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/--

Warning Signs of an Abuser

The warning signs of an abuser are often easy to dismiss. While you may think that your husband is just "hot-tempered", his actions may be giving you clues to something more. The following article points out some of the characteristics of a potentially abusive man, and why you shouldn't lightly dismiss the signs.

Break the Pattern of Abusive Men

Women who get involved with abusive men are typically those who had abusive childhood home environments. This kind of upbringing tends to normalize abusive behavior in all relationships. What this means is that women from this kind of a background are not as keen to the subtleties of abuse the way “healthy” women are.

On a positive note, there is a silver lining here—all behavior can be relearned, including the ability to recognize early signs of abuse as unacceptable behaviors in a relationship. Once this is learned, a woman will be able to break free from unhealthy relationships with men who are no good for her.
by: Womens Divorce

To read this article in its entirety, kindly click here.


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

IN DIVORCE WHO GETS THE ORGANS?

Dr. Richard Batista’s wife’s health was failing, and so was their marriage. To save them both, he offered to be the kidney donor his wife Dawnell badly needed.

Dawnell recovered, but their marriage didn’t. A few years later she filed for divorce. Now her husband says he wants his kidney back. If he can’t have it, he wants a payment of $1.5 million, the estimated worth of the organ.

Medical ethicists say Batista is unlikely to get either, as it’s illegal to exchange money for an organ and the law is clear that no gift, once given, can be forcibly taken back.

This is a sad story on all fronts. But would it be possible 10 or 20 years from now? As Dubner and Levitt wrote in The Times Magazine, our repugnance toward assigning monetary value to human life has grown, receded, and changed over time.

How long until, and under what conditions, will a market in donated organs become acceptable? Written by: Freakonomics

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

IS DIVORCE CONTAGIOUS??

Maybe. A new working paper finds “that divorce can spread between friends, siblings, and coworkers, and there are clusters of divorcees that extend two degrees of separation in the network.” Rose McDermott, Nicholas A. Christakis, and James H. Fowler relied on a 32-year sample from the Framingham Heart Study for their study. The authors conclude that “attending to the health of one’s friends’ marriages serves to support and enhance the durability of one’s own relationship, and that, from a policy perspective, divorce should be understood as a collective phenomenon that extends far beyond those directly affected.”
Written by: Jon Forest

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

CHILD CUSTODY

You may face child custody issues if you are divorcing, separating or even if you are not married to the child's other parent. A custody order will determine the rights and duties of each parent and who gets to make decisions about where the children live, their education, etc. In most cases, both parents will have an on-going joint custody relationship with the children. Sole management of the children is only given if there would be severe negative affects on the physical or emotional health of the children.

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