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Divorce Practice Resources

November 14, 2007

Standards of Practice for Lawyers Representing Victims of Domestic Violence, Sexual Assault and Stalking in Civil Protection Order Cases

These Standards of Practice (2007) are available online from the American Bar Association, Commission On Domestic Violence. Adopted by the American Bar Association House of Delegates in August 2007, these black letter Standards of Practice are intended to improve the quality of legal representation of victims of domestic violence, sexual assault and stalking; to enable lawyers to effectively, ethically, and holistically represent victims in civil protection order cases; and to raise awareness about the need for high-quality representation for victims of domestic violence, sexual assault and stalking in civil protection order cases. Our hope is that the Standards (and additional commentary) will be integrated into trainings for new and/or pro bono attorneys representing victims in protection order cases and provide guidance for organizations advocating for victims of domestic violence. Download StandardsBlackLetter.pdf

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10 Myths About Custody And Domestic Violence And How To Counter Them

From the American Bar Association, Lawyers who represent victims of domestic violence in custody matters often encounter these common myths. This one-page tip sheet provides facts and recent statistics for use in litigation.Download custody_myths.pdf

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October 16, 2007

Lawyers Are Using Social Networking Sites

Check out Beyond googling: More and more, lawyers are using social networking sites as litigation tools at Indiana Law Blog. We routinely Google. Guess it's time to get with the times and add Facebook and MySpace.

October 08, 2007

National Center for Missing & Exploited Children Announces Creation of an Attorney Manual for Litigating Hague Convention Cases

The National Center for Missing and Exploited Children announces:

The International Missing Children’s Division of the National Center for Missing & Exploited Children is very pleased to announce the creation of a practitioner’s guide to litigating Hague Convention cases. The manual, “Litigating International Child Abduction Cases Under the Hague Convention,” was prepared by the law firm of Kilpatrick Stockton LLP and is a valuable resource for all attorneys litigating Hague Convention cases in U.S. federal or state courts. The manual provides guidelines and relevant case law relating to litigating a Hague Convention case for the return of or access to a child.

The manual is online.

September 26, 2007

Divorce Planning Tip - Securing Communications

From Shannon Cavers at Houston, Texas Divorce and Family Law Attorney Blog:

An important question I ask of all clients is whether they have a secure e-mail address and a "safe place" to receive mail from my office. When spouses are in the beginning phases of the divorce process, accidentally alerting the other spouse to divorce plans can have a negative impact ranging from tipping one's hand early too early or up to and including domestic violence in extreme cases.

If you plan to correspond with your attorney via e-mail, make absolutely sure that your spouse cannot access your e-mail account. You might consider changing your password or opening a new e-mail account.

In terms of "snail mail," you might consider renting a PO Box through a United States Post Office location or a private company such as the UPS Store, or Mailboxes, etc. This is an inexpensive way to make sure your confidential communications with your attorney are not compromised.

May I add dialing *67 before the phone number when the lawyer or staff member returns the call of a prospective client?

September 04, 2007

Jefferson County, KY Pro Se Divorce Forms Now In Use

Jefferson divorce packets cut costs is the headline of Jason Riley's front page Courier-Journal story this morning, online here. Over 600 people have started using the forms. As we reported here last spring, Hon. Stephen M. George, Chief Judge, Jefferson Circuit Court, Family Division, was the 2007 recipient of the 1st Annual Family Court Judge of the Year Award presented by the American Academy of Matrimonial Lawyers Kentucky Chapter. Judge George was honored for his efforts in addressing the needs of pro se litigants, inter alia.Judge_george_aaml07
Steve Kriegshaber, CLE Chair, presented the award to Judge George.
Beyond helping individuals who cannot afford a divorce, these forms will hopefully help our courts process those cases of individuals proceeding without counsel. People who don't know what they are doing are contributing to the backbreaking clog in our judicial system. Kudos to Judge George and to Melanie Straw-Boone, Chair of the Louisville Bar Association Pro Bono Consortium, who spent long hours with her group developing the forms. Melanie_strawboone


Perfecting Your Role As An Attorney

Robert J. Durst, Chair and Shareholder of Stark & Stark's Divorce Group (NJ Law Blog) and active AAML Fellow, authored the article Perfecting Your Role As An Attorney, for the August 13, 2007 Family Law supplement of the New Jersey Law Journal, online here. The short article is a great trial practice primer/reminder for those family law practitioners lapsing into less than stellar advocacy.

June 13, 2007

Interstate Modification Of Child Support

The child support "goddess", Laura Morgan, has a helpful article on her website Child Support Guidelines about interstate modification of child support which you can find here.

June 04, 2007

The Family Lawyer's Guide to Stock Options

The ABA has just published The Family Lawyer's Guide to Stock Options by Lester Barenbaum, Walter Schubert, and Robert Feder
Here is the ABA's description of the book:

From valuation to taxation and distribution, "The Family Lawyer's Guide to Stock
Options" provides practice-focused guidance on handling all issues involving
employee stock options in a divorce case.

This handy resource explains the terminology and valuation criteria when a
divorce involves stock options, beginning with how and when they are considered
marital property. Valuation is critical, and the book explains the assumptions
made in valuation and how those assumptions are validated. Other topics covered
include:
- Employee tax liability resulting from the exercise of stock options
- Taxation differences between incentive stock options (qualified) and
nonqualified options
- Impact of new tax rulings on the net proceeds from exercise of options
- Methods of distribution

"The Family Lawyer's Guide to Stock Options" also covers how they are used as
income for alimony and child support cases, including a review of major court
cases. It also covers using a constructive trust to manage the use of employee
stock options as part of child support.

This book includes helpful appendices and materials to further explain employee
stock options, including:
-- 50-state survey of all reported stock options cases
-- Sample provisions for property settlement agreements
-- Comprehensive discussion of tax ramifications
-- Discovery checklist
-- Nationwide court decisions for child support and alimony
-- Glossary
-- CD-ROM with appendices, including sample language, checklists, and charts
May 2007, 144 pages + CD-ROM, 6 x 9, paper, ISBN: 978-1-59031-790-7

Review the Table of Contents here.

Price: $59.95 for ABA Section of Family Law members / $69.95 for nonmembers. To
order online, please click here.
To order by phone, please call the ABA Service Center at 1-800-285-2221 and request product code 5130147.

You might also be interested in:

** "How to Build & Manage a Family Law Practice" --


** "The Military Divorce Handbook" --


** "The Complete QDRO Handbook, Second Edition"


May 25, 2007

Preparing For Divorce

Alabama Family Law Blog posts a series of articles about preparing for divorce:
Step 1 - Find a Wise Guide
Step 2 - Make an accounting of the family finances
Step 2A - Determine what you own
Step 2B - Determine what you owe
Step 2C - Determine Income
Step 3 - Make photocopies of all the financial records
Step 4 - Prepare a budget (or two)
Document & Safeguard Personal Property
Step 6 - Establish your own credit
Step 7 - Assess the Financial Accounts
Step 8 - Address the Credit Accounts
Step 9 - Avoid additional debt or major purchases
Step 10 - Stay Put (until further notice)
Step 11 - Keep a diary


May 08, 2007

KATA Domestic Law Section

Having dedicated family courts has increased the number of lawyers who are proficient in the substantive areas of family law. However, as more cases are successfully mediated and fewer family law attorneys acquire trial skills before juries it is more difficult for family lawyers to develop litigation expertise. That fact makes the new Domestic Law Section of the Kentucky Academy of Trial Attorneys (soon to be Kentucky Justice Association) a welcome and timely addition to our professional development opportunities.

The current officers are:
Section Chair: Nancy Collins, Hazard
Vice-Chair: Jennifer McVay Martin, Lexington
Secretary: Allen Dodd, Louisville

Committee chairs are:
Membership: Jennifer McVay Martin and Allen Dodd
Legislative: Michael Grabhorn, Louisville
Education: Hon. Elise Spainhour, Shepherdsville
Amicus: John Spainhour, Shepherdsville

Section dues are only $25 and KATA dues vary based on number of years in practice.

Mary Volkerding, Membership Director advises that committee membership remains open and describes these benefits of membership:


Member only listserv.
Quarterly e-newletters with timely and practical information pertaining to domestic law.
State wide networking with other Section members through meetings, CLE seminars and seminar break outs.
Referrals from other trial lawyers.
Increased name recognition.
Identification as a Section member in the KATA Membership Directory and Desk Reference.
Writing opportunities in regular Advocate column.
Political Representation for those that serve to represent families in Kentucky’s courts.
Identification of pro-child and pro-family legislators.
KATA’s history of victim advocacy.
Strengthen professional relationships and increase the quality of representation and conduct in the courtroom.

To that I add the enormous general litigation CLE offered by KATA. To join the Domestic Law section, contact Mary Volkerding at mvolkerding@kata.org or sign up online at www.kata.org.

March 09, 2007

More On Getting A Get: Legislative Relief Sought In Several States

Last year we posted on Getting A Get here. Some quotes from an article by Lisa J. Huriash at the South Florida Sun-Sentinel, and then an editorial opposing.

Observant women need their husbands to grant them a divorce. But some Jewish leaders say angry men are keeping their wives in limbo to get a greater share of money or property or just for spite....(T)he South Florida chapter of the Women's International Zionist Organization, or WIZO, is proposing legislation that would impact the distribution of assets in a divorce if one spouse imposes "barriers to remarriage" that are either religious or secular.

The legislation has one sponsor so far: state Sen. Dave Aronberg, D-Greenacres. If WIZO finds a House sponsor, the issue could be debated in Tallahassee in March.

"This to me is not a religious issue as much as it is a fairness issue," Aronberg said.

New York has had what is known as a "Get Law" since the early 1980s. It provides that a civil divorce will not be granted unless all impediments to remarriage have been removed. Legislators in Maryland are considering a similar bill.

Others with get laws include Scotland, Canada, England and South Africa. In Israel, where the religious courts have enforcement powers, men who refuse to give a get can lose a driver's license, the ability to hold public office, their credit cards, bank accounts and civil service jobs. They can even be sent to prison.

In Israel's most notorious case, a Yemenite Jew spent 35 years in prison until he died, saying he would never give his wife a get. His wife was 65 when he died and she married a month later, said Sharon Shenhav, a Jerusalem-based women's rights lawyer.

"The problem exists in every Jewish community in the world," she said. "When you're getting divorced, people aren't usually too happy with each other and there's a lot of anger." She said a man holding out on the get "is sheer blackmail."

To help the women, more rabbis are encouraging couples to sign a pre-nuptial agreement containing sanctions for not signing a get, said Rabbi David Lehrfield, of the Young Israel synagogue in North Miami Beach, and some are even refusing to marry couples unless both sign.

In addition, some Jewish newspapers publish the names of men who refuse to give their wives a get in an effort to embarrass them into compliance. For example, on Feb. 9 The Jewish Press, a national newspaper, published the names of nine men who had been ordered to give their wives a get dating back to 2002.

Also, the Jewish Orthodox Feminist Alliance in New York began a telephone support program this past fall, said Batya Levin, the co-chairwoman of the Agunah Task Force. "It's hand holding," said Levin. "Women in this situation get to feel so lonely."

And Yehoshua Zev, the executive director of ORA (The Organization for the Resolution of Agunot) in New York, said he organizes "social pressure" to the men "to convince them to fulfill their moral, ethic and religious obligation to free their wives."

First ORA appeals to their common sense, Zev said. If that doesn't work, ORA offers to pay the estimated $500 to have a scribe write the get. The next step is supplying names to Jewish newspapers. In a last resort, the group will have men demonstrate in front of his home and work place.

A rally this week is being contemplated for the front of one man's house in south Palm Beach County, although ORA declined to release details about the man. "He hasn't given his wife a `get' for 10 years," Zev said. "We worked it out with the police. The goal isn't to harm the person. It's to educate him he has to do the right thing."



Thanks to Stephen Worrell at the Georgia Family Law Blog for the post Jewish women look to courts to obtain traditional divorce decree which led us to the article.
Here is the editorial Keep state out of synagogue’s business from The Baltimore Examiner Newspaper.

January 26, 2007

New Family Law Scholarship in Print

The ABA Family Law Quarterly, Vol. 40, No. 3, Fall 2006 is now in print. Each article looks well worth reading:
The Intersection of Immigration Law and Family
by Nicole Lawrence Ezer
Assessing Social Science Studies: Eleven Tips for Judges and Lawyers
by Sarah H. Ramsey & Robert F. Kelly
Adults’ Sexual Orientation and State Determinations Regarding Placement of Children
by Michael S. Wald
Perpetuating the Impermanence of Foster Children:
A Critical Analysis of Efforts to Reform the Interstate
Compact on the Placement of Children

by Vivek Sankaran
Executive Compensation: A Divorce Lawyer’s Guide to Certain
SEC and IRS Mandated Disclosure

by Faith D. Dornbrand
To Split or Not to Split: Judicial Divisibility of the Copyright
Interests of Authors and Others

by Francis M. Nevins
Book Review
Equal Protection for Human Clones
A Review of Illegal Beings: Human Clones and the Law

by Kerry Macintosh
Review by Richard F. Storrow

January 23, 2007

Highlights From Other Divorce and Family Law Blogs

There are many family law blogs on the net, some aimed at attorneys and several written for potential clients. I read the ones which have RSS feed to which I can subscribe and the ones that are not self-promotional. Here are some I would like to share with you, with recent posts:
Florida Divorce Law Blog by Janet Langjahr, Boca Raton.
NY Allows the King Solomon Approach to Dividing the House
MI: One Dad Per Kid, Please
International Family Law by Jeremy Morley, New York.
New article on Japan and International Child Abduction
Kansas Family and Divorce Lawyer by Grant D. Griffins, Clay Center, Kansas
Family Watchdog, Finding Sex Offenders
New York Divorce Report by Daniel Clement, New York City
Marital Agreements Will Be Enforced Even If One Spouse Failed to Require Full Compliance in the Past
Oklahoma Family Law Blog by Dan Nunley, Tulsa
Dogs Neglected After Owners Divorce
South Carolina Family Law Blog by Ben Stevens, Spartanburg
Videoconferencing Approved for Use in Family Court
Family Law Prof Blog by Barbara Glesner Fines and Nancy Ver Steegh
Mother Awarded $15 Million
Teaching Resources: Teaching Empathy for Victims of Domestic Violence
Updates in Michigan Family Law by Jeanne Hannah, Traverse City
Can you spell adultery?
There are many others and I am well overdue in expressing my gratitude for the information they provide and for the news I would otherwise miss. Thanks.

January 10, 2007

Second Edition of International Parental Kidnapping Guide Issued

The U.S. Office of Juvenile Justice and Delinquency Prevention announces A Family Resource Guide on International Parental Kidnapping . It offers

practical and detailed advice about preventing international kidnapping and increasing the chance that children who are kidnapped or wrongfully retained will be returned. This OJJDP Report offers descriptions and realistic assessments of available civil and criminal remedies, explains applicable laws, identifies public and private resources, and identifies strategies to help left-behind parents recover their children or reestablish meaningful contact with them in another country. It covers important developments in policy and practice since the publication of the first edition in February 2002. The guide also includes a list of recommended readings; a directory of related resources, including Web sites; a Hague Convention application, with instructions; a checklist for parents involved in non-Hague cases; and an index.
Save it; it is a good article to have at your fingertips when a call about an international parental kidnapping comes to you. Or, do as I do and come back here and check the categories when you "know you saw that somewhere."

January 03, 2007

Internet Research Digs Up Private Matters

Carole Levitt and Mark Rosch, authors of The Lawyer's Guide To The Internet, have a lenghty article published at Law.com last week, Internet Research Digs Up Private Matters, covering private facts that are public record and general investigative tips. As some may recall, this tech duo presented The Cybersleuth's Guide To The Internet in Louisville last June.

Digging Deeply Into Matrimonial Data Mining

Part Two of Digging Deeply Into Matrimonial Data Mining, reprinted from the Matrimonial Strategist, is now available online at Law.com.

December 13, 2006

First coaches for lawyers, now coaches for the clients of the lawyers

First coaches for lawyers, now coaches for the clients of the lawyers is the title of a post from Idealawg.
"Most of us are familiar with the idea of lawyers hiring coaches to help them with goals in business development or time management or career navigation. But how about clients hiring coaches to help them through the legal process? Clients are hiring coaches in Memphis: Attorneys refer clients to divorce coaches for guidance on smooth ending to marriage (subscription may be required)."
"[A] new trend in divorce law borrows from the emerging practice of executive coaching to help guide both parties through the process, if not more amicably, then more efficiently."
"For four years, family lawyer Miles Mason of Crone & Mason has recommended coaches to his clients. Divorce coaches are typically mental health professionals but they do not act as therapists nor, of course, do they give legal advice."
"The word coach (is used), in terms of going to a professional that has expertise in a particular area of life, is a trend," Mason says. "These days people have more money, they recognize weakness more, value good advice and are generally more self-aware. People understand if you pay a little more for some good advice, you can avoid some common pitfalls."
Locally we use often use coaches in interdisciplinary collaborative divorce practice. It will be interesting to see if the practice takes hold in litigated cases. Mental health professionals can serve a valuable role in keeping the client's actions consistent with his or her goals in litigation, and clients may get better value for their dollars having a mental health pro doing the hand-holding through the process.

October 30, 2006

Is He Cheating On You? -- 829 Telltale Signs

Now I read there is an infidelity expert. What will they think of next? Spying on Your Cheating Spouse Could Be Against the Law is the title of an article by Ruth Huston which advises people they can find out if a spouse is cheating by reading her book.
"Infidelity expert Ruth Houston is the author of Is He Cheating on You? -- 829 Telltale Signs and the founder of www.InfidelityAdvice.com She is frequently called on by the media to comment on high-profile infidelity cases and popular infidelity issues in the news, and she has been quoted in the New York Times, the Wall Street Journal, the Los Angeles Times, the New York Post, the Chicago Tribune, Cosmopolitan, the Toronto Sun, the Houston Chronicle, New York Newsday, the Christian Science Monitor, Crain's New York Business, MSN Lifestyle, iVillage, , Newhouse News Service, UPI, Reuters, Entertainment Online, Hollywood Heat, Univision Online and numerous other print and online media.
Houston has been a guest on The Today Show, Good Day New York, Telemundo, Ireland's Late Late Show, BBC, CBC, 1010WINS, Court TV Radio, the Mike Gallagher Show, TalkAmerica, Sirius Satellite, Radio, CN8 and more than 270 other radio and TV talk shows in the United States, Canada, Europe, South America, New Zealand, Australia and the Caribbean."
Huston appears to be a writer; no mental health qualifications appear on her bio.

October 16, 2006

Family Court Forum

On Friday, October 20, 12-1, the Jury Assembly Room, Judicial Center, Louisville, KY is the place to be for the Jefferson Circuit Court, Family Division Forum. These periodic forums are invaluable exchanges between the family court bench and bar. There's always some news and a genuine feeling that feedback is appreciated.

October 11, 2006

Fifty Ways NOT To Leave Your Lover, And If That Doesn't Work, Good Mental Health Tips

J. Benjamin Stevens at South Carolina Family Law Blog posts today the last of a weekly five-part series, 50 Ways Not To Leave Your Lover, written by Dr. Trey Kuhne a pastoral counselor and licensed marriage and family therapist with Pathways Pastoral Counseling in Spartanburg, SC. In the final post, he links to the first four.
Ben often writes about mental health issues in marriage and divorce. Some of his other recent posts are Talking to Kids About Domestic Violence, An Emotional Survival Guide For Teens, Part One and Part Two, Effect of Divorce on Mental Health of Children, Children Need Their Grandparents After Divorce, and At What Age Can a Child Hear Details of Your Divorce.
Although South Carolina based, most of his posts are worthwhile reading for professionals everywhere who deal with families and children.

September 26, 2006

Bones Of Contention: Custody of Family Pets

Ann Hartwell Britton has published an article entitled “Bones of Contention: Custody of Family Pets” in the Journal of the American Academy of Matrimonial Lawyers, Vol. 20, 2006, No. 1.
“This article addresses the determination of pet custody after the dissolution of a relationship. The circumstances present conflict analogists to child custody cases: physical placement, visitation, and financial support (which has come to be called petimony) are all at issue. Part I examines the case law that informs this issue. Part II demonstrates that public sentiment conflicts with the law’s traditional view of pets. Part III shows that the law’s view of animals is internally inconsistent, in that it does not always treat them as property. Accordingly, making a change in deciding these cases less a departure from precedent than courts seem to feel. Part IV proposes an approach to determine the placement of pets.”

Besides learning a new word (petimony), I found Britton’s point system for examining who took primary responsibility for obtaining and caring of the pet interesting. She also proposes awarding points to the party who prospectively may have better living arrangements and to where the children will be living. (Kids and dogs go together.) The party with the highest number of points wins custody of the animal.

“In sum, public sentiment and conflicting law require that courts modernize their approach to pets when they assist couples in resolving disputes over pet ownership.
The point system avoids the complications of equating pets with children but provides an alternative to maintaining the fiction that pets are the equivalent of household goods.”

Challenge: Name me a divorce court which has the judicial staffing to add pet custody trials to it docket. Question: Who is going to ask the legislature to fund pet court?

September 22, 2006

Is It Important Who Files Divorce Petition First?

When clients ask whether it matters who files for divorce first, we generally say that divorce lasts a long, long time, and no one should file first to get a leg up. We may add that if a case goes to trial, there is a school of thought that the rule of primacy favors a petitioner who is allowed to present his/her case first and generally gets the last word. But the vast majority of cases settle and this tiny advantage in no way should influence whether and when a divorce petition is filed. So, it was interesting to see the Georgia court realign the parties to a divorce, so that the party with the greater burden of proof was substituted as the petitioner. Georgia still has jury trials in divorce last I heard, so that may make it more important there, but there does seem to be some soundness to the idea. For example, when there are substantial nonmarital claims, and all property is presumed marital, perhaps a motion to realign the parties could substitute the party with the higher burden as petitioner. Family Law Prof Blog has a post and link to the Georgia case.

September 12, 2006

More Kentucky Family Court Links

Yesterday we posted the new Rules of Practice of Jefferson Circuit Court, Family Division and its new website. Today LawReader posts links to:
Other Kentucky Court Family Law websites
Administrative Office of the Courts forms available online
A link to the local rules of practice of all Kentucky Courts with Family Divisions
Divorce Education programs throughout the state

September 10, 2006

Kids & Divorce: For Better or Worse

Thursday, September 14, at 10p.m. on PBS, Kids & Divorce: For Better or Worse will explore what parents and the legal system can do to minimize the negative impact of divorce on children. The one-hour television special will look at innovative approaches to divorce education, debate whether current custody laws should be changed, and will offer advice from experts as to how families can communicate, co-parent, and heal. It should be worth watching.

September 09, 2006

Trial Practice Tips

My Trial Blog is chock full of trial practice tips. Check out some of the recent posts:
Oops! I Forgot to Object!- Or, How Not to Lose your Appeal at Trial
Direct Examination Doesn’t Have To Be Boring
PowerPoint Examples from Leading Plaintiff's Lawyers
Opening Statement Tips...
Good Deposition Tips
Mitch Jackson, the editor, says "The purpose of MyTrialBlog is to provide all trial lawyers with a one-stop resource to share their trial tips and resources. Whether you are a brand new attorney or seasoned trial veteran, this site is your tool to use, add to, and generally benefit from. Do you have a good "how to" trial related article, tip or resource you would like to share with other attorneys who read this blog? If so, please forward it to MyTrialBlog.com for review and possible posting. Posted articles will include a resource line with your name, contact number and link to your web site."
Trial practice is trial practice, regardless the type case. As former Jefferson Circuit Court Judge Rebecca Westerfield (whatever happened to her, anyway?) was fond of saying, any lawsuit involves a statute and/or case law and a set of facts. Apply the law to the facts. If you do that and know how to try a case, you will do fine. Alternative dispute resolution is very much favored these days in divorce, with good reason. But, some cases just don't settle, so it is imperative to all divorce lawyers to keep studying trial practice. Blogs are making this cheap (free!) and the opportunities plentiful.

September 07, 2006

A New Divorce Book For Very Young Children

"Chocolate Pudding Brings Peace of Mind!" is the most recent post of Lawrence King of Colorado Divorce Mediation. It's a nice blog that has been dark over the summer. We are pleased to read this new book review. The ABA has a new handout for children of divorcing parents, too, but this looks terrific for the younger set based on Larry's review:

"As a divorce professional, I don't often fall in love with new children's books about divorce; there are simply too many fine ones already out there. Sandra Levin's Was It the Chocolate Pudding?: A Story for Little Kids About Divorce, however, is a welcome exception, a total delight!
Chocolate Pudding perfectly captures the powerful confusion divorce ushers into the world of a six-year-old boy and his little brother. The boy just knows his mom moved out of their home, suddenly and without explanation — because he smeared chocolate pudding all over his brother one day. After all, he muses, "I was in big trouble mister!" for getting carried away in what seemed like just so much fun.
Levin's picturebook world is accompanied by his reassuring voice patiently explaining to the young reader all these new and complex adult words and phrases:
Explaining' is when you talk to somebody about something so they can understand it, even if that somebody is a little kid.
Differences' is the grown-up word for everybody not liking the same thing and not always getting their way.
Adjusting-to-our-new-arrangement' is what you do when you don't have an ideal situation and it's still okay.
Gorgeously illustrated by Bryan Langdo, Chocolate Pudding's punchline is the boy's huge relief upon discovering it was NOT his pudding antics that led his mom to leave the family. In fact, he learns, he and his brother didn't have a darn thing to do with his family's breakup! (And just to be sure that all kids hearing the story understand: "Relief," he notes, "is the grown-up word for feeling like you're carrying a big heavy book bag and someone takes it off your back."
Levin's premise is that "big stuff like divorce needs some explaining," and Chocolate Pudding is more than up to the task.
Highly recommended for young children (perhaps 2 to 6 years of age) and anyone touched by divorce's sometimes long shadow."

August 02, 2006

Assisted Reproductive Technology: A Lawyer's Guide to Emerging Law and Science

A unique new book from the ABA Section of Family Law --Here's their announcement:

Assisted Reproductive Technology:
A Lawyer's Guide to Emerging Law and Science

By Charles P. Kindregan, Jr. and Maureen McBrien
http://www.abanet.org/abapubs/books/5130139

"Assisted Reproductive Technology" is an up-to-date summary of the emerging
legal issues and solutions in the continuing development of laws on assisted
reproductive technology. As more couples and single people are turning to
assisted reproduction technologies (ART), this book provides a timely and
thoughtful guide to assist lawyers in advising clients and handling the complex
legal aspects involved with these procedures.

The first comprehensive book to examine the legal issues involved in the
complicated and cutting-edge area of collaborative reproduction, "Assisted
Reproductive Technology" covers numerous court decisions while providing expert
analysis of evolving law. The book's scientific overview and analysis of
relevant statutes and cases are essential for attorneys advising and protecting
clients in assisted reproduction scenarios.

The legal issues of ART continue to evolve, and every state has different and
developing laws. Yet these are topics that family lawyers are dealing with
increasing frequency and practitioners need to provide solutions for their
clients. The authors of "Assisted Reproductive Technology" bring both academic
and family law practice perspectives to the book, crafting a clearly written,
easy-to-use, and comprehensive examination of numerous court decisions and
statutes in a single volume.

Among the topics covered are:
-- The right to privacy and ART
-- ART and the Uniform Parentage Act
-- Intrauterine insemination
-- In vitro fertilization
-- Cryopreserved embryos
-- Surrogacy
-- Divorce disputes arising from the use of ART
-- Government regulation of ART
-- Posthumous reproduction
-- Reproductive cloning
-- Standards of care, malpractice, and liability
-- ART contracts and documents

In addition to hundreds of citations, "Assisted Reproductive Technology"
contains selected further readings for each chapter, an invaluable glossary of
ART terminology, and index.

2006, 360 pages, 6 x 9, paper, ISBN: 1-59031-611-8

July 05, 2006

Tips For Family Law Practitioners

Tips for Family Law Practitioners from My Shingle. It links to a National Law Journal report. Mike Stevens came across this on his blog watch and passed it on.
" A multidisciplinary Matrimonial Commission was established in New York State in January 2004 by the state's chief judge, Judith S. Kaye. The commission was asked to look at the processes utilized in handling divorce and custody cases. A report was recently issued by the commission (the report and the appendices with suggested forms can be found on the Internet at www.courts.state.ny.us under the designation Matrimonial Commission). " I saw this report recently but hadn't had time to digest it. Now someone else has, so it's nice to pass it on. The New York research should be helpful to all of our courts as they grapple with processing these cases. And, while the practice tips seem like common sense, sometimes that is all too uncommon!

July 03, 2006

Getting a Get

In several marital settlement agreements we have made provision for the right to a Jewish get as well as detailed who would pay the associated expense. The Jersusaleum Post has a recent article that articulates the importance of a get in Israel and the consequences of the refusal of the husband to consent. Among many U.S. Jewish families, it is also apparently important.

The ABA Family Law Section June, 2006 newsletter links to a listserve thread discussing the differences in gets and practice tips in enforcing them.

June 28, 2006

Stepping Back From Anger

As client handouts go, The AAML's Stepping Back From Anger is the best for divorcing parents. The brochure is available for purchase at a nominal cost ($1 per pamphlet) online.

June 26, 2006

Kentucky Law Blog: KATA to Form Domestic Law Section

Great news from the Kentucky Law Blog! The Kentucky Academy of Trial Attorneys is forming a Domestic Law Section. The organizational meeting will be July 11, 2006, 9:30 am at KATA headquarters. This section will fill a badly needed void in the professional development of family lawyers in Kentucky. No other family law organization has widely available trial skills seminars. The ABA has its great annual Family Law Trial Advocacy Institute, but there is room for only 30 students across the entire country. See Michelle Eisenmenger Mapes' posting about last month's Institute. The American Academy of Matrimonial Attorneys offers terrific substantive CLE and an Associate's Institute, but the requirements for membership are rigorous, the CLE expensive, and other than the one seminar in Chicago for newbies, little trial practice skill development is available. With the exception of exclusitivity, the same is true of ABA family law education. While the best domestic lawyers will always encourage settlement and work hard to settle cases, the fact is that some cases just have to be tried. It has always been my strong belief that if a lawyer is known as a good litigator, the client of that lawyer will fare better in settlement negotiations.

Kudos to KATA for branching into this much needed area!

June 23, 2006

Protecting Client Confidences and Public Speaking from Dennis Kennedy

Dennis Kennedy writes one of the most helpful law practice management blogs. He has a nice posting up about protecting client confidences, and another this week on public speaking. "1. Know your stuff, 2.Focus on what's really important, really novel or really interesting, and 3. Only speak on subjects you care about to audiences you care about. Number 3 is the most important. As important as knowledge and focus are, passion is even more important. I've seen nervous, tongue-tied speakers muddle through presentations extraordinarily well simply because they obviously felt very strongly and deeply about what they were saying -- so the audience made allowances. When people sense that you really care about and believe in something passionately, and want to convey that passion to them, they will go out of their way to pay attention."
Dennis was quoting from Dave Pollard's post on the ambitiously titled How To Save The World blog. While at first blush it appears to be a tree hugging site, there are well written articles from business to philosophy. There are so many wonderful blogs out there!

June 21, 2006

Continuing Family Law Education

The ABA Family Law Section has new CLE on CD:
Military Pension Division: Crossing the Minefield
Assisted Reproduction and Alternative Families
Family Law Attorney's Guide to Divorce Related Tax Issues
Discovery and Admissibility of Mental Health Records in Custody Disputes Disputes
Evidence in the Family Court Setting: Unique or Universal?
Ethical Issues in Representing Children in Custody Proceedings: Super-Parent, Potted Plant, or Something in Between?
The ABA Family Law Section also has some new books:
The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families
Assisted Reproductive Technology: A Lawyer's Guide to Emerging Law and Science

June 16, 2006

Searching Federal Government Websites

Find useful tips on searching federal gorernment websites, from the Indiana Law Blog.

June 14, 2006

Till Debt Do Us Part

The San Francisco Family Law Blog reprints an article from Gannett, Till Debt Do Us Part. "Which financial issues most often cause strife? Spending too much and saving too little, according to couples who responded to a USA TODAY/CNN/Gallup Poll in March....Making matters worse is that couples don't talk much about money before committing to each other. Nearly two-thirds of married couples who responded to USA TODAY's poll said they talked little or not at all before the wedding about how to combine their finances."

That is part of the reason the AAML has launched its Forcus On Forever initiative. This 43-page workbook is designed for those entering long term, committed relationships, to develop skills needed for success. Created with Academy Fellows, along with two nationally recognized psychologists and a CPA-CFP. it includes vignettes, exercises, budget worksheets and suggested readings. It's available for purchase though the AAML for $11.50.

June 13, 2006

Move Away Cases; Relocation Remains Such a Problematic Area of Family Law

After many years of study, The American Academy of Matrimonial Lawyers published a Model Relocation Act, for consideration by state legislatures in 1997. Shame on us for waiting on our courts to adopt on a case by case basis standards for removing children from the locale of a parent. We need to get this into the hands of all our senators and representatives and urge its priority for consideration. While shaping the law on appeal is great fun for advocates, too many interested, good, and willing parents in our mobile society will never be able to raise their children as we flesh this out over decades in the appeals courts. It's time for legislative action.

June 12, 2006

Representing Children: A Resource

Steven Kriegshaber, Louisville attorney, and a past president of the Kentucky Chapter of the AAML, serves on the national AAML Special Concerns of Children Committee, and helped author a publication, REPRESENTING CHILDREN: Standards for Attorneys & Guardian Ad Litems in Custody or Visitation Proceedings. Published several years ago, it advocates that GALs not make recommendations to the court. As with all AAML publications and positions, much study and deliberation uas undertaken before it was released. He also wrote "Representing Children in Divorce Litigation,'' The Advocate, July/August 1997 . The AAML publication remains available for purchase online. The cost? $10.

June 10, 2006

Guardians ad Litem

Magaret Dore's article, Court Appointed Parenting Evaluators and Guardians ad Litem: Practical Realities and an Argument for Abolition, makes a good case for such professionals not providing opinions on the ultimate question to the court. In Kentucky divorce cases, there is no authority for the court to even appoint a GAL, of which I have ever been persuaded, yet it is done all the time. (Comments disagreeing are strongly encouraged. If I am unjustly criticizing the status quo, I will be the first to set the record straight.)

Adding to her reasons stated in the article, in an online discussion, Margaret said, " Also, I want to clarify, that I would not abolish an "attorney" for the child in the appropriate case. But the evaluators and best interests attorneys are essentially "mini courts," without the procedural protections.

Another way to look at it. Your own self-interest as a middle-aged to older person with money. If we do not get rid of these court surrogates in child custody, we risk facing them ourselves in the guardianship arena (railroad to guardianship/conservatorship--I see it all the time)."

Thanks, Margaret for permission to print and comment. Read on for a summary of Margaret's suggested objections to such appointments. While not KY specific, you'll get the idea.

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