Divorce Law Journal

Lawyers Take Legal Debates Online

Lawyers take legal debates online is the story by Brandon Ortiz published today in the Herald-Leader about Kentucky lawyers authoring law weblogs.
Kentucky Law Blog has an excellent post, Herald Leader Story Addresses Growing Law "Blogs" , speaking well for all of us interviewed for the article, of our fears in submitting to an interview by the mainstream press:

I thought that those of you who have not been placed under the reporter's microscope might enjoy reading about some elements behind the story.

Brandon contacted me last month for an interview about the growing development of law blogs within the state, and to show the breadth and diversity of this growing field, he expanded the story to include several other of Kentucky's on-line legal writers who also allowed themselves to undergo the scrutiny of the main stream media. This allowed Brandon to come to our table and get a taste of the diversity in legal "blogging" and writing.

Present at the interview were myself (Michael Stevens - www.KentuckyLawblog.com and www.KyCases.com), Diana Skaggs, and Stan Billingsley. Unfortunately, Ben Cowgill had a previous commitment and was not present in person, but present in spirit. I thank Brandon for following up the interview and discussing the ethical issues behind blogging with Ben.

I will confess that I was initially apprehensive when Brandon called me for the interview, and I was thankful he expanded the scope to include the others since there is "strength" in numbers. However, my fears were misplaced as he was not only fair and objective but also articulate and personable. I actually enjoyed myself to the point I was probably listening more to my fellow writers than giving Brandon some journalistic fodder for his story. Oh well.

For those who might not know this, Brandon is the Herald Leader's Supreme Court and "courts" reporter and is the writer behind the Comair Crash stories and others coming out of Lexington. For a list with links of his on-line stories, click here.

I have regularly read his stories on-line (and through my RSS feed) and was pleasantly surprised that the analytical mind behind those stories was not a lawyer! Most impressive. I was amazed by the depth and perception he had of the law.

Being interviewed by the press when you have no "real" control on the outcome is somewhat daunting. Brandon "done good", and I can understand why the lawyers and members of our judiciary hold him in high regard. His respect for the law and justice was evident in his questions and his listening.

Although I am a lawyer who poses as a journalist, I learned from this process that on-line legal writing is more than just timely, quick and responsive, but allows the pen to be truly mightier than the sword. We have our own medium to defend the remarks made, so let us not forget that Brandon entered this foray with some vulnerability of his own as well with the risk that the three interviewees might respond to his remarks on-line. His written word was neither final nor irrebuttable.

For those who read our postings regularly, you know that this project does not exist solely through my efforts. I just seem to be the cook that combines all the fine ingredients provided by other lawyer volunteers. To continue giving credit where credit is due, I thank them again - those who are helping now, and those who have helped in the past. Click here for our "numbers" and our "writers".

Due to constraints on space (and the fact that three lawyers can overload a reporter's notebook in minutes), most of our remarks did not hit the print. Again, the decision digests are not mine and mine alone. We are not devoid of political commentary, but concentrate on that which affects the practice of law. For example, the judicial elections, the merit system investigation, the governor's pardons, the "footnote", the purging of court records, and the crisis of confidence in our courts did not escape our pages. But on the plus side was the fact that lawyers, students, and librarians nationwide have emailed us for legal information and documents that are nearly impossible to obtain unless you are involved in the actual controversey or litigation. When a Columbia law student needed a trial court order for his paper, it was gratifying that an email to my fellow Kentucky lawyers produced a digital copy within the hour (and this is not an isolated case!). I also particularly liked Diana Skaggs' remark that the "blogs" are similar to the office water fountain where we can gather and discuss matters without pressing deadlines and a little less formally.

And as I am writing this post, I just discovered something about this type of writing I never realized so clearly before and that this is more than legal analysis, court commentary, decision digests, and noteworthy news developments, but it is also a rather intimate way of writing. I feel like I am writing each of you a personal letter about something that I feel is important; something that I want to share with a friend; and each of you have taken some time out of your day to care enough to read it. Some even to the point of commenting online. For this, I THANK YOU.

Mike, I agree with all your comments 100%. Mr. Ortiz did a very nice and fair job.
UPDATE: Here are posts from Ben Cowgill's Legal Ethics Newsletter and Stan Billingsly's LawReader regarding the Herald-Leader article.
UPDATE: Marcia Oddi of Indiana Law Blog, the recipient of the 2006 Indiana Judges Association media award, has also posted about this article:

Law - Kentucky Law Blogs surveyed
Brandon Ortiz of the Lexington Herald-Leader has a good story today on the half-dozen Kentucky law blogs - note these are not "political" blogs but, like the ILB, are law blogs. Entries from two of these blogs, and I would consider them to be the leading two, have been featured frequently in the ILB (and are permanently listed in the ILB's right-hand column as resources): The Kentucky Law Blog and the Kentucky Divorce and Family Law Blog.

I recommend the story to you. In addition, both Michael Stevens, and Diana Skaggs, of the two Kentucky blogs mentioned above, have entries on their own sites today with some "behind the scenes" remarks about the Herald-Leader story.

Thanks for the kind words, Marcia.

A Labor Of Love, For The Profession

A Labor of Love sounds a little corny, but those who have been in law for a long time know what it means and it guides much of what we do in the profession of law.
Bar Briefs, a monthly publication of the Louisville bar Association and not available online (yet?) has this as its title for the front page interview with our new president, Tom Williams. The Kentucky Bar Association is the only required membership of Kentucky attorneys, yet the LBA claims an 80% voluntary participation rate, much higher than the 50% norm of voluntary bar associations across the country. Its leadership has made all the difference, and all for a labor of love.
The words rang particularly true to me, as I recently received a beautiful handwritten letter from retired Judge Richard A. Revell, former Chief Judge of the Jefferson Circuit Family Court. We are working on the annual domestic relations update seminar as well as the 2007 update to Kentucky Divorce, a West-Thomson treatise. He said that Alan T. Slyn (the original co-author whose updates I am assuming) always said that updating the book was "a labor of love, for the profession." It went straight to my heart; I know exactly what he meant. It is why we have quality legal weblogs, isn't it? Blogs are just a high tech medium of what fine lawyers have been doing for centuries, as a labor of love.
Good luck and best wishes to Tom Williams; your heart is in the right place and you will leave a good legacy, I am sure.

Executive Perks: It's Now The Golden Hello

Time was, we worried about finding executive perks such as stock options, phantom stock, restricted stock, Rabbi Trusts, and non-qualified retirement plans of divorcing executives. Now, Gilded Paychecks. The Golden Hello is the next frontier. While the New York Times article is not divorce specific, we need to know what is happening in the world of compensation so we know what to ask for and about.

More On Unbundling Legal Services

States Letting Lawyers Provide 'A La Carte' Menu of Legal Services was published today at Law.com.

The change is driven partly by judges and bar associations trying to help the overwhelming number of people representing themselves in court, or appearing pro se.

"It's a response to the pro se dilemma throughout the country: Let's try to get you some help when you need it, when you want it and in a manner that you can afford," said John Norton, a Keene, N.H., attorney who worked on his state's new rules and corresponding ethics rules for lawyers.

About 70 percent of family law cases in Maine and New Hampshire involve at least one person without a lawyer, court officials and lawyers say. The National Center for State Courts says there are no national statistics, but some states and other jurisdictions report comparable numbers, especially in family law and probate cases.

Timely followup to our post Some Pro Se Litigants Are Not As Divorced As They Thought They Were.

Some Pro Se Litigants Are Not As Divorced As They Thought They Were

From the LA Times: Do-it-yourself divorce doesn't always sever ties.
"When Yanic Chan and Vanessa Van split up in 1995, they couldn't afford a lawyer. So, like thousands of other people without money, they filled out the divorce paperwork themselves, with help from a friend.
In November 1997, Van went to the Riverside County Courthouse to enter a final judgment. 'The clerk put the stamp on it,' Van said. 'I asked, 'Everything finished?' She said 'Yes.'
Chan returned to his native Cambodia and married again. Then, in 2006, he tried to bring his new wife to this country. And that's when Van and Chan got a nasty surprise, one that court officials fear could be awaiting thousands of other former California couples: Their divorce had not been finalized.
Driven by rising legal fees, a shortage of legal aid lawyers and a do-it-yourself philosophy, about 80% of people in California handle their own divorces, according to court officials.
Many of them are not quite as divorced as they think they are. Some of them, like Chan, are even accidental bigamists, carrying not only hopes and dreams but also an earlier marriage to their new one...Many people think divorce is like a traffic ticket and if they fail to take care of it properly, the court will track them down and notify them."
It is not just a California problem, as local efforts at tackling the problem have been reported here and here and here.

More On Sealing Divorce Records

Marcia Oddi at Indiana Law Blog posts today Judge halts public access to Shine divorce papers, linking to the story from the Fort Wayne Journal Gazette. "A special judge has sealed the divorce filings of Allen County Republican Party Chairman Steve Shine." She has reported a number of similar stories over the last few years and links to them at the end of this post. We have reported on sealing/unsealing of divorce files here, but the Florida outrage and secret dockets issue seem far different than the case-by-case closing of select divorce files in Indiana and in other states. Sometimes there are very good reasons where harm to the litigants or their children outweigh the public's right to know.
One thing leads to another, and in digging through Marcia's prior posts I discovered the Reporters Committee for Freedom of the Press, a site worth perusing.

Farewell To Legal Advertising Trailblazer Richard D. Shapero

As we were pondering our past and setting goals for our future, Richard D. Shapero died yesterday at age 63. He will always be remembered for taking the Kentucky Bar Association to the United States Supreme Court, which resulted in a significant opinion striking down bar restrictions on lawyer advertising. Shapero v. Kentucky Bar Association, 486 U.S. 466 (1988) . You'll also find a transcript of the oral arguments online.
A gutsy guy, lightyears ahead of his time, he enjoyed the business side of law much more than the actual practice of law. His forte was bringing in P.I. cases and then farming them out to other attorneys. His trademark, long before other lawfirms thought of tag lines or trademarks, was " I Know The Experts." His early TV ads made traditional lawyers cringe, but he spoke a language lay people understood and they hired him.
A memorial service will be held Wednesday at The Temple in Louisville. I bet the stories about Pin Ball Wizard will be doozies. We've lost one of a kind.

Now That's An Acitve Bar Association

"The 72,000-member New York State Bar Association has listed merit selection of judges, adoption of no-fault divorce and equal rights for same-sex couples as among their key legislative priorities for 2007. " Source: The Business Review

Adoption News Story Much Meatier Than Headline Suggests

"Kentucky looks to speed up adoptions", is the Courier-Journal front page headline reporting on the Blue Ribbon Panel on Adoption meeting in Frankfort yesterday. The online edition link to today's article was not yet available at the early hour of this posting. What an informative and productive meeting it appears to have been. Kentucky State Auditor Crit Luallen, a potential 2007 gubernatorial candidate, presented the results of an audit showing that children removed from homes because of abuse and neglect are waiting for adoption on average three years, longer than permitted by federal guidelines. The year long study makes no conclusions as to whether children are removed too hastily from homes, the issue that caused the panel to be formed in the first place. Mark D. Birdwhistle, chair of the panel stated that there are "pockets of problems" and acknowledged the need to have consistent standards across the state.
Many thoughtful and much needed ideas are being floated to this influential panel and discussed which is very welcome news. For example, yesterday auditor Luallen made recommendations for speeding up the three year wait for the 2000 children currently available for adoption, including creation of a birth father registry. We have reported on such a registry here and announced some new scholarly articles on these issues here.
Chief Judge, Jefferson Circuit Court, Family Division Stephen George and Family Court Judge Patricia Walker FitzGerald also presented to the panel the need for Guardians Ad Litem to be fairly paid and the need for attorneys to be appointed to represent parents at the initial temporary removal hearing. Judge George also said removing the confidentiality requirements of current law in dependency cases would make the family courts more accountable.
UPDATE: Here's the link to the Courier-Journal article by Deborah Yetter.

Blended Families

There is always much printed this time of year about the stress of the holidays. The December 11, 2006 Time Magazine article A Better House Blend is an interesting article on this theme. “Holidays can be complicated for any family, but when children, stepchildren and new spouses are involved, things can get really crazy.” The meat of the article is the research showing that it takes 4 to 7 years for a blended family to knit together. “Children under age 8 blend the fastest, and those between 9 and 11 the slowest, says Sandra Marcias, a professor at the Pacific Graduate School of Psychology in Palo Alto, CA.”
I was also fascinated to read that the Rosen Law Firm in Raleigh, NC has a life transition counselor on staff. We lawyers listen to our clients' angst but they get better for their dollars by talking with a mental health professional. As family law firms morph from solo or small firm practice to larger groups of family lawyers practicing together, I suspect we will see more movement toward interdisciplinary teams.

Comments on Unbundling Legal Services

It is much more interesting to post articles when they stimulate some discussion. The Legal Profession Blog, a member of the Law Professors Blog Network posted the following (you'll have to go to their article to hit their links):
"Update on Limited Representations: "Unbundling" Discrete Legal Tasks
As a follow-up to our posts here and here on "unbundling" and various states' movements toward limited representations, consider this ABA Journal eReport story on the Massachusetts pilot project for family courts we previously noted here. The Louisville, Kentucky blogger Divorce Law Journal urges here that her state consider such a status, especially in divorce court: "Sounds like a promising solution to the courts being overwhelmed with unrepresented litigants," she writes. This was written by Professor Alan Childress at Tulane Law School.
Some of the comments posted to the post Unbundling Legal Services:
"Diana, it sounds like a great way to get sued to me. If there were some sort of qualified immunity built in, then it might work - but then there is another problem.
I can say that I'm tiring of the emphasis on whether the poorer members of the public get good service at a cheap price. Most practitioners need to make money at some of the "gimme" stuff just in order to make a living and maintain the facilities and staffing that litigants need to be available on the hard issues. This would be something that would make a frequently emotionally difficult living even harder. The problem with the proposed a la carte system is that while it might benefit an individual litigant on a short term basis, it will add stress to those who practice in the middle income tiers, in that it will ultimately drive up rates across the board (not to mention the repairs we'll have to accomplish when they

A Number of Interesting Divorce Law Posts

Janet Jangjhar's Florida Divorce Law Blog has a number of very interesting recent posts:
A Close-up Look at Routine Bans on Travel with Children of Failed Relationships
Is There Such a Thing as Gay Divorce Outside Massachusetts?
It’s Never Too Late to Divorce - Well, Almost
Fraud Must Be Proved When It Comes to Claims of Hiding Assets
Digital Evidence Gets Hot in Divorce - Maybe Too Hot

Unbundling Legal Services For Pro Se Litigants

Pro Se divorce litigants are increasing common in family courts, approaching 70% of cases in some areas. The Jefferson County Kentucky Family Court and Louisville Bar Association are assembling forms for these litigants to use. Law.com reports that two Massachusetts family courts are experimenting with lawyers providing limited representation. "Litigants who might have appeared before the court pro se now have the opportunity for limited representation, or unbundled legal services. The Supreme Judicial Court of Massachusetts issued an order in the Hampden and Suffolk divisions of the Probate and Family Court allowing lawyers to represent clients on a limited or one-time basis rather than throughout an entire case." Sounds like a promising solution to the courts being overwhelmed with unrepresented litigants.

Red States, Blue States, Divorce and Illegitimacy

The November Vanity Fair was called to my attention by a friend. I love that magazine, but can't seem to find the time to read it often, so I don't subsribe. I was delighted to find an online link to this article to share. Red State Babylon If the blue states are sinkholes of moral decay, as right-wing pundits insist, how come red states lead the nation in violent crime, divorce, illegitimacy, and incarceration, among other evils? To a bus-riding innocent on Manhattan's stroller-filled Upper West Side, it looks like a case of hypocrisy meets stupidityby James Wolcott, November 2006
"The red states may be more churchgoing than the blue states, but they're no strangers to Peyton Place. The 10 states in the union with the highest divorce rates in 2004 (among the 45 states for which figures are available) were all red! The fireball center of the red states when it comes to getting unhitched is, no surprise, Nevada, whose marriage laws encourage major turnover in the honeymoon suites. What happens in Vegas stays in Vegas, until the spouse finds out, and then it's say hi to your new friend, Al Imony. (A joke, I'm ashamed to say, I saw printed on a Vegas cocktail napkin.) Illegitimacy rates? Once again, the red states can hang their baseball caps in shame. According to the National Center for Health Statistics, of states with the highest percentages of births in 2003 to unwed mothers, 9 of the top 10 were red. Considering how ardently the hard-core Christian right is campaigning against abortion availability and birth control, this percentage could conceivably (no pun intended) rise, giving the red states an added advantage in the birth race. In an essay adapted for USA Today, Phillip Longman, author of The Empty Cradle: How Falling Birthrates Threaten World Prosperity and What to Do About It, noted that progressives have fewer children, and that if demography is destiny: "[This] augurs a far more conservative future—one in which patriarchy and other traditional values make a comeback, if only by default."

Dirty Tricks in Divorce Proceedings

"As soon as the divorce papers are served, the asset shuffling begins. It's amazing what angry spouses try to do--and what they can get away with" is the distressing title of an article the November 13, 2006 edition of Forbes, published online last week.
A correction to the article: the third edition of Equitable Distribution of Property by Brett R. Turner, was published in 2005 and the dissipation section is now up to 69 pages. It is published by Thomson/West.

Judicial Politics: Could Elsewhere be here? And the time for considering judicial appointments is now!

From Kentucky Law Blog, Judicial Politics: Could Elsewhere be here? And the time for considering judicial appointments is now!
"I have heard change seldom occurs without a crisis and seldom without discomfort, but do we need devastation of our judicial landscape before we take the newly added ingredients of political pandering for money and partisanship out of our judicial elections (thanks to the lawsuit by Kentucky Supreme Court candidate Marcus Carey)?
How long do we want a person whom we want to be fair and impartial in dispensing "equal justice for all" to be making personal phone calls to lawyers and potential litigants alike asking for campaign contributions? cultivating a partisan constituency by promoting political party affiliation? announcing positions on abortion, guns, gays, Ten Commandments, and other "hot button" topics that catch the voters' attention and give the impression of their judicial bias before taking the oath to uphold the constitution?
Worse yet, how much longer do we want those judicial candidates who are already sitting judges running for the same or another bench acting in a manner that would otherwise be prohibited if there had been no election?
We currently elect all judges. A constitutional amendment would be required to change elections to some form of an appointment procedure (all or just the appellate judges appointed) with or without a recall procedure and with or without term limits.
Once upon a time judges were senior lawyers with gray hair sharing years of practical experience from the bench. Now many of those gray hairs are being earned while on the bench rather than prior to the bench...
The future of judicial politics may not have reached critical mass, but the foundation of where we are going has been laid and we will be there soon enough. If the concerns do not reach critical in the next two weeks, then they might in the next judicial cycle in four years, or the cycle after that in eight years from now."
Now that partisan party politics can play a legit role in judicial elections, it will be ever more difficult to lobby for such a constitutional amendment. Neither Democrats not Republicans will want to cede their encroachment into the third branch of government, where independence and neutrality is a constitutional cornerstone. The judicial branch may have to fall into crisis and discomfort, as Mike Steven's post suggests, before reform will be forthcoming. It breaks my heart.

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.

Gary Lowen Calls Another "You Piss Me Off" Dinner

It's time for another "You Piss Me Off Dinner." It will be November 14, 2006 at Austin's, near Holiday Manor, Louisville, KY 5-8 pm. As usual, Gary Lowen has solicited a number of attorneys to pay for the dinner and there will be a cash bar. It is always a lot of fun.
Gary Lowen has done more than any other Louisville attorney I know to improve the collegiality of family lawyers. For 15 years he has welcomed all who will travel with him to Mississippi the first weekend of October, to listen to great blues (and experience the civil rights sites), with the larger aim of creating a community among the lawyers. Then, as he thinks we need them, he organizes these "You Piss Me Off" dinners. Originally they were a venue to lay it out to offenders why spending thousands of dollars of client money to prove $200 in additional monthly income which only translates to a 12cent increase in monthly child support is just stupid. Some just have to be told!
As we reported previously, these dinners have turned into lighter affairs and less confrontation actually takes place these days. Yet, I'm sure Gary is thinking about how to remedy that. They are great fun if we are taking others to task, and they are also fun if we are nurturing or establishing friendships.
The LBA has issued a call for nominations for its annual awards, and I urge you to join me in nominating Gary for the Benjamin Shobe Professionalism award for 2006. Nominations may be sent to Kimberly K. Farmer, LBA Executive Director at [email protected].
P.S. Gary Lowen not only lacks a website, but he has no email address and is proud of it. But, he does answer his phone calls!

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.

Church Therapists: Privileged Communication?

The New York Times published an article by Ralph Blumenthal last week about a lawsuit against a church therapist who disclosed the wife's infidelities. The Texas Supreme Court is poised to consider the issue. I breezed by the column a few days ago, but then decided to revisit posting here as I considered that many mega-churches have in-house psychologists who do marriage counseling as well as personal counseling.
"Peggy Lee Penley’s marriage was going sour when she turned to her pastor. They had been friends for years and had started a Bible church together in Fort Worth. He was more than Ms. Penley’s spiritual shepherd, also serving as a licensed professional counselor, and had helped her before.
But Ms. Penley says that after she confided her sexual relationship with another man and her plans for divorce, the pastor, C. L. Westbrook Jr., disclosed her “biblically inappropriate relationship” to church elders. Mr. Westbrook eventually informed the full congregation of the church, CrossLand Community Bible, she says, shaming her publicly and urging members to discipline her by shunning her.
In 2001, Ms. Penley sued her pastor for defamation and negligence, saying he had violated his responsibilities as a professional counselor. Her lawsuit has attracted considerable attention from church groups trying to prevent court intervention in religious matters. The case went before the Texas Supreme Court on Tuesday, and the outcome will once again help define the evolving line between church and state."
Word to the wise: Until the law in this area is sorted out, advise your clients to be careful in whom they confide!

Contributing To Judicial Campaigns

In the wake of The New York Times Sunday October 1, 2006 front page story Campaign Cash Mirrors a High Court's Rulings, reprinted in The Courier-Journal Judicial Campaign Ethics Questioned, it's time to talk about Citizens For Better Judges. Non-members may subscribe to its principles, make contributions to it, and refuse to contribute directly to any judicial campaign. CBJ makes endorsements in Jefferson County, Kentucky judicial races and publicizes its endorsements.
What is Citizens For Better Judges?
"Citizens For Better Judges was organized in January, 1983, in an effort to maintain and improve the quality of the judiciary by promoting the election of only the most highly qualified judicial candidates. It consists of a 27-member Steering Committee made up of lawyers who are all involved in litigation practice but concentrate in different fields of law, and a Citizens Review Board consisting of a cross-section of community-minded citizens with diverse occupations and backgrounds. Additionally, the organization has an Advisory Board made up of the past chairs of Citizens For Better Judges.
Each candidate for judicial office is personally interviewed by the Steering Committee. After the interviews have been completed, the Steering Committee members consider the information obtained during the interviews and share their personal knowledge of the candidates. Lay members of the Citizens Review Board are present to monitor the interviews and the integrity of the endorsement process. The Citizens Review Board must approve the endorsements recommended by the Steering Committee."
The CBJ website contains its history, a list of its current members and officers, and its endorsements in the current local judicial races.
Whether an individual agrees that CBJ endorsed the best candidate is a given race is far less important than maintaining respect for the judiciary. So long as states insist on electing judges, studies showing that attorneys and litigants who contribute to candidates are trying to "buy a vote" in a case, and worse that a high percentage of judicial rulings favor those contributors, make change required. Moreover, how can funding campaigns where the dollars go to advertising inform the electorate? Those contributions are better spent publicizing informed endorsements to a population who has little knowledge of a candidate's qualifications.
CBJ members serve three years then rotate off. I have served for many years, but this is my "off year." Nevertheless CBJ will be the only recipient of my campaign contribution. You can join me by sending your check to CBJ c/o Susan Phillips, treasurer, 716 W. Main Street, Louisville, KY 40202.

Unsealed Florida Divorce Files Include Houston Rockets Owner

The discovery of hundreds of secret divorce files in Broward County, Florida has been quite the scandal. Yesterday, Susan Spencer-Wendel, Palm Beach Post reported there are some in Palm Beach County, too. "The divorce of Leslie Alexander, billionaire owner of the Houston Rockets basketball team, is one of a handful of local divorces sealed and excised from public view for years as if it never even existed.
In 2003, Alexander split with wife Nanci, after agreeing to pay her $150 million. The couple asked that their entire divorce file be sealed, and a senior circuit judge, Allen Kornblum, obliged.
The order stood until last week when another circuit court judge, Art Wroble, ruled it was sealed improperly and ordered the Alexanders' divorce opened.
The ruling comes in the wake of reports about supersealed cases being kept around Florida, including divorces and civil suits of the rich and connected -ó contrary to the state's public records law and the spirit of openness at every courthouse door. The chief judge of Florida, Fred Lewis, has said he about swallowed his tongue when he heard the reports and is acting swiftly to change things....
Palm Beach County's secret dockets pale in comparison to those of Broward County. A Miami Herald investigation there this year revealed more than 400 cases kept on a secret docket in Broward County, including dozens of divorces and civil suits involving politicians, judges and lawyers."
Most people would be shocked to learn how much is public record within their divorce pleadings. Redacting personal identifiers to reduce the chance of identity theft is sound and long overdue. There are also instances where courts can appropriately seal private information and even entire files for good cause. Florida's problem seems to be not only the sealing without cause, but the total elimination of a sealed case's presence in any of the docket logs, as though it didn't exist. That smells fishy and the Florida Chief Judge is wise to remedy this situation swiftly. It is not so much the prurient details of the cases of celebrities and politicians that need to be promptly unsealed, but the discovery and remedy of how cases could "disappear" even if properly sealed needs to be addressed and prevented from recurring.

John Walsh, Co-Founder and CEO of Morton Center to Retire

John Walsh, CEO of the Morton Center, an alcohol treatment center in Louisville,KY will retire next year. John co-founded the Morton Center in 1984. Over the years he became an indispensable resource to family law practitioners. If substance abuse was a concern for a child's safety, we could always count on John to objectively assess and make neutral recommendations. As often as not, he did not find an endangerment or even an addiction issue. When he found a serious problem that could endanger children, he always had a plan. Those who entered treatment under his direction were held strictly but compassionately accountable.
This level of trust and respect should make anyone happy with his life's accomplishments, but those feats are only the ones touching family lawyers and are the tip of the iceberg.
John has been a very active member of the Kentucky Family Law Network, Inc, the Louisville interdisciplinary collaborative law group.
How on earth does a community replace a guy like this? Knowing John, he has no doubt mentored well and has a plan in place.

Judicial Forum For Jefferson County KY Candidates

"The 2006 Judicial Forum will be held on Thursday, October 12, 2006 at the Seelbach Hilton Hotel, Louisville, KY from 11.30 am to 3.00 pm. The Forum's partnering sponsors include the Women Lawyer's association of Jefferson County, the Louisville Bar Association, the National Council of Jewish Women, Louisville Section, the Junior League of Louisville, the League of Women Voters, Louisville & Jefferson County, and the Louisville Black Lawyers Association. The Louisville Bar Foundation has also generously contributed to the event.
Candidates from all 17 contested judicial races in Jefferson County have agreed to participate. Both Insight Communications and Metro TV have agreed to broadcast the 2006 Judicial Forum for Jefferson County voters unable to attend.
The cost of the lunch is $30. If you require a vegetarian meal, please indicate your request when making your reservation. Lunch will begin promptly at 11.30 am.
Due to security reasons, lunch reservations must be made by October 3, 2006. Reservations may be made by e-mail at [email protected], by calling the reservation hotline at 779-8410 or by mail: WLA, PO Box 70271, Louisville, Kentucky 40270-0271. Seating is limited for the luncheon session, which will feature the candidates for Kentucky Supreme Court and Kentucky Court of Appeals.
If you have any questions about the 2006 Judicial Forum, please contact Deena Ombres at [email protected]."
From the Louisville Bar Association e-Briefs for the week of September 25-29, 2006.

Judicial Questionnaires

While beyond the scope of this blog. the Indiana Law Blog published last evening Judicial Surveys Vex the Bench, offering comment and a link at the end to a number of other posts on the politics of electing and appointing judges. It is must reading for those interested in the politics surrounding our judiciary, and it has little to do with blogs!
Now, back to divorce and family law...

Election of Family Court Judges

While I am not a proponent of electing our judges, with all Kentucky Family Court Judges facing election in November, the following post from Baton Rouge is timely. Many of our candidates will get less press. What is it that voters need to know to make informed decisions? I think a judge sitting in family court needs to have:
1. A thorough knowledge of family law;
2. An appropriate judicial temperament, which in presiding over a family court means no outbursts, no meltdowns, no demeaning of any litigant;
3. A demonstrative record over time of efforts to improve the family court system and to advance the law;
4. Respect of the lawyers who will be appearing before the court and respect of the citizens;
5. Awesome ability to administer huge caseloads and timely make decisions;
6. An overwhelming desire to protect children.
7. Forward thinking leadership and ideas on how to more effectively handle more cases with fewer resources and the bulging pro se docket;
8. A love of the law, and a commitment to improve the system of justice and the stability of our families.
In the old days, attaining the judiciary was the pinnacle of a stellar career. These days we see career jurists, and their passion and success has surprised and pleased many of the old-timers. I think all of the above criteria are equally applicable to practitioners seeking judicial office and judges who have been on the bench for many years.

Here's a reprint of the article published by The Advocate:

"Candidates for the soon-to-be vacant judgeship on Baton Rouge Family Court say the low-profile office is more likely to affect the lives of more Baton Rouge residents than any other court.

New Family Court Rules Of Practice

New Family Court Rules of Practice, Jefferson Circuit Court, Kentucky, became effective September 2, 2006. Click on the link at the end for a .pdf copy. If anyone has a redlined version, I would be glad to post so it would be easier to ascertain the new information within the 116 pages of rules.
Obvious changes were made to the mediation rules, both in the required information to submit to the mediator in advance and a new requirement to update significant financial changes since the filing of a Mandatory Case Disclosure.
Check out the new website of Jefferson County Family Court. Much appreciated is the motion docket, with pre-rulings for each division all in one place.
Here's the link to the new rules, which also appear on the website: rules:

Son of Collaborative Family Law Financial Neutral Sues To Be Named Next-Of-Kin

The Lexington Herald-Leader reports, "Matthew Snoddy, the oldest son of Comair Flight 5191 victim Tim Snoddy, filed a lawsuit in Fayette Circuit Court on Tuesday to determine who should be named next of kin -- Matthew Snoddy or his father’s estranged wife, Connie Elise Buckley.
Snoddy also filed a motion for a temporary restraining order to stop Fayette County Coroner Gary Ginn from releasing his father’s body to Buckley, restrain Buckley from making funeral and/or memorial arrangements, prevent Buckley from receiving any type of a settlement of any value related to his father’s death, and direct that the body be released to Snoddy as next of kin so he and his siblings can make arrangements for funeral and/or memorial services.
Fayette Circuit Judge Sheila Isaac granted Snoddy’s request for a temporary restraining order on Tuesday."
What a shame court intervention was required. Tim was a financial professional member of KCFN, Inc., the Louisville area collaborative law panel. The article mentions that he had filed for divorce a few days before his death in the crash.

Tim Snoddy, Business Valuation Expert, Dies In Plane Crash

Tim Snoddy, a top notch business valuation expert in Lexington, died Sunday in the Comair Lexington plane crash. Our thoughts and friendship go to his family, business associates and to our Lexington colleagues who have lost too many in this tragic accident.
"Timothy K. Snoddy of Lexington was a passenger on Comair flight 5191 and passed away this past Sunday, August 27. He was 51.
A Kentucky native originally from Greenup County, Mr. Snoddy was a 1972 Raceland High School and 1976 UK graduate.
Mr. Snoddy was a prominent local businessman. He was a CPA, forensic accountant, business valuator, and litigation consultant through his company, Snoddy Consulting, Inc. Mr. Snoddy's consulting practice, based in Lexington, had branch offices in North Carolina and Florida. His planned flight was to his office in Fort Lauderdale for three days of business meetings. He flew nearly weekly between offices and was a well-known frequent flyer with Delta and Comair.
Mr. Snoddy was active in the Central Kentucky business and social community. His reputation as an expert witness in financial affairs made him a highly sought-after ally for many attorneys. Attention to detail and an uncompromising work ethic were the hallmark of his practice. He was an active lifelong UK basketball and football supporter. On weekends he would often be found on the lake waterskiing or at the stable riding his horses. He was known as a warm, generous, and charismatic gentleman epitomizing the Kentucky spirit.
Mr. Snoddy is survived by his parents, Mr. and Mrs. Clinton Snoddy of Lexington (formerly Greenup), his sister Terrie Stuart of Louisville, his three children: Matthew Snoddy of Lexington, Jocelynn Morgan of Sierra Madre, California, and Joshua Snoddy of Catlettsburg, and by his three grandchildren.
Funeral arrangements are pending. Inquiries may be directed to the family spokesman, Matthew Snoddy, at 859-619-5045 or [email protected]."
Thanks to Bill Hoge for passing on the Lexington WLEX-TV report before we had it confirmed in Louisville.
UPDATE: Tim's funeral is Saturday, September 2, 2006 at Trinity Church in Lexington, KY at Tates Creek and Armstrong Mills Road. Visitation is at 1:00 p.m. and the funeral is at 2:00. , S

First Report of Committee Studying "Quick Trigger" Adoptions

A Kentucky State Government press release sent after the first meeting of the committee studying "quick trigger" adoptions announces it will meet monthly and possibly recommend legislation in 2007. It is good news that the 12 member panel will personally be headed by The Kentucky Cabinet for Health and Family Services Cabinet Secretary Mark D. Birdwhistell.
The panel is getting off to a good start, said Tom Emberton Jr., commissioner of the Department for Community Based Services (DCBS), the office that oversees public adoptions.
Emberton said his staff is ready for the panel’s constructive evaluation.
“We look forward to working with this group to achieve good outcomes for children,” he said. “We are asking for an honest assessment of our practices.”
Thanks to Mike Stevens, of the Kentucky Law Blog, for forwarding the press release.

Family Drug Court

Eleanor Garber, Jefferson Circuit Court, Family Division Judge is surprised and disappointed that Kentucky state funding has been eliminated for her cutting edge program designed to treat drug addicts so their children can be reunited with them, the Courier-Journal reports.
"Drug Court officials said yesterday that they had thought that after meetings last summer, the state Administrative Office of the Courts would request that the General Assembly allocate funding for both the family court program and a separate Adult Drug Court program in Jefferson County.
Instead, the AOC, which manages Kentucky's judicial system, requested funds for only the adult drug court -- and even that was funded only for the 2008 fiscal year, and not this year. "I was blown away," Garber said. "For reasons unknown to us, they did not ask for funds for our drug court."
Jason Nemes, general counsel to Kentucky Chief Justice Joseph Lambert, said he wasn't involved in the meetings last summer and didn't know of any agreements made to fund the family court program.
He said the AOC focused on persuading the General Assembly to allocate money to expand the adult drug court program statewide.
"It was a calculation we made to do the best we could," Nemes said. "… I don't want to say one is more successful than the other but adult drug court is maybe more measurable."
Nemes added it's possible that funding may yet be found for the family drug court program in Jefferson County, which he agreed has been successful.
"It's premature to say it's going to close down," Nemes said. "There may be something that can be done. We're not sure at this point."
But Jefferson County Attorney Irv Maze, whose office helps run the local program, said:
"We are going to continue to fight the fight, but the likelihood of success is remote."
Officials with the Family Court drug program also complained that no AOC officials told them they wouldn't receive funding this year until a few months ago.
"Why didn't they let us know earlier?" Garber asked. "I would have done anything to try to find other sources."
Nemes said he didn't know about any communication problems and noted that "we're not at cross purposes" with Jefferson County officials."
Kentucky Law Blog comments on the story and links to the AOC budget through 2005. "With some programs being slashed within the AOC, then the question is how does a member of the public provide input to our Administrative Office of the Courts on what should or should be done and how should those priorities be affected?
Family Drug Court supporters are surely going to scrutinize the AOC's spending habits now that it has struck home and slashed a program with much local support within the courts and by the public."
Comment: Surely the heads of the executive and judicial branches can explain why funding for this program which had been jump started by a $1.2M federal grant was not sought from the legislature. Child protective services and the successful parents are surely owed an answer. ""There's lots of people that complain that we don't do enough to reunify families, and then a program like this gets cut," Sky Tanghe, a social worker with the state Child Protective Services, said of the family drug court. "To see this not available anymore is quite a shame." A mom helped by the family drug court agreed. "Without the program, I would never know that I have a disease, that I suffer from drug addiction," she said. "I learned how to live, how to be responsible."
UPDATE: The Kentucky Law Blog reports on the Courier-Journal August 8,2006 editorial and links to an AOC 2004 press release bragging about the success of drug courts.

Can Boy Born to Married Parents Compel Bio Mom to Disclose Bio Dad After Legal Dad Ruled Out

Florida Divorce Law Blog posts on a pending lawsuit, Can Boy Born to Married Parents Compel Bio Mom to Disclose Bio Dad After Legal Dad Ruled Out? "After his parents’ divorce, the boy resided primarily with his legal father - the then-husband of the boy’s biological mother.(In many states, including Florida, the man married to a birth mother is presumed to be the legal father of a baby.) But, apparently, a recent DNA test proved that the boy’s legal father is not his biological father. And now the boy wants his biological mother to disclose who his biological father is, supposedly out of concerns over his family health history. And now a Michigan court must decide whether the boy has a right to compel the disclosure.
Read more in this Detroit News article: Mom, teen square off in paternity case.

Divorce After Death

Divorce after Death? Not in PA, a lower court has ruled. For stories on this case, see:
Indiana Law Blog, "A man can no more be divorced after he is dead than he can be married or condemned to death. Marriage is the union of two lives which can be dissolved either by death or by process of law, but after it has been dissolved in one of those ways, you cannot dissolve it again; you cannot untie a knot which has already been untied."
We first learned of this case from the Art of Divorce, which has updated it. Each of its posts link to the AP stories.

Blended Families; Applying For College Financial Aid

Although federal college financial aid amounted to $90 billion in 2004-2005, colleges provided $24 billion of their own money, and their treatment of stepparent income and non custodial income varies significantly. Some consider only the resources of biological or adoptive parents, some consider stepparent income only in the custodial household, and some collect income information from as many as four parents, according to The New York Times, Education Life, July 30, 2006.
Sad to say, neither divorced parent in Kentucky has a legal duty to provide any support to a college student. In crafting settlement agreements, we sometimes take into account the federal financial aid formula which bases need on the household where the child lives most of the time, but even then the income of a stepparent coming into that home may be considered. It is almost always more important, however, to develop the parenting plan for a child on more important considerations. On the other hand, it does not seem fair to the child to base aid on the income of a biological parent who has no further relationship with a child, particularly the income of an abusive parent. Yet, the College Board is recommending colleges uniformly consider income of only biological and adoptive parents. That may be appropriate in states where parents have a legal duty to provide support during colleges, and may provide a reason for state legislatures in those other states to make a moral obligation to help a child through college a legal duty.
"Of course, many loving stepparents and noncustodial parents want to pitch in. But if their support is voluntary, Mark Kantrowitz, president of the Web site FinAid.org, recommends that they hold off. “The college will take this at face value in reducing institutional aid,” he says. “It is generally a good idea to wait until after the student graduates to help out — e.g., by helping pay off the student loans.” He offers two other strategies (extreme, he says, and problematic): live with the poorer parent, or if love can wait, delay remarriage."

Jefferson Family Court, KY

Louisville Magazine , July, 2006 issue, has a nice piece on the innovations in Jefferson Circuit Court, Family Divisions as well as the challenges facing it.

Super Lawyers; Best Divorce Lawyers

The recent New Jersey ethics opinion is gathering steam in the online discussions. The latest announcement of "super" lawyers is from the Family Law News in which it is announced that the San Francisco magazine has recently proclaimed that many collaborative lawyers are among the Super Lawyers of San Francisco.
I loved the Kentucky Law Blog posting about the controversy surrounding such "bests." How much publicizing of such publications can we/should we do?
The Indiana Law Blog has an interesting post on this issue, as well, which details the law in several jurisdictions.
The Kentucky Law Blog posts a long link of online stories:
"NO MORE "SUPER LAWYERS" IN NEW JERSEY . . . It's news that's apparently causing a firestorm in New Jersey [Evan Schaeffer]
Ethics Crusaders Crush 'SuperLawyers', by Henry Gottlieb at Law.com
Law - "Superlawyers" must not flaunt status [Updated] [Indiana Law Blog]
"Lawyer Ads Cannot Tout ‘Super’ Status" is the headline to this story today in the NY Times regional section: * * *
Law - More on: "Superlawyers" must not flaunt status [Ind. Law Blog]
Law.com today posts a story from the New Jersey Law Journal reporting that:
A New Jersey Supreme Court ethics panel knocked "SuperLawyers" and "Best Lawyers in America" out of the business of ranking New Jersey lawyers on July 19 by prohibiting attorneys from advertising their inclusion and taking part in the selection process. * * *
Ethics Elsewhere: New Jersey Prohibits Lawyers' Claims to be "Super Lawyers" and "Best Lawyers" [How Appealing]
NJ Stupidly Outlaws "Super Lawyers" and "Best Lawyers" [Larry Bodine]
“Super Lawyers” and “Best Lawyers” Designations Banned in New Jersey [Larry Bodine]
A Bonehead Ruling [Common Scold Blog]
And of course, here are links to our earlier stories:
Ethics: More on the N.J. Decision Banning Lawyer's Claims to be "Best Lawyers in America"
Ethics Elsewhere: New Jersey Prohibits Lawyers' Claims to be "Super Lawyers" and "Best Lawyers"

We haven't seen the end of this discussion.

Real Estate Appraisals May Now Be Too High

New Headache For Homeowners: Inflated Appraisals: Rosy Valuations, Common In Boom, Now Haunt Sellers; It's Pay-the-Piper Time is the story by James R. Hagerty and Ruth Simon in the WALL STREET JOURNAL, Weekend Edition
July 22, 2006; Page A1
"As the housing market cools, Americans are confronting a problem that was easy to ignore during the boom: inflated appraisals of home values. Critics inside and outside the appraisal business have long warned that many appraisals are unrealistically high. That's partly because generous appraisals help loan officers and mortgage brokers, who often choose the appraiser, complete more deals. If a home is appraised at less than the buyer offered, the deal is likely to fall through. Inflated appraisals didn't matter much when home prices were rising at double-digit rates, since market values would quickly catch up. Now, however, prices are leveling off in many places and falling in some. Some homeowners are finding that the market value is below what past appraisals led them to believe."
Important information for divorce practitioners.

$150 Million Available For Grants To Promote Marriage and to Encourage Committed Fathers

"For the next five years, Congress is setting aside up to $100 million a year to promote marriage and $50 million a year to produce committed fathers. This year's allotment goes out before Sept. 30.
Supporters say that if the government can get more low-income parents to tie the knot and help them work through the rough spots that inevitably occur, then those families are less likely to need federal assistance in later years." Source, Lexington Herald-Leader, reporting an AP story.
I hope the AAML executive committee is pursing this. It may be an ideal way to distribute our excellent Focus on Forever materials.
UPDATE: Ohio group applies for $10 million.

Jeanne Hannah Posts on Roe v. Wade for Men

Updates in Michigan Family Law blog nicely digests and links to the Roe v. Wade For Men 6th Circuit decision that was rendered this week, which rejected the theory as frivolous. We reported on this pending case in March, link here.
Jeanne Hannah's blawg is quite good and we're adding a link to it under "Other Family Law Blogs." Having recently spent some time on Lake Michigan, I don't see how she can possibly make time to blog in Traverse City in the summer! She beat the new Sixth Circuit Blog to reporting on the decision, but arising from a Michigan case, I am sure it is very newsworthy there.
UPDATE: More on the story from The Art of Divorce and MLive.com.

KATA Domestic Section

The Kentucky Academy of Trial Attorneys has formed its Domestic Law Section, per the following email message I received from Mary Volkerding, its Membership Director:
"To all interested in Joining KATA’s Domestic Law Section:
I am forwarding to you the minutes from our July 11 meeting. Our Domestic Law Section Listserve is up and running. If you would like to join the Section please send your membership fee of $25 to the KATA office or call us to pay by credit card. You will then be added to the listserv if you wish. Further marketing efforts are coming soon and we will keep you informed of upcoming meeting dates and time. As you may have seen in our 2006 Annual Convention Brochure, a Domestic Law Break Out Session has been scheduled on Thursday, September 7. We hope you will be able to attend. Thank you"
Comment: As we previously reported, the addition of this section is welcome news. It is unfortunate that the September 7 Domestic portion of the seminar coincides with a complex trial topic that looks terrific and that the Domestic portion is in part a repeat of some of the LBA/AAML seminar last May.

How Fido Fares in Divorce; Pet Disputes Becoming Common

AAML President-Elect, Guy Ferraro is cited in a Concord Monitor Online article, as American's attachment to their pets filters into the divorce arena. The St. Petersburg Times reports on pending cases that are attempting to test pets being treated merely as divisible marital property.

More Family Court News From Last Week

Add Nebraska and Tennessee to the list of states whose courts have upheld same-sex marriage bans. Source: Family Law Prof Blog.

Personal Data Identifiers; How Can AOC Trump The General Assembly?

HB 424 became law July 15, 2006, as we reported April 11, 2006. Yet, we have heard the Kentucky Administrative Office of the Courts is delaying enforcement pending the Kentucky Supreme Court's likely revision of the Kentucky Rules of Civil Procedure.

Last Week's Family Law News

The Family Law Prof Blog posts on the discovery of artificial sperm created from mice stem cells and links to a Scotland article about it. Now kids can theoretically have 7 biologically related human parents and one mouse ancestor. Or, maybe the mouse would substitute for one or more of the human biological parents.
The Online Guide to Mediation published "New Study Shows Mice Have Capacity For Empathy," so maybe the animal chain can add some value?
The Florida Divorce Law Blog has an interesting post on how a Canadian court treated lottery winnings for child support purposes.

Justice Ginsberg Receives Friend of the Family Award

Justice Ruth Bader Ginsberg was awarded the ABA Family Law Section "Friend of the Family" award, even though the U.S. Supreme Court rarely hears family law cases. The Family Law News Blog links to her acceptance speech. This past term, though, there were several that have an impact on family law. At first I was delighted to see on the Supreme Court website .pdfs of what I thought were all the justices' speeches. I was sorry not to see Justice Ginsberg'S address when she accepted the Brandeis Award in Louisville in 2002. I remember her insisting that she speak before dinner so as to have our utmost attention. Too bad we can't recollect her comments.

Family Relationship Centers

From The Age in Australia: "The first 14 Family Relationship Centres are opening around Australia, signalling the start of what the federal government hopes will be a landmark shift in family law.The government is establishing dozens of the centres across Australia in an attempt to resolve divorce and custody disputes before they reach court.Acting Attorney-General Chris Ellison said the centres could offer information to families no matter what the status of their relationships.The (centres) are the cornerstone of the Australian government's new family law system, Senator Ellison said in a statement. The changes to the law, supported by these new family relationship services, are part of a new system of co-operation, and we are hoping it will lead to a change in the culture of family law. I welcome the opening, on time, of all centres today as a turning point for Australian families who need assistance with relationships."
The world will be closely watching this sweeping change in family law. With domestic relations law being the province of states rather than the federal government in the United States, such massive national change is difficult to forseee here. Yet, courts are not an ideal place to dump relationship problems. Time will tell if Australia has found the solution.

Equal Parenting Law

Australia's new national revamping of its family child custody and support law is garnering international attention. "As sweeping changes to Australia's family law system take effect today, putting new emphasis on children spending equal time with parents after separation, research shows some children can be seriously harmed by 50:50 arrangements." Sydney Morning Herald.
From ABC News Online, "A family law expert says changes to federal laws which come into effect today will have a major impact on the way parents deal with their children after separation. The changes will allow courts to order that children spend equal time with both parents or "substantial and significant time" with the non-custodial parent. Associate Professor Tom Altobelli, from the University of Western Sydney, says this m>.

When Marriages End, Who Gets The Pets?

From the Pittsburg Post-Gazette, When Marriges End, Who Gets The Pets.

Divorce After Death

From Law.com: "Lawyers in several states are examining the legal question of posthumous divorces in light of recent probate law changes and a handful of unusual lawsuits that deal with spouses who died during divorce proceedings."

Plea For Work On New Resolution Opportunities

The Lexington Herald-Leader published AP coverage of the Nevada judge who was shot earlier this month. "Family Court Judge Chuck Weller, shot by a man who witnesses said was angered by the handling of his divorce, turned his first public appearance since the shooting into a plea to make family courts a less confrontational place."

"It is a place of raw emotion," Weller said Tuesday at a news conference at the National Judicial College. "As much as we try to avoid it, oftentimes there are winners and losers."

"What we need to do and what we try to do in the Family Court is come up with a resolution where there is neither a winner nor a loser, but it is inevitable in many cases," he said. "So we need to work on our resolution opportunities."

We will be all ears for the proposals. Our judges, lawyers, and litigants are very vulnerable in this arena of raw emotion.