Wednesday, February 29, 2012

Boise Divorce Attorneys - Bankruptcy Lawyers - Criminal Lawyers - What Do They Have in Common?

Want to Hear a Lawyer Joke?
What do Boise Divorce Attorneys, Boise Bankruptcy Lawyers and Boise Criminal Lawyers all have in common?  Well, sounds like a joke doesn't it?

Contrary to what you might think, divorce lawyers, bankruptcy attorneys and criminal attorneys actually offer overlapping legal representation.  Who would ever think that divorce, bankruptcy and criminal law were related?  Welcome to the wonderful world of the law.  Let me give you a few examples of where each area of law overlaps with the other.

Divorce and Criminal Law
Let's start with divorce.  Elements of a divorce can enter the criminal world in a couple of ways.  When there is domestic violence, crime enters family law.  The unique thing about domestic violence is it can be handled in the divorce court, rather than the criminal court.  This doesn't mean that it necessarily stays there, because it can move to criminal court if there is a violation or if violence is perpetrated upon an individual, but the initial charge starts there and stays there unless further violence occurs.

Another issue where divorce and criminal law are brought together are destruction of community property.  In Idaho it is a crime to destroy property of the community.  It falls under the crime of malicious injury to property.  This crime doesn't necessarily always occur during a divorce and if you intentionally damage your property you can be charged with a crime whether you are in the middle of a divorce or not.  A related crime is the failure to preserve community funds.  If you are getting a divorce and you run out and spend a ton of money on something wholly unnecessary or gamble away your savings, you have just squandered community funds and can be charged with a crime for it.

Another area that divorce and criminal law come into contact is in child support and paternity.  If a mother, knowingly pretends that a man is the father of her child and collects child support for that child from that man, she can be charged and required to pay back the support taken from the man.

Divorce and Bankruptcy
The relationship between bankruptcy and divorce is a slightly different relationship than connection between divorce and criminal law.  Bankruptcy plays apart in divorce in two situations.  The first situation is when you file for bankruptcy and then you file for divorce.  Part of Chapter 7 bankruptcy is a means tests.  Income is based upon the family income.  If your income goes down you may qualify for a Chapter 7 when before you did not.  The community property also becomes an issue when the property has been divided pursuant to a divorce decree.  When one party files bankruptcy and there is a piece of property with an outstanding balance on it, if it was acquired by the community, it is possible that the creditor can come after the other party for the outstanding balance.

Bankruptcy and Criminal Law
The relationship between criminal law and bankruptcy is one of fraud.  Fraud can rear it's ugly head anywhere and this is not exception.  If you fraudulently file for bankruptcy or provide false information on your bankruptcy petition or any of the schedules, you can be charged with a crime.

If you need to speak to a Boise Divorce Attorney, a Boise Criminal Lawyer or a Boise Bankruptcy Lawyer, give us a call and see what we can do for you.  Call today, (208) 472-2383.  You will be glad you did.

Friday, February 24, 2012

Divorce feared for Google billionaire

According to the New York Post, Google executive chairman Eric Schmidt is said to be putting his financial affairs in order in an effort to release money to fund his divorce from his wife of 13 years. If this is true, the couple’s divorce is likely to see one of the highest value divorce settlements in history.

It is widely reported that Schmidt is the 136th richest man in the world. If Mr Schmidt were divorcing in England or Wales, he would be advised that the first step to be taken would be to quantify the value of the assets which make up the matrimonial pot. The matrimonial pot comprises all capital assets held by either Mr or Mrs Schmidt or owned by them jointly. It also can include other assets in which they have an interest such as trusts. Valuations for all property, investments, pensions and chattels would need to be obtained and values agreed.

In this particular case, careful consideration will also need to be given to liquidity. Despite stepping down as chief executive and chairman of Google last April, it is thought that Mr Schmidt still owns considerable shares in the company. If the bulk of his fortune is tied up in investments, he may have to sell and liquidate assets in order to meet his wife’s financial claims.

The court’s approach to the division of assets on divorce is discretionary and there is no fixed formula which sets out what each party should receive. It is important therefore to seek divorce advice from a specialist Family Law solicitor as the earliest opportunity, regardless of the value of your assets.

For more divorce advice follow our family law blog or follow us on Twitter@Divorce_experts.

Thursday, February 23, 2012

Family Law Arbitration

Family Law arbitration

Yesterday saw the launch of family law arbitration in England and Wales. The new dispute resolution scheme is to be run by the Institute of Family Arbitrators, a joint venture of family lawyers’ groups and the Chartered Institute of Arbitrators.

The aim is to enable separating couples to resolve certain disputes, arising from the breakdown of their marriage, away from the courts. Instead, they would appoint an experienced family lawyer specifically trained to arbitrate the dispute in private.  Such arbitrations would be used to resolve a range of disputes, including financial issues and certain inheritance claims.

It seems that this is an entirely private initiative, launched by lawyers, rather than being backed by any legislative changes.  The advent of family law arbitration is potentially a significant development for the resolution of disputes arising on divorce. Lawyers used to think that binding arbitration could not lawfully be used in family disputes.  Whilst some legal experts have suggested that family arbitration rulings may now be binding under the Arbitration Act 1996, the position is not clear.  It may be that some agreements reached will need to be drawn up into a court order, to be endorsed by a judge.

The scheme will be nearer to the court-room process than other alternatives to court ,  such as mediation and collaborative law.  However, there are certain important, and arguably advantageous differences with arbitration.
Under the court system, the parties can never choose the judge they want to appear in front of.  Parties to an arbitration will specifically choose their arbitrator for their appropriate expertise or specialist knowledge. This would be attractive not only to the parties, but also to their lawyers. There is also something to be said for the flexible approach of arbitration - it is not bound by the many rules that are imposed in the court process but rather has a more dynamic structure which means that it be individually tailored to the parties’ needs. The arbitrations also take place in private, whereas the media can now access certain family court hearings.  This guarantee of privacy will be particularly attractive for more high profile divorcing couples.
Reaching a financial settlement on divorce  can be a very stressful and difficult experience for separating couples.  We work closely with our clients in an effort to try and avoid proceeding to court, wherever possible, exploring the various options available to them.  This new scheme may be a useful addition option available to separating couples, to help them reach a settlement, avoiding the costs and acrimony which can be generated through the court process.

Read more divorce advice on our family law blog or follow us on twitter @divorce_experts. 

Wednesday, February 22, 2012

Family Law Attorneys - Military Domestic Violence

Domestic Violence in the Military
Domestic Violence is a recurring aspect of any Family Law practice.  While Boise Divorce Attorneys spend a lot of time dealing with domestic violence issues for their civilian clients, they also often deal with domestic violence in a military family.  However, there are differences in how the DV is dealt with when a military family is involved.

How is Domestic Violence Handled in the Military
How physical marital conflict is handled in the military depends upon who is committing the violence and where it is done.  By way of contrast, in the civilian setting, if a husband abuses his wife, she or a concerned individual will report the abuse to the police.  The wife may then file for a protection order.  In the military, if the abuser is a civilian, their behavior will also be reported to the local police.  If the abuser is military personnel and the violence occurs on a military base, then the military police are called in to investigate.  They report the abuse to the Family Advocacy Program as well as the abuser's commanding officer.  If the abuser is in the military and the abuse occurs off base, the local police are called.  There is no consistency, however, at the moment which requires the military personnel to be reported to the commanding officer or the Family Advocacy Program for their violent behavior.

If the commanding officer or the Family Advocacy Program learn about the soldier's domestic violence for abuse committed off base or if the abuse was committed on base, a caseworker is assigned to assess the situation and to develop a safety plan.  Part of this safety plan can be a protection order, similar to the ones that exist in the civilian world.  Where the process differs from the civilian world is the coordinated effort employed by the military to help stop and prevent further domestic violence. 

The caseworker submits their findings to a multidisciplinary panel which includes officials from the FAP, medical personnel, JAG, Chaplin and law enforcement.  They review the case and make recommendations to the commanding officer.  The commanding officer then, based upon the recommendations and the surrounding circumstances makes the decision to order his subordinate to counseling or other treatment or to impose disciplinary action from the Code of Military Justice.

When filing for divorce or domestic violence when a military personnel is involved it is important to remember that you need a Boise Divorce Attorney that has experience dealing with the military.  While there are similarities in civilian divorce their are factors that are handled differently when military personnel are involved. 

If you are in the military and need a Boise Divorce Attorney who has this experience, give us a call and see what we can do for you - (208) 472-2383 - you will be glad you did.

Sunday, February 19, 2012

Out-Laws and In-Laws





An interesting divorce phenomenon is what happens when you like the spouse your sibling divorced more than the sibling’s new spouse. This may go beyond the ex-spouse to the ex-spouse’s relatives. I have come across this a few times but I never knew what to call it until last night when a person was introduced to me as my friend’s out-law. This is in contrast to being an in-law which is a person related by marriage. I guess you could also call the person an ex-law or former-law. Perhaps it would be more precise to say sister-out-law. I Goggled and came up with ironically a recent article in the Philipine Star at http://www.philstar.com/Article.aspx?articleId=778591&publicationSubCategoryId=85 . More often than not the reference is to an outlaw or criminal. I still like the term out-law. The relationship does create some sibling problems and certainly the new spouse is not overjoyed. This is especially the case when you like the first spouse more than the new spouse. However, I have actually seen a situation where the first wife and second wife get along and the mutual husband all get along.

I always like to include a picture with my blogs. I could not find an out-law or in-law picture I liked so I resorted to movie posters that were interesting. In this case three. First, I love Clint Eastwood so I picked The Outlaw Josey ‘Wa les. Second, I have always been fascinated by Howard Hughes and remember reading about the movie he made with Jane Russell, The Outlaw and finally why not the In-laws with Peter Falk and Alan Arkin.
 
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM (247) 2/19/12

How to support someone going through a divorce or break up

Divorce or a really bad break up can be classed as a trauma regardless of how much notice one is given. If we consider the things that help us feel secure in life, our jobs/homes/relationships/family and health are our core foundations.
Going through a divorce or break up, for whatever reason, can come as a shock – even if you knew it was coming. It’s a massive change and as human beings, we don’t take changes very well. Yes, there are opportunities which arise out of the change but first you need to process the feelings of rejection, grief, anxiety, panic, worry, loss of self esteem (as sometimes the rejection experienced is taken personally) and loss of ‘self’ as you probably linked your self-worth to your relationship.
In this blog, I am not going to handle divorce from the point of view of the person going through the divorce but from the point of view of the person who is supporting a partner or loved one through a divorce.
It may be that your partner, parent or close family friend has just told you they are getting divorced and you are watching them spiral slightly out of control.
Many feelings will arise including moodiness, upsetness, depression, anxiety, panic and insomnia. It is very hard to know how best to support someone through the roller coaster of emotions and if they are your close partner, you will almost feel like you are on the roller coaster with them.
It’s tempting to want to make them happy, distract them or tell them to stop being gloomy and feel different/ look on the bright side of life. A common human trait is to try to intellectualise the emotion:
“think of the opportunities”
“you never liked your ex anyway”
“there are lots of fish in the sea”
“God will never give you something you cannot handle”
“don’t be sad, this is a chance to really examine everything from a fresh perspective”
Although all these statements are probably true – it’s ALL about timing. Delivering these messages in the first few weeks is not going to go down well.
In the first few weeks, it’s critical for the ‘soon-to-be-divorced person’ to just feel their emotions. Emotions, when fully experienced, naturally evolve along the path of healing but its often the people supporting the person being made redundant that interrupt this healing pattern.

The initial state before the cycle begins is often quite stable, at least in terms of the
subsequent reaction to hearing the bad news (compared with the ups and downs to
come, even if there is some variation, this is indeed a fairly stable state).
And then, in the calm of this relative paradise, a bombshell bursts…

The naked divorce grieving cycle

1 Denial stage: trying to avoid the inevitable.
2 Anger and betrayal stage: frustrated outpouring of bottled-up emotion.
3 Panic and negotiation stage: seeking a way out. Making deals with your
ex.
4 Humiliation, fear of failure or looking bad stage: gradually sinking into
a spiral, feeling embarrassed and avoiding seeing people.
5 Despair stage: realization that something awful is coming your way and
you’re strapped into the rollercoaster and helpless.
6 Loss, grief and depression stage: a final realization of the inevitable,
surrendering to the grief.
7 Space and nothingness stage: once you have grieved and grieved, experiencing
loss and pain, you’re left with a feeling of nothingness. It’s different
to numbness because you feel very present and can notice things around you.
Your senses are heightened. You may also find that you cannot cry anymore.
You experience an emotional vacuum.
8 Acceptance stage: seeking realistic solutions and finally finding the way
forward, it’s not a feeling of resignation. It’s a feeling of profound understanding
of the way things are and the way things are not.
9 Responsibility and forgiveness stage: taking responsibility for where you
may have caused cracks in the relationship and contributed to its subsequent
breakdown and divorce. Forgiving your ex and yourself for any failings during
the relationship is a critical part of true and real healing.
10 Gratitude stage: transformational experience. Learning from your divorce
and seeing positives and negatives from the experience. This stage completes
the healing.

If your loved one wants to know where they are within the divorce healing cycle, take them to this test:  

FIND OUT HOW HUNG UP YOU ARE

What you don’t realise, in offering intellectual platitudes is that you are only doing this so YOU can feel happy again. It’s your own discomfort with their emotional state being so linked to your own emotional state that upsets you. If you resist their emotional state, it will persist because it has no avenue to be expressed.
So to survive and be happy in the first few weeks of supporting your partner, it helps to stop linking your own happiness to the happiness of this person – move to your own orbit and allow them to simply ‘BE’ where they are. Break your dependence on them and instead of fretting, go play tennis, go for a walk on your own or go shopping and allow them to be.
Here are a few tips of what to do and what not to do in supporting someone through this change.

Don’ts

  • Don’t give pep talks. Its not your job to pump them up and ensure they are happy again. Understand their need to express their emotions and use the BUCKET exercise below to give them an avenue to express these emotions Don’t intellectualise their emotions or offer any ‘sage’ advice – telling them to look on the bright side of life or telling them that ‘everything happens for a reason’ just invalidates the pit of despair they are looking into. Allow THEM to come to this conclusion on their own – this way, they will own the conclusion on a deeper level Don’t orbit around them or link your own happiness to their happiness – they are entitled to their process and way of dealing with things.
  • Don’t tell them to snap out of it
  • Don’t tell them they are being ridiculous, self indulgent or dramatic – use the BUCKET exercise to hear them – sometimes people just need to vent their emotions – its not necessarily about you.
    They will want to indulge in what I call STEATs (short term emotion avoidance tactics) so they can feel better and run from their emotions. They will want to avoid dealing with their emotions by focusing on decorating, shopping, partying, drinking or being super ‘busy’ with something or other. Rather than rejoice in these activities with them, encourage them to stop and feel their emotions. Validate their right to their emotions. If they engage in STEATs for too Long, they may end up depressed due to repressing their emotions
STEATs EXPLAINED
One thing to guard against is that your partner does not avoiding dealing with their emotions by burying themselves in things which either numb the pain or distract them. Don’t get me wrong, in the early days of divorce, the S.T.E.A.T.s are probably the things which help your partner feel better in each moment. BUT the thing to be aware of is that it’s not feeling better for real – it’s a false sense of security – a false feeling of recovering. It fits into the false healing category.
Short Term Emotion Avoidance Tactics include but are not limited to:
Excessive eating
Alcohol and drugs
Excessive anger towards others
Excessive socialising
Over-exercising
Fantasy or escapism activities (books, TV, movies)
Isolation
Random sexual encounters
Shopping/retail therapy
Spending countless hours with your children under the guise of being a good parent but the actual agenda is using your children to help you feel better
The problem with Short Term Emotion Avoidance Tactics is that they are short term. They do not last, and they do not deal with the true emotional issue. S.T.E.A.T.s are distractions that either damage or delay the recovery process.

Do’s

Once 45 days have passed, if they are still moping around – get them to see someone to process their feelings so that they can move on

BUCKET YOUR FRUSTRATIONS

    • Go fetch a bucket (a real one) and sit together with no TV or chaos in the background with the bucket between you both You start by encouraging your loved one to express their frustrations, feelings and emotions into the bucket – you not allowed to respond except to acknowledge that you hear what they are saying and ask if there is anything else to go into the bucket – encourage your partner to ‘put all their frustrations into the bucket’ and vent everything that is pissing them off about life and how life should be.
    • Your job is – JUST LISTEN
    • Keep asking if there is anything else and keep going until the bucket is full and they can think of nothing else
    • When done, you both pick up the bucket and throw out these frustrations out of the window or door
    • Now it’s your turn It’s good to say how you feel but I recommend not sharing your worries about their divorce – focus on other things that annoy you or frustrate you — this way, your loved one will feel they are not alone in being frustrated but they will feel that you are not pressuring them to snap out of their emotions
    • When done, you both pick up the bucket and throw out these frustrations out of the window or door
GRATITUDE
Now you both take turns to say what you are grateful for about your life. Your lives are actually very rich and amazing BUT because you dont focus on that, you dont see this. I want you to come up with at least 5 things you are grateful for
CREATE TOMORROW
Now you both take turns to say what you will accomplish tomorrow. This is important because at the moment, life is happening and things are not being created. Creation has a beauty to it
So, I hope that helps a bit. It is very challenging to go through a divorce, but even more challenging if you are the partner or close person of someone in that situation. If you have a specific situation you would like reviewed, contact the naked divorce team http://www.nakeddivorce.com/contact-us.

Till next time!


Thursday, February 16, 2012

Fairer financial settlements for men on divorce?

It has recently been reported that the Chinese government has introduced legislation which abolishes the previous position whereby property was divided equally on divorce.
Traditionally, a husband in China was expected to provide the matrimonial home prior to marriage and receive no benefit on any subsequent divorce. Now, divorce settlements are to be funded according to how much each spouse contributed to the marriage.
So how does this compare with the position in England and Wales? In every case, the court takes into account a number of factors when determining the appropriate level of financial settlement. This includes contributions by both spouses (which may include gifts or inheritances received). However, there may be other competing factors which take precedence, such as the needs of the parties and any children of the marriage.
By having a checklist to which the court has regard, all financial settlements are intended to produce a fair outcome.
This is a complicated area of law and it is important that you take legal advice from a specialist solicitor.
For more advice on divorce and family law issues, follow our family law blog or follow us on Twitter @Divorce_experts.

Wednesday, February 15, 2012

10 Year International Custody Battle Ends

There are reports in the news today about the end of a long-running custody battle in the US arising from abduction proceedings under the Hague Convention.
 
The proceedings have, according to the reports, been ongoing for almost 10 years, and finally ended this week when the child in question turned 16 and so was no longer covered by the international rules governing international child abduction, The Hague Convention.
 
The case centred on whether the child should be returned from the US to Chile after being removed from Chile by the mother without his father's consent in 2003.  Some of the reports focus on whether it would have been fair for the child to be returned to Chile, despite it being his wish to remain in the US.
 
What many people do not realise is that the Hague Convention is not intended to address the long-term arrangements for a child, or assess where and with whom the child should live in the long term, but rather, to decide which country should make those enquires and a final decision.  It is not uncommon for there to be Hague Convention proceedings in one country, following which a child is returned to the country in which they used to live, where a new round of litigation follows to decide in which country and with which parent the child should live moving forwards. A Return Order under the Hague Convention does not necessarily mean that the child will have to stay in the country to which they are returned forever.  As a result, lawyers in both countries often work together on both aspects of the litigation to protect the interests of their client and the child interests in both jurisdictions.
 
Any movement of a child across an international boundary, even if for a holiday, can have serious legal consequences if not done lawfully, and families with international links are always well advised to gain an understanding of the legal position at an early stage, to avoid problems in the future.
 
Here at Pannone, we have specialists in international children cases and child abduction who are always happy to help.

Monday, February 13, 2012

Boise Divorce Attorneys - Custody Issues Prior to Divorce

Custody Issues Prior to Divorce
Obviously it takes some time to get your divorce finalized.  So, what do you do as far as custody with your minor children?  Custody can be handled either formally or informally.

If you want the court to make a formal statement as to custody or you can't agree, your divorce attorney can file a motion for temporary orders.  There is a mini hearing and the judge decides what the visitation schedule will be as well as the custody arrangement.  The respective divorce lawyers will present evidence and statements to the judge and based upon this information the judge will decide.

If you are on working terms with the other parent, you can informally agree on what the arrangement will be.  You, not the judge, makes the decision as to how visitation and custody will be handled.  The problem arises when the parties can't agree and then there is no order to have the court enforce.

Ultimately, the court will decide what the custody arrangement will be.  Hopefully, you are able to work out the intricacies with the other parent through mediation so that it is a custody arrangement that will work for both parties.  The courts and the attorneys like to see custody worked out in mediation because it leads to less need for modification.  You and the other parent know your children and your life style the best so it just makes sense to work out the custody arrangement instead of litigating the issue.

If you have a divorce or custody issue and need to speak to a Boise Divorce Attorney, please call (208) 472-2383 and make an appointment for your free consultation today.

Friday, February 10, 2012

Drive-time Divorce

It's reported today that a radio station in New Zealand is running a win-a-divorce competition. An unamed man will tell his wife live on the Valentine's Day drive-time show that he wants divorce and in return the radio station will pay his divorce solicitors fees.

Such a stunt is likely to increase hostility between the couple and make it difficult to resolve the issues arising from the divorce amicably, in particular the divorce settlement.

It has to be hoped that there are not children of the marriage who could be affected.

Paying for divorce advice can be a real worry but there are many options available for funding costs which your divorce solicitor will be able to explain.

There is no need to resort to such an unkind and potentially harmful tactic which may cost far more in the long run.

For more divorce advice read our family law blog or follow us on Twitter @Divorce_experts

Wednesday, February 08, 2012

Divorce, Mediation and Broadcast Call Letters



As a child I noted with pride that my Father’s license plate was KLNW or WNLK backwards. My Father had come to Connecticut to work in radio advertising and first went to work at WNAB in Bridgeport and then to WNLK when it opened in Norwalk, Connecticut. He told the story how he first had WNLK but the owner wanted it and so he got WNLK backwards or KLNW. This all lead to my wanting my own license plate which has been ZWMZ since 1969 but also lead to an interest in broadcast call letters. I Goggled call letters and found a web site that listed most and what they mean. See it at http://nelson.oldradio.com/origins.call-list.html It included WNLK which is an abbreviation for NorwaLK. Of course I looked for ones dealing with mediation and divorce and found a few and a few others which were interesting or had a personal meaning. Remember that the first letter K is for stations west of the Mississippi and W for those east of the Mississippi. These include:


WDIV-TV,Detroit, MI for D)etroit IV = 4 (Channel 4) but could also be an abbreviation for DIVorce.


KID, Idaho Falls, ID for I)d)aho Falls, Idaho but also kids.


KIDO, Nampa, ID,for K)i)d)do), knickname for member of owner's family.


KFAM, St. Cloud, MN for F)red a)nd M)aude, the original owners but also abbreviation for FAMily.


KFAT, Gilroy, CA for all sorts of things based on 'FAT'


KBOM, Los Alamos, NM for BOM = bomb (birthplace of atomic bomb). Always wanted to visit but have been to the Trinity site.


KDRO, Sedalia, MO for D)r)o)lich Brothers in Divorce court DRO stands for Domestic Relations Officer.


KDOG, Mankato, MN for The D)o)g) Slogan: We've got a leg up. I like dogs and especially Golden Retrievers.


KFOG, San Francisco, CA for San Francisco: F)o)g) City.


KFRO, Longview, TX for K)eep F)orever R)olling O)n but also Family Relations Officer.


KFYI, Phoenix, AZ for F)or Y)our I)nformation.


KGET(TV), Bakersfield, CA for K)ern [County] G)olden E)mpire but also for the Jewish Divorce, a GET.


KIND, Independence, for I)n)d)ependence.


KOOL, Phoenix, AZ for KOOL = Cool Note: see KOLD, Tucson


KOLD-TV, Tucson, AZ for KOLD = Cold Note: see KOOL, Phoenix. Tucson is my home town!


KPIG, Freedom, CA for The P)i)g) at 107 oink 5 FM.


KUDO, Anchorage, AK for KUDOs for Anchorage.


WCOP, Boston, MA for C)o)p)ley Square Broadcasting Co. Also COP for policeman.


WCOW, Sparta, WI for COW - America's Dairyland


WCPA, Clearfield, PA for C)learfield, P)A) but also Certifed Public Accountant.


WHAM, Rochester, NY. Chosen by owner George Eastman because


they sounded nice


WHEN, Syracuse, NY. Easily remembered, single syllable word but also a question frequently asked in mediation.


WHIZ, Zanesville, OH for W)e're H)ere I)n Z)anesville


WHO, Des Moines, IA for Who is it? or W)ith H)ands O)nly but also a question frequently asked in mediation.


WINS, New York, NY for I)nternational N)ews S)ervice, Hearst Wire Service but also what everyone wants to do in a divorce.


WLIP, Kenosha, WI for William L)i)p)man, the founder and 40 ars-plus owner.


WMAM, Marinette, WI for M)arinette a)nd M)enominee but also one of my daughter’s initials or greeting for women.


WMGM¸New York, NY for M)etro-G)oldwyn-M)ayer but also my Wife’s initials.


WMMM, Westport, CT for W)estport's M)odern M)inute M)an Note: Reference to Minuteman Statue in area. (Further note that Statue was in a I Love Lucy show) Near towns we lived in Connecticut an my initials and my Wife’s initials.


Christian station


WOLF, Syracuse, NY for Memorable name and image for 'WOLF' but also my name in Hebrew and the name my parents almost gave me.


WOMN, Hamden, CT for W)om)an), now WQUN [was targeting women


WORK, York, PA for Yo)r)k), later WZIX and WOYK but also a favorite line by Maynard G. Grebbs in the Dobbie Gillis Show.


KSHE, St. Louis, MO. Originally featured a format targeted toward women


KSSN, Little Rock, AR for Kissin'.


WUPI, Peabody, MA for Whoopie as in Making Whoopie. Also I like Whoopie pies.


WVIP, Mt Kisco, NY for V)ery I)mportant P)lace (on your dial) for V)ery I)mportant P)eople


WWON, Waynesboro, TN for WON='one', W-ONE and Woonsocket, RI for L W)o)on)socket. What a person hopes to have done in a divorce.


WHUS, Storrs, Connecticut for Husky the University of Connecticut mascot. A double hit for me. I went to undergraduate and law school there and could be an abbreviation for HUSband.


I could not find any K or W ADR for Alternative Dispute Resolution, MED for Mediation or WIFE, IRA for Individual Retirement Account, ATY for attorney, DEF for defendant, PLT for plaintiff, WIFE, MOU FOR MEMBERANDUM OF UNDERSTANDING, TRO for Temporary Restraining Order, SSN FOR SOCIAL SECURITY NUMBER. See my blog on Divorce and Marriage Acronyms on January 20, 2011 at http://centerfordivorcemediation.blogspot.com/search?q=acronyms for more possibilities.


As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM (246) 2/8/12

Monday, February 06, 2012

Boise Criminal Lawyers - Criminal Defense Attorneys (208) 472-2383

Charged with a Crime?  What Not to Do -
As a Boise Criminal Lawyer people often call me after they have committed a crime.  They also call me when they have already made some serious mistakes that can effect their case.  If , as a criminal attorney, I could educate the general public on what to do or not to do after they are arrested, many people would be prevented from getting themselves into more trouble than they are already in.

Besides the obvious mistakes of violating a protection order, violating your probation or your parole, driving with a suspended licenses or drinking and driving while on probation for a DUI charge there are mistakes you can make before you have been found guilty or plead guilty to a crime.





If you are in custody the very first rule you must abide by is not to say anything to anybody, on the phone or over an internet chat, that might be incriminating.  I have had prosecuting attorneys use evidence against my clients in court that they discovered by listening to their phone conversations.  Your conversations are not protected and can and will be used against you.

The next thing you must keep in mind as a criminal defendant is to never speak to a potential witness.  If you absolutely must speak to them, do not say anything about your case.  The last thing you want is to be accused of is trying to influence a witness.  Criminal lawyers are trained in questioning witnesses.  They know how to get them say what they want or not to say what they don't want them to say.  Let the criminal defense attorneys do the talking to the witnesses.

Finally, you've seen it on TV, you've heard it, you've read it - "You have the right to an attorney, anything you say can and will be used against you".  Nothing can be more true than this.  When the police read you your Miranda rights, they are serious.  Get an attorney before you say anything!

If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give us a call and see what we can do for you - (208) 472-2383








Sunday, February 05, 2012

BOOK - Naked Divorce for Women



How do you get over one of the most personal and devastating of life traumas and move on? How do you guarantee that you don't repeat the same mistakes, time after time and ENSURE you heal ethically from your divorce? 87% of people that don't 'process' their divorce, repeat the same mistakes in their next relationship. Introducing a revolutionary 21-day program which will not only get you back on track fast, it will actually help ensure you don't repeat the same mistakes in your next relationship. You will learn how to: strip away your old relationship baggage for good, learn to work with your emotions and not to fear them, deal powerfully with your family, friends and work colleagues, stop jealous and obsessive thoughts, hear the sorry you need to hear from your ex, avoid the biggest mistakes many people make within their career during divorce, tame your crazy emotions and re-establish emotional equilibrium, learn how to pave the way to ļ¬nding the love of your life, use your divorce as the catalyst to become the woman you were always destined to be...

Available on Amazon: Purchase the BOOK here!

Saturday, February 04, 2012

Boise Bankruptcy Lawyers (208) 472-2383 - Chapter 7 Bankruptcy

The Nuts and Bolts of Bankruptcy

As Boise Bankruptcy Lawyers we often get calls from individuals wanting to know how much bankruptcy costs and how long it takes.  These are common questions which I call the Nuts and Bolts of Bankruptcy.

The first cost to consider is the cost of having a Boise Bankruptcy Attorney represent you.  There is a wide range of costs here.  Some lawyers will charge the least possible amount, while other attorneys represent the more expensive end.  So how much should you pay for a bankruptcy?  The answer to this depends upon how comfortable you are with your bankruptcy and how much input, advice and effort you will expect from your bankruptcy attorney.  If you want to get off on the cheap, then you shouldn't expect too much help or advice.  You also, however, don't need to spend an arm and a leg.  You can find a reasonably priced bankruptcy lawyer to get the job done right.  Another thing to consider when looking at the cost of bankruptcy is how much debt do you have and how much time will the bankruptcy lawyer have to put into your case.  Obviously, the more debt the more work.

The next cost is your filing fee.  Every Chapter 7 Bankruptcy will come with a $299 filing fee.  That is the fee established by the Federal Bankruptcy Court.

What is required for a Chapter 7 Bankruptcy
You must file a bankruptcy petition in Federal Bankruptcy Court.  It is here that you pay your $299 filling fee. You must reveal all of your debt, whether it is dischargeable or not.  Certain debt, such as student loans, taxes and child support cannot be discharged.  An individual filing for bankruptcy will be required to go to credit counseling.  It must be through an accredited and recognized company.  For a list of acceptable credit counselors, go to www.usdoj.gov/ust

In addition, your bankruptcy will be overseen by the bankruptcy trustee and you and your bankruptcy attorney must attend a debtor examination.  After the trustee is convinced that you have revealed all of your debt, it is up to the bankruptcy judge to affirm your bankruptcy.  It can take about 4-6 months for a bankruptcy to be completed.  However, once you have filed for bankruptcy an automatic stays is put into place and all collection activity must cease.

Also, you may only file for Chapter 7 Bankruptcy once every eight years.  If you get into another financial fix and are swamped with debt, it is possible to file a Chapter 13 Bankruptcy. In a Chapter 13 your debt is not discharged, it is reorganized and you are put on a payment plan.

If you have overwhelming debt and need to speak to a bankruptcy lawyer, please give us a call and see what we can do for you.  Call now, (208) 472-2383

Friday, February 03, 2012

Tycoon grounded by divorce courts

Scot Young will today ask the court to return his passport which was confiscated in proceedings concerning his divorce settlement as punishment for his failure to provide full information about his finances.

Mr Young says the removal is a breach of his human rights and indeed the penalty does at first seem draconian - particularly as Mr Young says he wants to travel to China to undertake charitable work.

But what of the rights of Mrs Young to a fair divorce settlement? How can her divorce solictors give her accurate divorce advice without a true picture of Mr Young's financial affairs?

The case is a reminder that the court's take very seriously the obligation in divorce proceedings to provide details of all your finances and can impose harsh penalties for those, like Mr Young, who fail to comply.

Take advice from an expert divorce solicitor or you might find yourself grounded too.

Read more comment on our family law blog or follow us on Twitter @Divorce_experts

Thursday, February 02, 2012

Boise Divorce Attorneys - Idaho Family Law Lawyers (208) 472-2383

Boise Divorce Attorneys - Parenting Co-Ordinator - Judge

What do Boise Divorce Attorneys, Parenting Co-Ordinators and Judges have in common?  All three can, and often do, have a shared influence on the ultimate custody order in a divorce or custody case in Idaho.

In a divorce or custody case, there are various steps that your divorce lawyer, the other side's attorney and the judge go through in determining what the best custody arrangement will be for you and your child.  The main principle behind establishing custody is the best interest of the child.  The judge prefers when the parties, either by themselves or through their lawyers, come up with a parenting arrangement that works well for everyone involved.  This is the ideal, but this doesn't always happen.

If the parties can't come to an agreement, what does the court do? According to Idaho Rules of Civil Procedure an Idaho court can, by agreement, appoint a parenting co-ordinator.  This is a neutral individual who will help the respective parties come to an agreement about parenting and custody.

What if the parents won't agree to a parenting co-ordinator?  The court can and will appoint a parenting co-ordinator if the issues of custody continue to be relitigated, the minor child's well-being is at risk because of their inability to co-parent, there has been domestic violence, one of the parents is mentally ill or chemically dependent, or to protect the best interests of the child.

What does the parenting coordinator do?  The parenting co-ordinator is supposed to help the parents, the attorneys and the judge, through an impartial view of the circumstances, come to a parenting arrangement that is in the best interest of the child.  This is a new approach, and the judges, the attorneys and the co-ordiantors are trying to come up with what should be the duty of the co-ordinators but the general idea is that the neutral resource will collect all the pertinent information in relation to the child's best interest and the parents' desires and come up with a parenting agreement that works well for the parties involved.

The Idaho Rules of Civil Procedure pertaining to this issue, however, do not prevent the attorneys from advocating on their clients' behalf.  This means that if the co-ordinators recommendations do not meet your expectations, your attorney can still take your custody case to court, present evidence and litigate the issues at hand.

If you have a divorce, custody or family law issue and wish to speak to a Boise Divorce Lawyer, please give us a call and see what we can do for you.  (208) 472-2383

Divorce Through The Generations

Is the conflict that exists between parents transmitted to their children? Are children of divorce at higher risk for divorcing?

Numerous studies have found that children of divorce are at a higher risk to one day divorce themselves. Why this occurs has led to speculation that an intergenerational transmission process of marital discord exists. Research has supported this notion. In a study conducted by Amato & Booth (2011) the authors conclude that the quality of an individual’s parents’ relationship is related to the reported quality of the children’s later adult relationship quality. Parents who exhibited the following six personality traits: jealousy, easily angered, domineering, critical, moody, and refusal to talk to anyone, exhibited disrupted interpersonal relations and predicted their children’s later marital conflict. Amato & Booth conclude that one or both parents’ negative interpersonal style is at the heart of the intergenerational transmission of marital conflict. One of the ways this is believed to occur is through observational-learning. Observational-learning holds that children process and store their parents’ behaviors and later replicate this behavior in their own marriages.

QUESTION:

Does this seem true in your personal experiences of divorce? Whether it be your own divorce, being a child of divorce, or experiences of divorce related to family and friends?



Kimberly A. Kick, LCSW
Copyright © 2012 Divorce Communications. All Rights Reserved.

Wednesday, February 01, 2012

Rube Goldberg Divorce


I have always been a fan of Rube Goldberg. You can learn more about him and see examples of his work at his official web site at http://www.rubegoldberg.com. According to Wikepedia, “Reuben Garrett Lucius Goldberg (July 4, 1883 – December 7, 1970) was an American cartoonist, sculptor, author, engineer and inventor. He is best known for a series of popular cartoons depicting complex gadgets that perform simple tasks in indirect, convoluted ways. These devices are now known as Rube Goldberg machines. Goldberg was only married once but one of his characters Boob McNutt married his true love Pearl, then divorced, then married again and divorced again. I don’t think Liz Taylor and Richard Burton did that! I cannot draw cartoons but I have tried to write a Rube Goldberg scenario for a divorce. It follows:

1. Man is watching movie Cleopatra on TV and thinks about Richard Burton and Liz Taylor getting divorce and his Wife walks into the room.

2. Man asks his Wife for a divorce, she faints and scares the cat.

3. The cat run away causing the dog to chase the cat. The cat lands on the CD player and starts the song Divorce my Tammy Wyatt.

4. The dog knocks over the telephone which hits the speed dial on the phone calling the Husband's attorney.

5. The Husband's attorney has caller id and hears Tammy Wynettte singing divorce and promptly prepares the divorce papers, gives the papers to the Sheriff to serve the Wife and bills the Husband.

6. The Sheriff services the Wife who faints again and drops the papers. A bird flys by picks up the papers and flys out the window.

7. The Wife's attorney happens to be sitting on a park bench near by and the bird drops the papers in his lap. The attorney goes back to his office and promptly files an answer, cross complaint, a dislcosure and production motion, schedules a deposition and sends a bill to the Wife.

8. The bills both arrive the same day and both the Husband and Wife faint and do nothing.

9. The court does not hear from either party and by mistake grants the divorce and notify both Husband and Wife

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM (245) 2/1/12