Family Law

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" rowspan="2" width=185 BGCOLOR="#003333" TEXT="#F7F7FF" bgproperties="fixed" background="16dd4c00dduajq.jpg"> <bR> <bR> <bR> <bR> <div> <IMG BORDER="0" SRC="1x1.gif" HEIGHT="17" ALIGN="BOTTOM" HSPACE="0" VSPACE="0" WIDTH="9"><B>       </B><IMG BORDER="0" SRC="1x1.gif" HEIGHT="17" ALIGN="BOTTOM" HSPACE="0" VSPACE="0" WIDTH="17"><B>   </B><IMG BORDER="0" SRC="1x1.gif" HEIGHT="17" ALIGN="BOTTOM" HSPACE="0" VSPACE="0" WIDTH="17"><B>       </B><IMG BORDER="0" SRC="1x1.gif" HEIGHT="17" ALIGN="BOTTOM" HSPACE="0" VSPACE="0" WIDTH="9"></div> <bR> <div> <A HREF="id23_m.htm#a_word_about_divorce" TARGET="TRLX_Middle" TITLE="Family Law"><B>A Word About Divorce</B></A></div> <div> <A HREF="id23_m.htm#a_word_about_custody_and_child_vistation" TARGET="TRLX_Middle" TITLE="Family Law"><B>A Word About Custody and Visitation</B></A></div> <div> <A HREF="id23_m.htm#summary_of_recent_family_law_legislation" TARGET="TRLX_Middle" TITLE="Family Law"><B>Summary of Recent Family Law Legislation</B></A></div> <bR> <div> <A HREF="index.htm" TARGET="_top" TITLE="Law Offices of Mathews Bergen Grier"><B>Home</B></A></div> <bR> <div> <A HREF="mailto:mbglaw@cts.com" TARGET="_top" TITLE="mailto:mbglaw@cts.com"><B><IMG SRC="01573ce0.jpg" border=0 width="115" height="206" ALT="E-mail MATHEWS BERGEN & GRIER" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></B></A></div> </td> <td valign="top" colspan=2 height=60 BGCOLOR="#FFFBF0" TEXT="#080000"> <div> <I>Family Law</I></div> <div> </div> </td> </tr><tr> <td valign="top" height=420 width="100%" colspan=2 BGCOLOR="#FFFBF0" TEXT="#080000"> <div>  <A NAME="a_word_about_divorce"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>A Word About Divorce (Dissolution of Marriage)</div> <bR> <div>      Contrary to popular belief, a divorce (dissolution of marriage) proceeding is very similar to any other type of lawsuit. One person files suit against another person. In a divorce you are suing for termination of your marital status and to resolve related family and property issues. Like any other type of lawsuit, you may have to go to trial. If so, you will be able to testify on your own behalf, as well as call witnesses, expert or otherwise, to assist you in presenting your case. Your spouse will also have the same opportunity. In addition, you may be allowed to present other types of relevant evidence to the court. </div> <bR> <div>      Needless to say, taking a case to trial is an emotional and financially draining episode. Attorneys' fees usually double or even triple if a matter goes to trial. The client has to expect to pay not only for the attorney's time actually spent in court, but also for trial preparation time, which is often twice or three times the time spent "in trial". </div> <bR> <div>      Obviously, it is often beneficial for all concerned to settle a case whenever possible, thus eliminating the necessity of trial. However, settling in a case is difficult for both sides because of a reluctance to compromise on what each wants. Each often feels that if "the other side" gets something which appears beneficial, then the other side is "winning." This is the most common misconception for clients; indeed, there never are <U>any</U> winners in a divorce proceeding. </div> <div>      </div> <div>      The primary purpose of a divorce proceeding is to terminate marital status; establish custody and visitation; establish support; and divide the community assets and liabilities in an "equitable" fashion. The courts no longer consider "fault" in a divorce proceeding. That is, the judge makes no determination as to who is the bad spouse or who is the good spouse, for indeed for sound legal reasons they simply don't care. You have to remember that each hearing and the ultimate trial of your divorce is only one of many that the court will handle that same day. The decisions the court makes regarding the division of your property, assets, liabilities, etc., will affect you for the rest of your life, yet, the Judge may only spend as little as twenty (20) minutes in rendering "an informed" decision. </div> <bR> <div>      Therefore, generally, it is much better to try to settle matters between you and your spouse (via your lawyer if need be), than it is for some stranger in a black robe, who does not know you, does not know your spouse, or your children, to make those decisions for you. </div> <bR> <div>      As your advocate, your attorney will do everything possible to obtain the very best results possible in your divorce. Please be advised that whenever you walk into a courtroom you run a risk. You run the risk you will do worse than if you had settled the case; you may do better. Unfortunately, there is no way to accurately predict the odds either way. If we lawyers could predict what would happen, we would be fortune tellers, not lawyers. </div> <bR> <div>      We hope you keep in mind all of these issues when considering settlement suggestions or proposals, both from your side to your spouse and from the other side to you. Even modest flexibility will be rewarded by stress reduction and lower attorney fees (and maybe even lower court costs). It might even make you feel better! </div> <bR> <div>  <A NAME="a_word_about_custody_and_child_vistation"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>A Word about Custody and Child Visitation</div> <bR> <div>      <FONT SIZE="4" COLOR="#000000" FACE="Arial" >The area of custody (and visitation) is the most emotional, expensive, and time-consuming part of a divorce proceeding. To complicate matters, clients often are frustrated when the court fails to consider certain facts which they may feel are important (such as that the opposing spouse's step-cousin sells drugs, things which the law call “irrelevant” to the issues).</FONT></div> <bR> <div>      In a divorce proceeding, one of the parties is generally awarded “primary physical custody” of the minor child[ren]; with the other party being awarded “visitation rights.” Despite your possible feelings about your spouse, the courts start with the premise that <U>both</U> parents are entitled to an equal amount of time to bond with their children. (The fact that your spouse may have cheated on you; or squandered the family fortune; or never paid much attention to the children in the past is irrelevant.)</div> <bR> <div>      The court's primary focus is the “best interest of the minor child[ren],” an uncertain standard at best. When two parties each wish to have primary physical custody of the child[ren], you have what is known as a custody battle. Here, the court usually employ experts, (psychologists), paid for by the clients, to help them in determining which parent will <U>best</U> suit the interest of the child[ren]. There is no way to accurately predict what an expert may recommend to the court or how the Court will view what are often wildly diverging expert opinions.</div> <bR> <div>      Interestingly enough, the decision will rest with a person who does not know who you are; who your spouse is; who your children are; or anything much about your case. That person is called the Judge and he/she will decide who gets custody of your children. That is, the judge must make the decision unless you are able to work it out among yourselves.</div> <bR> <div>      Needless to say, this is difficult. Generally the reason people get divorced is because they do not like their spouse, often because of prior difficulties in communication, sometimes even about the children. It is therefore difficult to expect clients to settle their problems regarding custody, when they are barely (or not at all) able to speak to each other. But if you want to minimize the risk, settle you must.</div> <bR> <div>      Certainly, there will be times when you will have no alternative but to go to trial. However, trial should always be treated as the “last resort.” The attorneys at Mathews Bergen & Grier are experienced in negotiating and trial work and can help you attain what is in the “best interest” for the children. Advice as well as advocacy are what we “sell”. We believe our product is of the highest quality and that you should or the most part accept advice on those subject where we have the most experience. Likewise, we will both seek and accept your recommendations and direction. All we ask is that you listen with an open mind to the information we can and will give you based on long experience and substantial legal training. We look forward to helping you in this most important area.</div> <bR> <div>  <A NAME="summary_of_recent_family_law_legislation"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Summary of Recent Family Law Legislation</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Eliminates placement preferences for foster and adoptive families that share children's racial and ethnic backgrounds.<FONT SIZE="2" COLOR="#000000" FACE="Arial" > </FONT></div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Reduces the time period for commencing an action to set aside an adoption order.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Requires courts to grant motions for reconsideration of custody orders on the basis of a parent's conviction for making false accusations of child abuse.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Precludes renewal of notary public commissions and driver's licenses of delinquent support payers.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Eliminates the recording requirement for modified judgments, and requires arrearages statements for district attorney support enforcement.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Establishes a new procedure for the discovery of information about income and benefits provided by an employer.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Permits a spouse who is the intended murder victim of the other spouse to obtain additional community property and an exemption from support payments.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Creates a new "affidavit of contempt'' form, and eliminates filing fees for enforcement of domestic violence protective orders.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Requires court interpreters in Domestic Violence Prevention Act proceedings.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Creates a new statute of limitations for recovery of damages resulting from domestic violence.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Prohibits trial courts from issuing mutual protective orders absent a finding that both parties acted as aggressors and neither party acted in self-defense.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Allows municipal court judges to issue ex parte protective orders, and permits long-term renewal of domestic violence prevention orders.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011800000000.png" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Permits the mutual waiver of the final declaration of disclosure in dissolution proceedings.</div> </td> </tr></table></body>