894 journal: "No man or woman really knows what perfect love is until they have been married a quarter of a century." But I did know something about divorce, and I wanted—and my former husband wanted—to do it as "well" as possible.

Many of us do. The phrase "friendly divorce" may strike some as an oxymoron, but it is increasingly a trend and a real possibility. Relatively inexpensive and nonadversarial divorce mediation—rather than pricey, contentious litigation—is now more common than ever. Many of us are all too familiar with the brutal court fights of our parents, and we have no intention of putting our kids through it, too. According to a recent University of Virginia study, couples who decide to mediate their divorce are more likely than those who go to court to talk regularly about the children's needs and problems, to participate in school and special events, daily activities, holidays and vacations.

We may not make it in marriage, but we still want to make it as parents. In the '70s, only nine states permitted joint custody. Today, every state has adopted it. It was once typical for dads to recede from family life, or to drop out altogether, in the wake of a divorce. But dads are critical in helping kids to develop self-esteem and constructive habits of behavior. A 2009 study published in the journal Child Development found, for example, that teenagers with involved fathers are less likely to engage in risky sexual activities.

Joint custody also reduces family strife. According to a 2001 study, couples with such arrangements report less conflict with their former spouses than sole-custody parents—an important finding, since judges have worried, historically, that joint custody exposes children to ongoing parental fighting. Some divorced couples have even decided to continue living together in different parts of the home—or to "swap out" each week—in order to maintain some measure of stability for their kids.

I have yet to meet the divorced mother or father who feels like a good parent, who professes to being happier with how their children are now being raised. Many of us have ended up inflicting pain on our children, which we did everything to avoid.

But we have not had our parents' divorces either. We can only hope that in this, we have done it differently in the right way.
—Adapted from "In Spite of Everything: A Memoir" by Susan Gregory Thomas, to be published by Random House next week. Copyright © by Susan Gregory Thomas.


For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

BE ACTIVE AFTER DIVORCE

As long as you are swimming, you'll stay above water, but as soon as you stop swimming, you'll start to sink. The same thing happens in life. As long as you are active and moving forward, you'll stay above water, but as soon as you withdraw, you'll start to sink.

The more you withdraw, the more life stops working. The more life stops working, the more you withdraw. You create a downward cycle that leads to depression and a very painful life. So don't withdraw. Be active.

Look for and find the things in life that bring you joy. Then do them as often as you can. Create a life of fun and adventure.




For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

SUPPORT DURING YOUR DIVORCE

Create a support squad!
Ask for help. People appreciate being asked for help. It's a gift to them to allow them to be there for you. Create a support squad of your closest friends who won't mind providing you with emotional support, professional guidance and ongoing inspiration. Realize that you're not the first person to go through this.

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

STABILITY AFTER DIVORCE

Married life often leads us to feel very stable and secure and we set long term goals in place. We think about retirement even if decades away. We plan for kids, for holidays together and get into a tight routine. Divorce pulls that all apart. This tears at our fundamental sense of security and many plans come crashing down. This can lead to panic and worry. But the fact is you can stand on your own. You can create new routines and build a new stability. Accomplishing that will make you a much more secure person no matter how disrupted your environment gets.


For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

DECIDING ON DIVORCE

Deciding on divorce is a big decision. You should understand that you aren't a bad person just because you think you want a divorce. Your spouse is not automatically a bad person because he/she may be causing you to feel this way (or so you may think), you're just people, plain and simple.

The Mindset You Need To Make This Difficult Decision
You're reading this for a reason...because you have been thinking about divorce for one reason or another. Being in "limbo" is a horrible feeling because you can't really get rooted if you are in limbo...all you know is that you aren't happy and don't know what to do.

You may feel stuck in a rut or feel like you are wandering aimlessly. Whatever the case, not being certain of what will happen can be tough to swallow and only contributes to your being unhappy. Another reason that this is usually a tumultuous and arduous time for people who are in this stage of life because it usually involves self reflection and a heightened awareness that may never have been reached before in your life.

This can be most difficult and scary, but I assure you it is healthy in the long run. When doing this "inward reflection", you may find out some things about yourself that you may not like. You may recall some things you had forgotten. You may realize that this isn't all your fault or you may realize that you had a hand in leading yourself here too. Whatever happens from here on in, your mindset has to be conducive to being brutally honest to yourself.

Since this can be a gut-wrenching time in your life, you absolutely must realize that one serious danger you face is making the mistake of not being fully aware that people don't make clear decisions during heightened emotional times. You must remember that emotion clouds judgment and bad decisions are made when the wrong side of your brain produces something by using emotion rather than intellect.

This cannot be stressed enough...when making any decision or thinking deeply about a concept, make certain that you are logical and impartial to the best of your ability. You must be comfortable with finding flaws within yourself and realizing that those are flaws that you agree with. You must be ready to admit self guilt and self fault, or this won't work.


For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

STAY HEALTHY DURING YOUR DIVORCE

Eating a balanced diet and working out may keep stress at lower levels during a divorce. Because divorces can be very exhausting, one should have a way to escape stress both physically and mentally. Take part in a fitness routine as a way to generate self esteem and recognize your own strength. Eating right ensures more energy and promotes general health.


For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

WHAT IS COLLABORATIVE LAW

Collaborative Law is a way to achieve sound settlement of serious issues such as divorce. Because it focuses on a “win – win” approach rather than an “I win – you lose” approach, the Collaborative method is especially well suited to situations where ongoing relationships may be involved. For this reason, the method also is used to solve other problems, such as labor and business disputes.

The Collaborative method works via a series of private and confidential meetings in which the couple and their professional advisors discuss the concerns, gather information and develop options. Then, they negotiate an optimal arrangement that meets the needs of both parties. The resulting agreement becomes a legally binding contract that is approved by the court. For an average family, four to six meetings may be needed, although the total will depend on the number of issues the couple needs to address.


For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

IMPORTANT ASPECTS OF COLLABORATIVE LAW

1.The collaborative process is voluntary and both spouses must agree to use the process

2.All proceedings are confidential and take place outside of court

3.Full disclosure of assets, obligations and incomes is required

4.The focus is on forging a settlement that meets the future needs of both parties and the children, rather than assigning blame

5.Both parties always retain the right to go to court if the process ends without agreement

6.Attorneys and other professionals who work with the couple collaboratively may not later switch into litigation roles in the matter. If the case goes to court, parties may represent themselves or hire attorneys, however, the collaborative attorneys and other collaborative experts may not participate in the litigation.


For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

DOMESTIC PARTNERSHIP TREATMENT OF MARITAL PROPERTY AS SOMETHING OTHER THAN COMMUNITY

For Couples Who Registered Before January 1, 2005:
You had until June 30, 2005 to draft and execute a pre-registration agreement if you wanted your assets divided differently than they would be under CA community property law.
The pre-registration agreement must meet the same substantive requirements that a valid pre-marital agreement must meet to be enforceable.
If the agreement is not entered into by June 30, 2005, the parties may enter into a post-registration agreement (having stricter requirements that a pre-registration agreement) to divide assets in a manner different than they would be divided under CA community property laws.

For Couples Registering After January 1, 2005
If a couple wants assets to be divided other than how CA community property law will divide it, they must enter into any pre-registration agreement before registering as domestic partners.
If the couple does not enter into a pre-registration agreement they must enter into a post-registration agreement if they want their assets to be divided in a manner other than CA’s community property laws would divide the assets.

Inability to Resolve Matters Before June 30, 2005
Terminate your domestic partnership, enter into a pre-registration agreement before re-registering, and re-register.



For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

TERMINATION OF A DOMESTIC PARTNERSHIP

You may terminate a Domestic Partnership without filing a Proceeding for Dissolution only if:
The Notice of Termination of Domestic Partnership is signed by both domestic partners.
No children have been born or adopted into the relationship, either before or after registration, and neither of the partners, to their knowledge, is pregnant.
The domestic partnership has been in existence no more than 5 years.
Neither party has an interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements:
The lease does not include an option to purchase
The lease terminates within 1 year from the date of filing the Notice of Termination.
There are no unpaid obligations (excluding automobile obligations) in excess of $4,000 incurred by either or both parties after registration of the domestic partnership.
The total fair market value of community property assets (excluding encumbrances and automobiles) is less than $32,000 and neither party has separate assets (excluding encumbrances and automobiles) in excess of $32,000.
The parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community property, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement.
The parties waive any right to support by the other.
The parties have read and understand a brochure prepared by the Secretary of State describing the requirements, nature, and effect of terminating a domestic partnership.
Both parties desire the domestic partnership to be terminated.
***Termination shall be effective 6 months after the date of filing the Notice of Termination of Domestic Partnership with the Secretary of State

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--