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Tuesday, June 30, 2015

CHILD CUSTODY - THE BEST INTEREST OF THE CHILD

When courts need to make decisions about child custody and visitation, they consider what arrangement will be in the child’s best interests. (They are much more interested in what’s best for the child than they are in the parents’ concerns.) Most judges consider things like whether the current situation is working well for the child (if so, they’re unlikely to change it) and which parent will be most likely to support the child’s relationship with the other parent (a cooperative parent definitely has an advantage in a custody dispute). Beyond these basic things, though, each state has its own rules about what is in the child’s best interests.
To continue viewing this information published by Nolo please click below:
http://www.divorcenet.com/topics/the-best-interests-child
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

DEPRESSION FROM DIVORCE

Experiencing grief and depression from divorce is common when a person's marriage ends. The sense of loss can be comparable to the pain of losing a loved one. In essence, it is the death of your marriage. It can be a very sad time in your life as you lay to rest all the dashed hopes and dreams. Right now, you may feel as if you’ll never love anyone the way that you loved your husband.
To continue viewing this article by Tracy Achen, please click below:
http://www.womansdivorce.com/depression-from-divorce.html#ixzz3eaoTmmEZ

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

Monday, June 29, 2015

CHILDREN'S NEEDS WHILE GOING THROUGH A DIVORCE

A child's psychological needs are greatly increased during and after a divorce. They live in the middle of an economic and emotional roller coaster, experiencing guilt, fear and confusion. If parents are consciously focused on and sensitive to their child's needs during and after a divorce, they will do a better job of meeting them.

In Dr. Phil's book, Family First: Your Step-by-Step Plan for Creating a Phenomenal Family, he lists the most profound needs of children while going through a divorce — a time when they may be on an emotional roller coaster of guilt, fear and confusion. Your overall goal should be to meet all of these needs, in order to minimize the price your child has to pay for you and your ex being unable to sustain your relationship.

To continue viewing this article please click below:
http://www.drphil.com/articles/article/157

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

WHAT I WISH I KNEW BEFORE I GOT DIVORCED

Hindsight's 20/20, so there's no one better than ex-wives to tell you what to do (and not to do) if you're going through—or just contemplating—a divorce. Here, real women share what they wish they'd known when they split from their husbands and divorce professionals weigh in on how to combat the most unexpected, yet most common, mistakes they've seen clients make. Rest assured, these 10 lessons can get you through the end of your marriage, both financially and emotionally.
To continue viewing this article by Natasha Burton please click below:
http://www.womansday.com/relationships/dating-marriage/advice/a6834/divorce-advice-women/
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

Friday, June 26, 2015

CUSTODY EVALUATIONS

Custody evaluations are often used in cases where there is a dispute as to the physical or emotional stability of the spouses or children. In certain cases, a custody evaluation is necessary including cases where a move is contemplated, where there is alleged child abuse, or alleged substance abuse. Depending on the circumstances a court Mediation Services Evaluation, or a private Child Custody Evaluation may be indicated.

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

DETERMINATION OF SPOUSAL SUPPORT

Spousal Support may be awarded to either spouse for any time span for any amount of money. Support is based on the standard of living during the marriage. Various factors are considered by the court. The following is considered for support:
  1. Duration of marriage
  2. Standard of living during the marriage
  3. Earning capacity
  4. Comparing income and resources of the spouses
  5. Necessary time to obtain educational goals in order to attain gainful employment
  6. Health and age of spouses
  7. Obligation and needs of the spouses
  8. Contribution of services during marriage: childcare, homemaking, career-building
  9. Emotional and Physical condition of spouses
  10. Custodian of the child
(The court can also take into consideration any other factor it deems necessary and just.)

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

Thursday, June 25, 2015

WHAT TO DO WHEN CO-PARENTING DOESN"T WORK

In a good-enough divorce, exes work through feelings of anger, betrayal and loss and arrive at a place of acceptance. Frustrations over the other parent's values and choices are contained and pushed aside, making space for the Holy Grail of post-divorce life: effective co-parenting.
Co-parenting is possible only when both exes support their children's need to have a relationship with the other parent and respect that parent's right to have a healthy relationship with the children.
But some people never get to acceptance. They become, essentially, addicted to anger. They convince themselves that the other parent is incompetent, mentally ill, or dangerous. They transmit this conviction directly or indirectly not only to the children, but also to school staff, mental health professionals and anyone who will listen.
To continue viewing this article by Virginia Gilbert, MFT, please click:
http://www.huffingtonpost.com/virginia-gilbert-mft/co-parenting_b_1540479.html
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

4 BEHAVIORS ARE THE MOST RELIABLE PREDICTORS OF DIVORCE

Ever been in the middle of a heated argument when suddenly the other person pulls out their phone and starts texting?
If the answer is yes, and if you find it happening constantly, we hope that person isn't your significant other.
This behavior, known as stonewalling, is one of four reactions that John
Gottman, a psychologist at the University of Washington and the founder of the Gottman Institute, has identified as a telltale sign that all is not well with a married couple.
To continue viewing this article by Erin Brodwin please click below:
http://www.businessinsider.com/4-behaviors-can-predict-divorce-2015-1
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

Tuesday, June 23, 2015

WHY A FORENSIC ACCOUNTANT BELONGS ON YOUR DIVORCE TEAM

Divorce, boiled down to its most basic elements, is about dividing marital assets and debts. In some cases, the process is relatively simple: house, cars, bank accounts, credit card bills. Furniture and other belongings might go to one spouse or the other without much contention, based on who owned it before the marriage, or who cares more about owning it afterward.
However, for couples with complex financial portfolios, the process is much more complex. Even in the rare amicable divorce, some assets can be difficult to divide. In addition to the basics, there might be stock options and restricted stock – some vested, some not –deferred compensation, closely held businesses or professional practices, complicated partnerships,  retirement and insurance plans, assets held in trusts of various types and terms, multiple accounts and properties in different states, or even different countries, to be divided and tangible items of exceptional value such as art, antiques or rare collectibles, each in need of current appraisals.
To continue viewing this article by Jeff Landers please visit:
http://www.forbes.com/sites/jefflanders/2014/09/04/why-a-forensic-accountant-belongs-on-your-divorce-team/
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

RECOMMENDATION OF A FORENSIC ACCOUNTANT

At times one spouse will falsely claim that their income is low and assets are less than what is accurate. Often times the financial statement submitted to the bank often depicts an entirely different picture. Sometimes it shows income and assets that were hidden from the other spouse. Due to the frequency of dishonestly between spouses it is necessary to conduct a deeper analysis in order to find out what the truth is.

After our consultation I will be able to make a recommendation of the Forensic Accountant best suited for your case.

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

Monday, June 22, 2015

THE DISNEYLAND DADDY

Vicki is the single mother of Alex (12), Ryan (8) and Jessica (6). To make ends meet, she works two jobs—as a receptionist during the week and part-time catering on weekends. She has been divorced from Mike, a supervisor for a building contractor, for two years. Her relationship with Mike is strained at best, hostile at worst.

Mike gets the kids every other weekend and every Wednesday. The kids love going to Dad’s because there are “no rules.” They get to do pretty much whatever they want. Weekends are filled with video games, trips to the mall, pizza and movie outings. And candy. Lots and lots of candy. Wednesday nights are TV nights. The kids never do their homework on Wednesday nights because, after a long day, Mike wants to kick back; he doesn’t want to have to deal with questions about homework. Vicki resents Mike’s free-for-all parenting and calls him “The Disneyland Daddy.”

To continue viewing this article by James Lehman, MSW please view:
http://www.empoweringparents.com/disneyland-daddy.php
Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

THE SINGLE PARENT JUGGLING ACT

There’s a famous quote about Ginger Rogers that says, “She did everything that Fred Astaire did, only backwards.” In some ways, being a single parent is similar, except you’re doing everything other parents do, only solo.
I was talking with a single mom recently who described her day like this, but I think it probably is true for a lot of you out there, as well: "I rush home from work, dash off to the supermarket, pick the kids up from practice, go home and try to get dinner on the table. The arguing begins when I ask them to help out, and they start fighting with me. Any time I tell my oldest “no” these days, she screams, ‘I hate you – you are the worst mother in the world! I wish I could live full-time with Dad!’ I explode, then she runs out of the room, slamming her bedroom door. I’m so tired of playing out this scene night after night!”

To continue viewing this article by Debbie Pincus MS LMHC please click:
http://www.empoweringparents.com/the-single-parent-juggling-act-5-tips-to-help-you-manage.php

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

Friday, June 19, 2015

WHAT IS DOMESTIC VIOLENCE?

Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.
The domestic violence laws say “abuse” is:
  • Physically hurting or trying to hurt someone, intentionally or recklessly;
  • Sexual assault;
  • Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
  • Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
The physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going. It can even include physical abuse of the family pets.

To continue viewing this information from the California Courts site click below:
http://www.courts.ca.gov/selfhelp-domesticviolence.htm

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

OVERVIEW OF THE FAMILY LAW PROCESS

In California, one party initiates the dissolution proceeding by filing a Petition. The respondent will then be served the Petition (either personally or by mail). The party originally filing the Petition is known as the"Petitioner" and the other party is known as the "Respondent". Following receipt of the Petition, the Respondent has 30 days (unless granted additional time by the Petitioner's attorney) in which to file his or her responding statement. After the 30-day period the case can be set for a Court hearing.
At our first meeting, we generally prepare all necessary paperwork in order to either initiate the divorce or to respond to the Petition filed by the spouse. These pleadings are then generally served upon the other party. Once the pleadings are served upon the other party, the Judgment of Dissolution of Marriage can be granted dissolving the parties' marital status, at the earliest six (6) months from the date of service. The purpose of the six-month waiting period is to encourage reconciliation between the spouses, and if in fact a reconciliation occurs during this period, kindly contact our offices and we will see that all paperwork is stopped.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/

Thursday, June 18, 2015

THE FOUR DIVORCE ALTERNATIVES

No two marriages are the same, and so it only follows that no two divorces will be the same, either.

In fact, if you’re a woman who’s contemplating divorce, you have several options about how to proceed. In general terms, you need to consider four broad categories of divorce alternatives: Do-It-Yourself (DIY), Mediation, Collaborative and Litigation. Let’s take a look at the pros and cons of each one.

To continue viewing this article on Forbes.com please click:
http://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/

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

RESOLVE YOUR DIVORCE OR SEPARATION OUT OF COURT

When spouses or domestic partners get ready to file for divorce or legal separation, they may have different points of view on issues like property division, custody of the children, or support. But just because you may have these disagreements, it does not mean you have to go in front of a judge to resolve them.

Consider that a judge can never know about your relationship — as a couple and as a family — as well as you know yourselves. So it often makes sense to work out as many issues as you can out of court. In most cases, resolving your disputes outside of court saves time and money.

To continue please visit the California Courts website:
http://www.courts.ca.gov/1226.htm

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

Wednesday, June 17, 2015

5 BIGGEST DIVORCE MISTAKES FINANCIALLY

Attorneys say that if both you and your ex-spouse feel like you came out of your divorce thinking you gave up a lot, your settlement was probably fair. Maybe, but often your settlement's results appear only after you live with them for a while.

Here are five settlement pitfalls to watch for.

To continue viewing this article written by Wendy Spencer, CFP, please click:
http://www.usatoday.com/story/money/personalfinance/2015/03/07/adviceiq-divorce-finances/24536371/

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

8 THINGS KIDS OF DIVORCE WANT PARENTS TO KNOW

Parents going through divorce are constantly on the lookout for expert advice on how to raise healthy, resilient kids.

But hey, the kids themselves just might have the best answers. Below, eight writers share what it was like growing up with divorced parents and the one piece of advice they want to pass on.

To continue viewing this piece by Brittany Wong please click below:
http://www.huffingtonpost.com/2015/04/02/advice-from-children-of-divorce-_n_6978822.html

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

Tuesday, June 16, 2015

THE POSITIVE OUTCOMES OF DIVORCE

For many, the word “divorce” conjures up negative thoughts and impressions. We gasp: “what about the kids? I thought they were happy? There go the holidays.” No one wants to be part of those statistics, but many of us are or will be. So, how do we surpass the social and psychological hurdles of this transition to realize the positive outcomes of a divorce?
 
The decision to end your relationship and get divorced is a difficult one. The process can be fraught with emotional stress and interpersonal conflict.  To make things worse, any positive attitudes one may have related to this change are often overshadowed and dismissed as inappropriate or unhealthy. However, cognitive behavioral therapy provides us a unique insight – balancing negative thoughts alongside positive thoughts is a sign of good mental health. 
 
To continue viewing this article by Erika Boissiere, MFT, click below:
http://www.collaborativepracticemarin.org/cpm-blog/the-positive-outcomes-of-divorce

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

HOW CAN I FIGURE OUT MY POST DIVORCE EXPENSES?

How do I complete the expense portion of the Income and Expense Declaration?  When I will be the one moving out and want it to reflect my true needs?  It may seem scary and daunting when looking at a blank legal form!  Let’s make it easier for you. Here are some tips to help you get it done well.
  • Start by researching rents for the size home in the location where you want to live.  Or if you plan to buy a new home, call a mortgage broker or visit your banker for their ideas of your needs for a down payment, current interest rates, and likely monthly payments. 
To continue viewing this article by Jude Sterling, CPA, click below:
http://www.collaborativepracticemarin.org/cpm-blog/calendar/2015/6/

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

Thursday, June 11, 2015

IS FAMILY LAW MEDIATION RIGHT FOR ME?

The common goals of family law mediation include:
  1. Assisting parties in maintaining a smooth transition throughout the marital separation process,
  2. Assisting clients in overcoming the emotional and legal obstacles they may encounter during divorce, including those involving child custody, visitation, division of assets, support payments, relocation and devising an appropriate parenting plan,
  3. Improving the family structure and dynamics through appropriate communication, and
  4. Serving as a neutral third-party between the parties and the legal system by preparing and filing all necessary judicial paperwork.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

PRE-MARITAL AGREEMENTS

When people get married, California law imposes on them numerous responsibilities and obligations, including community property rights and support rights. A prenuptial or premarital agreement is designed to allow both spouses to protect their separate property more than what is provided under the Family Code. Prenuptial agreements allow for both spouses to protect themselves from the other's debts, occurring prior to, during, or after the marriage. Pre-nuptial agreements may also signify that both parties agree that all debts, assets and property will automatically become shared from the date of marriage onwards, gradually as the marriage progresses over the years, or not at all.

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

Tuesday, June 9, 2015

7 THINGS TO KNOW ABOUT DIVORCING DURING YOUR SENIOR YEARS

Dubbed “gray divorce” by some, calling it quits during your senior years may no longer be a decision that raises eyebrows. The divorce rate for those ages 50 and older doubled between 1990 and 2010, according to a study by Bowling Green State University sociologists.

While remarriages tend to have higher divorce rates, it isn’t only people on their second or third spouse who are seeing their marriage dissolve. The BGSU study published in The Journals of Gerontology found that 48 percent of divorcees were in their first marriage.

If it looks like your happily ever after is ending, here are seven things family law experts say you need to know.

To continue viewing this article by Maryalene LaPonsie:
http://money.usnews.com/money/retirement/articles/2015/04/24/7-things-to-know-about-divorcing-during-your-senior-years

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

COLLABORATIVE LAW PROCESS

Collaborative divorce law can be defined as a family law process wherein the two parties agree to avoid court proceedings and avoid any threats of litigation. The parties attempt to reach a fair settlement by way of a series of meetings, including each party and their lawyer.
Early participation by attorneys allows the participants and their attorneys to use the more positive and effective aspects of good lawyering not often seen in proceedings involving litigation, court intervention and even mediation, such as:
  • Critical and rational analysis,
  • Creative and thoughtful problem solving,
  • Generating multiple options for settlement,
  • Maintaining a positive and cooperative environment for settlement, and
  • Building a foundation for co-parenting, financial security and positive future interactions.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

Monday, June 8, 2015

PROPERTY AND DIVORCE

In California, property obtained during marriage is presumed to be “community property”. This means that both parties are generally entitled to an equal share of the community property assets, unless it is clearly stated in a written agreement that the item is “separate property.” Property that was purchased in another state is “quasi-community property” and for the purpose of dissolution is treated like community property.

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

CO-PARENTING DURING DIVORCE

Cooperative parenting during divorce is the ideal situation, but the reality is that this is sometimes difficult to do. How can you do what is best for the children? What should you do if the other parent is trying to win the loyalty of the kids? The following article has some great advice about cooperative parenting during divorce and how to handle the children.

To continue viewing this article by Gary Direnfeld please click below:
http://www.womansdivorce.com/cooperative-parenting-during-divorce.html

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