If low-conflict custody disputes can be resolved more quickly and efficiently, the courts can focus on the more difficult cases.
Is the judge’s job to call balls and strikes, as expressed by Chief Justice Roberts in his confirmation hearing, or is it more expansive–to get to the “right” result, even when it requires the judge to bend the law to get there.
I just completed my first year as a faculty member at the ABA Divorce Trial Advocacy Institute. I was there with other superstar instructors from around the country. Also on the faculty were nationally recognized psychologists and business evaluators helping teach students the nuances of dealing with mental health and business evaluation experts.
While I was [...]
New Case Law:
May 20, 2010
In re Marriage of Baumgartner, Ill, No. 109047 (per Freeman)
FACTS:
In their judgment for dissolution of marriage, Susan and Craig Baumgartner both agreed to contribute to the postsecondary educational expenses of their son Max. After Max was convicted of a criminal offense and was serving a three-year sentence, Craig motioned [...]
A family-law practice is grueling. We deal with intense emotions on a daily basis. Highs are higher and lows are of course, lower.
The reward, however, is helping people, often miserable, improve their lives and circumstances post-divorce. And while we would love to think of ourselves as heroic (our clients often do), the truth is that [...]
Many people seeking legal services incorrectly believe that all attorneys, by virtue of their law license, are equally capable. The law and the profession, by their mystique, create this mistaken impression. But unfortunately, for an ill-informed public, this is not the case. Legal services in family court are rarely commodities–uniform and routine. Especially now, in an economic climate [...]
Mistretta v. Mistretta, Fla. Dist. Ct. App., No. 1D09-2049 (per Benton) Decided February 18, 2010.
Facts:
In the final judgment dissolving the parties’ marriage, entered on August 25, 2008, the trial court used October 31, 2007 as the date for determining the value of assets for purposes of equitable distribution. The trial court distributed one of the parties’ [...]
1. You can beat the system. Nice try. That brilliant idea–the one that will allow you to avoid your legitimate obligations– has been thought of before and the law has remedies. Like the guy who sold his business to his brother for $200, the court won’t tolerate this nonsense. Your brilliant idea will undoubtedly backfire.
2. [...]
The Idaho Supreme Court recently issued a decision that explores the role of familycourt. While generally unremarkable, the ruling is insightful in its examination of the limits of the court’s power. In Allbright v. Allbright, http://tinyurl.com/phk9tj, filed August 21, 2009, the Court reversed a trial court that held that a custodial parent could not relocate a distance that would interfere [...]
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