LIFE DOESN'T STOP FOR ANYTHING, NOT EVEN DIVORCE

I recently had a previous client contact me and his story was so compelling that I thought I should share it because it truly illustrates that there is life after divorce, and sometimes it can be good.

Divorce is never easy.  In fact, next to death or serious illness I cannot think of an event that is worse.  The pain, anger, remorse, self doubt, and other feelings that accompany divorce generally don't start when one party files for divorce.  Usually, the problems that lead to divorce have plagued the couple for some appreciable time, maybe many years.  The divorce process just highlights all those problems, and some people decide to use that time to vent or otherwise relieve themselves from their pain by disparaging the other person.  Even in the most amicable divorces, the decisions that parties make have significant long-lasting effects on the things they care most about - children, property, and money.

To complicate matters, most people just cannot stop their lives and deal with the paperwork and emotions that accompany divorce.  They still must go to work, make dinner, go shopping, pick up the kids, wash and fold laundry -- life continues to move on.  Although all of the responsibility takes its toll and can be overwhelming, it is also a great reminder that life does not stop for anything, not even divorce.  And that is a good thing.

Believe it or not, the fact that life forces you to continually move forward is a blessing in disguise.  I am sure we all know someone that get way too caught up in drama, either their own or someone's else.  In divorce, those people spend all of their energy, and their money, feeding off the drama - they cannot allow life to move on like it needs.  In their mind, it is a way to hold on to the relationship even if it is extremely unhealthy for them.  People like this have a tendency to suck others into their pain.  In divorce, it likely is the other spouse.

When I recognize this dynamic in a case, I make sure my client stops to recognize that life continues to move forward.  Sure, it is different, and different is scary.  But one way or another it moves on, and so should they.  I encourage them to continue to practice their hobbies, have fun, have a girls or guys night out; unwind and don't let the divorce take over your life because you need something left after it is all over.  The divorce will end and life will be ready to take you along on the next part of your journey.  You should be ready when that time comes.

So my client calls me up to ask a question and I inquire into how he is doing.  His divorce was ugly.  The attorney fees likely added up to more than the estate they divided.  My client had his heart broken by his wife, and all she did was blame him for all their problems.  She also blamed husband for the problems their child was having in school (failing).  After the settlement had been reached and the Judgment submitted, wife moved away and has only seen the children a few times.  My client lost his house to foreclosure and had to move across town.  His income took a significant hit due to the economy and he had to sell his favorite hobby in order to pay wife an equalizing payment.    

When I asked how he and children were doing, he started to get very excited.  The child that was failing is now an A student working on a full ride athletic scholarship to a UC.  The other child is thriving as well.  As far as my client, he's been able to patch together enough work to provide for him and the children.  Although his greatest joy is how great his children are doing.  That is what makes him smile.

You see, for so long he had dealt with all the pain, hurtful allegations, and uncertainty about the future.  Once that future began to reveal itself, he realized just how far down the divorce had dragged him down.  It makes me wonder, is happiness relative to our nearest past experience?  If divorce drags you down into a hole, there is only one way to go -- up.  So make the best of it.  There is life after divorce, at it can be oh so sweet.  

SEPARATION REQUIRES A DIFFERENT DANCE

It is not uncommon for clients to relay certain "threats" that their spouse has made.  In my experience, there is a list of predictable "threats" spouses make to one another.  My clients, under the stress of the situation and with a limited understanding of the divorce process, can take the threats literally even though there is no basis for the threat.  Most times, the threats are made from fear, a need to control, or to try to push the other's buttons.  The unfortunate result is that the client experiences anxiety, calls their attorney who assures the client there is no need to worry, and unnecessary fees are incurred.  

I first came across the idea of a "threat list" while at a seminar, and since then began taking notes on the recurring threats that I heard.  The author of the original threat list is Barbara DiFranza, Esq. CFLS.  Her idea was to present a list of common "threats" so that clients will know that they are not the first one to hear these threats, and thus educating and empowering clients to deal with the threats effectively and without unnecessary attorney fees.

Having said that, on rare occasions a threat will turn out to be real. Thus, while it is easy to say that they are common, whether to give them any weight depends upon the actual circumstances of your case.  Furthermore, and vitally important, any threat to your health or safety, or the health or safety of your children should not be ignored.  If a threat of physical violence has been made you need to contact the appropriate authorities and your attorney.  

Some of the most common threats as provided originally by Barbara DiFranza and expanded on by Attorneys Briefcase:

"1.             “When I tell them __[X]___, you’ll never get the kids."  

X is usually something innocuous, an event that happened many years ago, or something you are ashamed of.  The court takes recent convictions of domestic violence, drug offences, and documented substance abuse very seriously because the Court must take into consideration the children's best interests.

2.             “You’ll never see the children again.”

Similar to threat #1.  This situation is extremely rare.  However, spouses love to use it to rattle the other.

3.             “I’ll take the children and move out of state.” 

This will require formal orders.  This is a very complicated and expensive area of law known as "move away orders" and they usually require a costly and lengthy custody evaluation.  

4.             “If you ask for a share of my property [or support, or whatever], I’ll  take the children away from you.” 

Again, similar to #s 1-3.  It just isn't that simple.

5.             “You’ll end up in the street with nothing.”

Remember, the law requires equal property division and child and spousal support where applicable.

6.             “You’ll never get any of my pension.”

If the community has an interest, you will get your community share.

7.             “I’ll hide all of the money and you won’t get a nickel.” 

It is extremely hard to hide money and/or assets given the broad right to discovery and stringent spousal fiduciary duty laws.  What's more, if an asset is purposefully hidden and not disclosed but subsequently discovered, you could receive the entire asset.  The greatest example of this is when a wife purposefully hid the fact that she had won the lottery using community property.  In the end, Husband received the entire lottery winnings.

8.             “I’ll start a new family and they will be my priority.” 

Maybe, but that has no legal effect and is only meant to be hurtful.

9.             “I’m kicking you out of MY house.” 

Until there is an order for exclusive use and possession, it is both of yours.

10.             “I’ve got someone new and s/he is better/younger/prettier than you.”

Maybe, but that has no legal effect and is only meant to be hurtful.

11.           “Your attorney is incompetent and is taking you to the cleaners.”

This is clearly an attempt to get you to question your attorney, which only helps your spouse.

12.           “Unless you do things my way, you won’t get a dime.”

Again, the spousal support and child support laws are pretty clear that doing things his or her way doesn't affect the support amount.

13.           “I’ll quit my job before I pay you a dime.” 

Quitting employment for purposes of evading support results in serious consequences.  Besides, the court can impute wages to a spouse who quits their job.

14.           “When the judge sees my expenses, you’ll get less (or I’ll get more) support than the guideline amount.”

Expenses can factor into spousal support, but not child support (there are exceptions).  

15.           “I’ll consider reconciling with you if you sign this agreement.”

This is just a ploy for your spouse to maintain control.  Be weary of these types of offers.

The threats included generally have one thing in common.  The threats are being made out of fear of losing control.  During courtship and marriage you and your spouse do a dance - when one moves left the other moves along, and so forth.  As soon as one person makes a different move, it throws the dance all out of rhythm.  Many times, that is what it takes to completely separate from your spouse.

HOW LONG UNTIL I CAN BE DIVORCED?

Most people considering divorce are unaware of the actual procedural steps required in order to obtain a Judgment of Dissolution.  All too many times clients have asked me if they are divorced six months after they file a Petition for Dissolution, even though no other action has taken place.  This blog is devoted to a quick overview of the required procedure to obtain a Judgment of Dissolution and is only intended for informational purposes only and is not intended as a substitute for legal advice.  There are many issues to consider and your individual circumstances should be discussed with a licensed and practicing attorney to determine the proper course of action for you.

So, "How long until I can be divorced?"  The answer is six months and one day from the date the filed Petition and Summons were served on the other spouse.  However, merely filing, serving and waiting are not enough.  All of the phases discussed below must be completed before a Judgment for Dissolution can be entered. 

PHASE I - JURISDICTION:

Before the Court can make any orders in your case, the court must have jurisdiction over you, your property, and the subject matter of your case.  The threshold is that before a Judgment of Marital Dissolution can be entered unless at least one party was a resident of California for six (6) months, and of the county in which the Petition for Dissolution was filed for three months, immediately preceding the filing of the Petition for Dissolution.  Typically in divorce cases, jurisdiction is not contested, but there are situations that arise where it is appropriate to challenge whether or not a court has jurisdiction.  More commonly, the issue is venue, whether a specific court is more suited than another to hear the action.  Issues of jurisdiction and venue are beyond the scope of this specific blog and may discussed in future blogs.


Typically, the jurisdictional requirement is accomplished through the filing of a Petition for Dissolution and Summons, serving it on the other spouse, and that spouse filing a Response and Request for Dissolution.  (I would like to point out that page two (2) of the Summons contains important automatic temporary restraining orders that should be reviewed and discussed an attorney.  Acting in contradiction to those restraining orders could lead to sanctions or other court action.)  Correctly preparing the Petition and Response is extremely important and you should consult with an attorney, or your local Family Law Facilitator before filing the paperwork, to determine if any special circumstances apply to your case that would require specific language to be included in your filing.

Assuming the Petition and Summons have been properly filed and served, and the Response has been property filed and served, the Court now has jurisdiction to enter orders in your case.

Issues of jurisdiction and venue are very complicated and an attorney should be consulted if jurisdiction and/or venue is at issue.  Similarly, preparation and service of the Petition and Summons is extremely important and could have far reaching effects.  For this reason it is highly recommended that you seek legal advice to assist you in completing the Petition or Response. 

PHASE II - DISCLOSURE:

Family Code § 2104 requires each party serve on the other party a Preliminary Declaration of Disclosure.  This must be accomplished before a Judge will sign a divorce Judgment.  The Declaration of Disclosure consists of three specific and distinct forms: (1) Declaration of Disclosure; (2) Income and Expense Declaration; and (3) Schedule of Assets and Debts.  The Disclosure requirement is necessary to ensure that both parties are well informed about assets and liabilities that are subject to the court's jurisdiction so they can make informed decisions concerning their disposition.

The Declaration of Disclosure form is a one page check-the-box form which is signed under penalty of perjury.  The Income and Expense Declaration discloses exactly what the name suggests - the income and expenses of the party completing the form.  Supporting income documents such as W-2, pay stubs, tax returns, and self employment financial records (profit and loss statements) must be attached.  The Schedule of Assets and Debts is required in order to provide full and accurate disclosure of all assets and liabilities in which each spouse has or may have an interest.   Supporting documents such as property appraisals, mortgage statements, bank and other financial institution statements, and debt statements must be attached.  

The law requires that each party exchange a Preliminary Declaration of Disclosure shortly after filing the Petition for Dissolution and Response, and a Final Declaration of Disclosure prior to trial.  The Final Declaration of Disclosure may be waived by agreement, but is not recommended in all cases.
 
The Declaration of Disclosure is not filed with the Court, only exchanged between the parties.  Proof that you have served your Declaration of Disclosure is required.  

Completing the disclosure documents is an extremely important aspect of your case and could have far reaching implications as each document in signed under penalty of perjury.   It is highly recommended that you seek legal advice to assist you in completing your disclosure requirements.   

PHASE III - RESOLUTION:

Once the first two phases have been successfully completed, the final phase is resolution.  Marital Dissolution cases are resolved either by agreement of the parties, or trial.  Please refer to my blog entitled, "CHOOSING THE RIGHT FAMILY LAW PATH FOR YOU BEGINS WITH THE CHOICE OF LAWYER AND CHOICE OF PROCESS" which discusses options of resolving the case - mediation, collaborative, or litigation.  You will recall that even in litigation the primary goal is settlement.

DATE OF DISSOLUTION:

Once all three phases are successfully completed, a Judgment of Dissolution containing all requested orders can be submitted.  In Sonoma County, Judgments take between 3-6 weeks for the Court to process.  In completing the Judgment documents you must specify the date of marital dissolution.  In some cases, this will be an actual date.  In most cases, the date will be "Upon Entry of Judgment", which means that the Court will state the date of dissolution as the date the Judge signs the Judgment.  Then, and only then, are you completely divorced.

LEGAL REPRESENTATION IS NOT ONE SIZE FITS ALL; CHOOSE THE REPRESENTATION THAT FITS YOUR NEEDS.

Going through a divorce usually means facing a serious cash flow problem.  In many cases the parties' income was barely enough to support one household.  Now, that same income must support two households.  Needless to say, most people don't have legal insurance or have disposable income to hire an attorney to help navigate the divorce.  However, it is during this very difficult financial time that they need the advice of an attorney more than ever.

It is true that attorneys require a hefty up front retainer before working on your case.  The purpose for that will be discussed in other blogs.  But the reality is that not all people can find an extra $3,000, $5,000, or $10,000 retainer.  Well, there are options that you should investigate. 

As you read the discussion of options below, you should keep in mind the principles discussed in my previous blog regarding options of whether to litigate, mediate, or enter into the collaborative process.  Namely, that you should not try and cram a square into a circle; you should not try a limited scope representation if you have complicated matters in all dissolution areas, a full service representation may be best.   

FULL SERVICE REPRESENTATION

In a Full Service Representation relationship, The attorney becomes your “Attorney of Record” for purposes of your Family Law case.  In essence, the attorney is your legal representative and steps into your shoes.  This means that the Court and your spouse’s counsel send all correspondence, pleadings, filings, etc., to your attorney on your behalf.  When you are represented in this capacity your spouse’s counsel may not contact you for any reason.  Attorneys must communicate with each other directly to discuss the case.  In this relationship, the attorney prepares and executes a case plan to achieve the goals decided between you and the attorney.  The attorney completes all calendaring, filing of papers, meeting of deadlines, and makes any and all required court appearances, most of which the you will also need to attend.  In court, the attorney will do the speaking and advocate on your behalf, unless you are required to give testimony under oath.  In this scenario, the attorney will prepare you for your testimony to ensure you are calm, confident, and most importantly, truthful.  When the case resolves or there is otherwise required a termination of the attorney-client relationship, a form must be submitted to the court and served on interested parties memorializing that the attorney is no longer “attorney of record”.    

LIMITED SCOPE REPRESENTATION

In a Limited Scope Representation, an attorney may limit the attorney services by agreement with a self represented litigant to consultation on procedures and preparation of pleadings to be filed by the client self represented. A litigant may be either self represented or represented by counsel, but not both at once, unless approved by the court.  In order for the attorney to specially appear on behalf of the litigants for a limited purpose, the attorney must comply with all applicable court rules and procedures, including the filing of a Notice of Limited Scope Representation with the Court and service on all interested parties.

As an example, a client may only want to hire an attorney to provide full service on one aspect of their case, like Child Support.  The attorney’s written engagement agreement with the client would designate the attorney as “attorney of record” for the Limited Scope of providing full service only for the issue of Child Support.  The attorney would not be attorney of record for any custody, visitation, spousal support, property division, or any other issues.  The client would remain self represented for those issues and would remain responsible for court appearances, calendaring, filing of papers, meeting at deadlines, and all other responsibilities that counsel of record normally would do.

However, at any time throughout the process, representation can change from Limited Scope to Full Service.  This would require a new engagement agreement and the requisite forms being filed with the Court and served on interested parties. 

At the end of the Limited Scope Representation, a form must be submitted to court memorializing that the attorney is no longer attorney of record for such limited purpose.   

UNBUNDLED SERVICES / CONSULTATION ONLY SERVICES

In an Unbundled Services or Consultation Only relationship, the attorney is engaged by individuals representing themselves in litigation or mediation to give legal advice about various steps in the case. The attorneys written engagement agreement with the self represented client provides that the attorney will not be the attorney of record in the case, that court appearances, calendaring, filing of papers, meeting at deadlines, and all other responsibilities that counsel of record normally would do, are the client’s responsibility. 

The attorney’s engagement is limited to that of a law consultant who will advise the client on matters only as the client requests, and to assist in or draft papers that the client will sign and file. The attorney also may keep track of the case and its deadlines.  All documents are prepared with the client appearing as a self-represented party.

The purpose of such agreement is to provide clients with the legal advice necessary to navigate their Family Law case as a self represented party.  This is attractive to some clients who desire to keep control of their case or do not have the financial capacity to hire an attorney for a Full Service Representation.

The issues discussed in this blog are generalized and not case specific.  In reading these blogs, it is expressly understood that the blog is not offering legal advice, nor is it establishing any attorney client relationship.  If you have specific questions about a legal issue you are experiencing, you should contact a lawyer in your area and seek legal advice.

CHOOSING THE RIGHT FAMILY LAW PATH FOR YOU BEGINS WITH THE CHOICE OF LAWYER AND CHOICE OF PROCESS.

Welcome to Sonoma County Family Law Blog, a weekly blog that provides insight into issues that arise in Family Law matters including divorce, legal separation, parentage, custody, visitation, child support, spousal support, property division, allocation of debts, and everything in between. 

The issues discussed in this blog are generalized and not case specific.  In reading these blogs, it is expressly understood that the blog is not offering legal advice, nor is it establishing any attorney client relationship.  If you have specific questions about a legal issue you are experiencing, you should contact a lawyer in your area and seek legal advice.

CHOOSING THE RIGHT FAMILY LAW PATH FOR YOU BEGINS WITH THE CHOICE OF LAWYER AND CHOICE OF PROCESS.

The decision to separate and file for divorce is one of the most difficult decisions a person can make.  At its core, divorce means dividing the three things people are attached to most: Children, Money, and Property.  The emotional and financial uncertainty that accompanies divorce can cloud the judgment of even the most educated, logical, and stable individuals.  That is why it is so important to choose not only the correct lawyer, but the correct process. 

Many people who decide to file for divorce first seek an attorney.  It seems like a logical place to start.  However, I propose that the first step after deciding to file for divorce is to research which process will work best for you.  After you decide the process, you can interview attorneys who have an upstanding reputation within that process.

By process I mean that there are several approaches to divorce from both a structural perspective and a cost perspective.  The structural component of the divorce process contains the principles and theories that underlie the legal strategy.  Typically, there are three structures to choose from, (1) Litigation, (2) Mediation, or (3) Collaborative.  Each has its own distinct advantages and disadvantages.

With regard to the cost of divorce, consideration must be given not only to the financial cost (quantitative cost), but also the emotional cost (qualitative cost).  The quantitative costs are far easier to perceive insofar as one can estimate how much money it will cost for a given decision.  The qualitative costs are far more difficult to estimate and are generally overlooked.  However, in many cases the emotional cost of allowing the divorce to completely invade and control your life creates an atmosphere which is not conducive to making sound decisions.  I propose that from the outset, each decision made in regards to the divorce should include a “cost analysis” that includes both quantitative and qualitative costs.

LITIGATION

Litigation is a highly technical practice area regulated by strict rules, time frames, and procedures.  Each party hires their own attorney to advocate their best interests.  While negotiations occur throughout the litigation process, and the vast majority of litigation cases do settle, if those negotiations do not result in agreements then contested hearings and trials are set.

Preparation for contested hearings and trial includes formal and informal discovery.  Informal discovery is merely asking for information without the use of the strict formal discovery process, and I will cover informal discovery in later blogs regarding spousal fiduciary duty. 

Formal discovery includes requests for documents and other information which the responding party must provide within a specific period of time.  Formal discovery also includes depositions, where one party’s attorney asks a series of questions of the other party who is placed under oath, and a court reporter records everything that is said.  All of the information gathered through discovery is potential evidence which your attorney will present to the court. 

If your case goes to trial, you may be required to testify under oath and your testimony will be challenged by the opposing attorney.  Depending on the complexity of the issue or issues being tried, trials can last from several hours to several weeks.  At the end of the trial, the Judge will render a tentative ruling.  From there, each party has the opportunity to object and suggest revisions to the tentative ruling for the judge to consider.  After each party has submitted their position, the judge renders a final judgment.  At that point, the only recourse is an appeal. 

The litigation approach has unfairly been under fire over the past few decades.  Opponents of the litigation approach argue that litigation only serves to benefit the litigation attorneys, and causes more harm than good.  Instead, they promote mediation, collaborative, or some other non-litigation process.  However, in reality, litigation is the best choice for some situations. 

In some cases the parties cannot reach agreements no matter what approach is employed, yet resolution is necessary.  Parties can toil for years in mediation or collaborative without any significant movement towards resolution.  In those cases, both the quantitative and qualitative costs can far outweigh the litigation costs.  With litigation, a time line is set by which resolution will be reached.  For some, litigation is the best choice.

MEDIATION

With mediation, the parties employ a neutral mediator who works with both parties towards facilitating a mutually satisfactory settlement.  I cannot stress this point enough: the mediator should be a licensed and practicing attorney.  You will want a mediator who can explain the law and only licensed attorneys can provide that information.  All negotiations in mediation are privileged from disclosure, meaning anything said in mediation cannot be brought into court.  Generally speaking, parties are more satisfied with orders and more likely to follow such orders if they are obtained through mutual agreement.

The mediator’s job is to facilitate an agreement, not to advocate one position over another.  The mediator must remain neutral and cannot give parties legal advice.  For that reason you may choose, and I recommend, hiring a consulting attorney who can provide you with legal advice throughout the mediation, including reviewing the settlement terms. 

In cases where parties communicate well, mediation is often an effective approach.  Parties can discuss their case openly without fear of their statements or settlement offers being used in court.  They are free to fashion an agreement in whichever way they deem fit, so long as it meets the statutory requirements.

However, mediation is not right for every case.  Effective mediation requires a mature approach that employs listening and respecting the other party’s positions while being able to reflect upon your own.  It requires compromise, which may mean giving up a position you hold dear for the sake of settlement.  If you or your spouse cannot communicate well, cannot respect the other’s position, or cannot compromise, then mediation is likely not the best choice for your case. 

Careful consideration should be given before employing the mediation approach.  If even one spouse cannot approach mediation in the manner suggested above, mediation is likely not for you.  However, if you choose mediation believing it will work, but months have passed and not even the smallest agreements have been reached, you may wish to reconsider.  Again, having a consulting attorney will help guide your decision. 

COLLABORATIVE

Similar to mediation, the collaborative approach employs a team of professionals including attorneys, therapists, and financial experts, to work with the parties in an open, non litigious atmosphere.  Litigation is not only discouraged, it is precluded.  Upon choosing the collaborate approach an agreement is signed by both parties that none of the information exchanged during the collaborative process can be used in court.  In addition, none of the collaborative team cannot be involved in litigation should the case fall out of collaborative, meaning hiring new lawyers and experts.

Each party hires their own collaborative attorney who operates more as a divorce coach.  Jointly, the parties may agree to invite therapists, financial planners, or other experts to help them reach agreements.  Discovery is unnecessary because everything is open and out on the table.  There are no depositions or trials. 

Proponents of the collaborative process cite the open, private, and cooperative approach leads to better results more efficiently.  It is true that agreements reached through open and respectful dialogue tend to result in higher satisfaction with parties, who in turn are more likely to follow the agreements since they had some control over the terms.  It is also true that in cases that are meant for the collaborative process settlement can be reached with a much lower quantitative and qualitative cost. 

However, like mediation, the collaborative process is not for every case.  The collaborative process requires the same mature approach as in mediation.  It also requires the ability to speak openly about the underlying emotional component of the divorce.  If one party cannot meet those expectations, parties can toil in the collaborative process for years because there is no specific end date.  Also, given the professionals and experts involved, the cost can be extraordinary especially if parties spend several years in the collaborative process only to have it fall out into litigation.  Once it falls into litigation, the process must start from the beginning. 

The collaborative approach is an innovative and efficient approach for the right cases.  Before employing this approach, careful consideration should be given to whether you and your spouse can approach the process with the necessary framework.  If even one of you cannot, then this approach is likely not for you.  However, if you choose the collaborative process believing it will work, but months have passed and not even the smallest agreements can be made, you may wish to reconsider. 

CONCLUSION

The decisions made during the divorce proceedings will likely be some of the hardest decisions you will ever make.  It is imperative that you are comfortable with the approach you are undertaking.  It is also imperative to understand that you can change gears at any time if a given approach is not working for you.  This is your life and no matter how much things seem to be out of your control, you still have control over how to approach divorce.  You should carefully choose the approach that you believe will culminate in the best quantitative and qualitative result for you.

Welcome / Introduction

Welcome to Sonoma County Family Law Blog, a weekly blog that provides insight into issues that arise in Family Law matters including divorce, legal separation, parentage, custody, visitation, child support, spousal support, property division, allocation of debts, and everything in between. 

The issues discussed in this blog are generalized and not case specific.  In reading these blogs, it is expressly understood that the blog is not offering legal advice, nor is it establishing any attorney client relationship.  If you have specific questions about a legal issue you are experiencing, you should contact a lawyer in your area and seek legal advice.

For this first blog, I would like to introduce myself and discuss what you can expect from weekly blogs.

They say that attorneys don’t choose the law they practice, the law chooses them.  I agree.  I received my B.A. in Psychology.  Upon graduation I needed to make the difficult decision whether to pursue a Ph.D. in Psychology, or go to law school.  Ultimately, I chose law school.  My curiosity of human nature and passion for the law coalesced into a legal career in Family Law.  

Although I have been practicing law as an attorney since April, 2009, my experience in Family Law dates to 2005 when I began working as a law clerk / legal assistant for a small Family Law practice in Sonoma County.  Working under the supervision of the licensed attorney I handled my first case in 2006.  I parlayed this experience into a certified law clerk position at the Sonoma County Department of Child Support Services where I made well over 100 court appearances for the County of Sonoma.  In addition to the court appearances, I investigated cases, interviewed parties, negotiated and reached settlement of complicated financial issues, and provided general litigation support to the staff attorneys.  However, it was my experience in the courtroom that solidified my reputation as hard working, intelligent, inquisitive, and prepared.

I joined the Tavis Firm in 2008.  I had just graduated Cum Laude and taken the California Bar Exam.  Prior to obtaining my passing results I continued working as a certified law clerk for the Tavis Firm.  My responsibilities included legal research, brief writing, and representing clients in court.  It was a seamless transition for when I obtained his license to practice law. 

Since obtaining my license to practice law I have handled complicated cases that involve high conflict Custody, Child Support, Spousal Support, Community Property Division Including Multiple Real Properties, Stock Options, Business Interests and Business Valuation, Pensions, 401(k)s, IRAs, Bankruptcy, Foreclosure, Pre-marital Agreements, Post-nuptial Agreements, Attorney Fees, Domestic Violence, Income Taxes, Venue and Jurisdiction, and all of the grey areas that fall in between.  I have recently been added as a Sonoma County Family Law Court settlement conference panelist, meaning that I volunteer my time as a mediator to help settle cases.

Family Law is a fascinating area of law that journeys into all other areas of law including tax law, bankruptcy, and civil law.  In most cases, my clients are good people who are experiencing a very difficult time in their lives.  The stress and confusion of the divorce process can cause ordinarily logical and calm people to act in contradiction to who they truly are.  In the weeks to come, I will explore all of the psychological issues that arise in a divorce as well as the legal issues, and will explain legal concepts.  In addition, I will provide links to resources I find helpful.  

Until next time,

Best Regards.