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/--