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	<title>The Family Law Resource Guide</title>
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	<description>Finding Your Way Through the Divorce Process</description>
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		<title>Why You Need A Tribe</title>
		<link>http://flrguide.com/2010/05/why-you-need-a-tribe-2/</link>
		<comments>http://flrguide.com/2010/05/why-you-need-a-tribe-2/#comments</comments>
		<pubDate>Wed, 19 May 2010 09:02:20 +0000</pubDate>
		<dc:creator>mfisher</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://flrguide.com/?p=289</guid>
		<description><![CDATA[
Why You Need A Tribe
Rebecca, 44, is a Bay Area parent with an inflexible work schedule.  She and her husband had pieced together a &#8230; <a href="http://flrguide.com/2010/05/why-you-need-a-tribe-2/" class="more-arrow">more</a>]]></description>
			<content:encoded><![CDATA[<p style="text-align: center;"><a href="http://flrguide.com/wp-content/uploads/2010/05/Stacked-hands-e1274424393582.jpg"><img class="aligncenter size-full wp-image-343" title="Hand tower" src="http://flrguide.com/wp-content/uploads/2010/05/Stacked-hands-e1274424393582.jpg" alt="" width="521" height="346" /></a></p>
<h3>Why You Need A Tribe</h3>
<p>Rebecca, 44, is a Bay Area parent with an inflexible work schedule.  She and her husband had pieced together a division of duties that kept the whole family&#8217;s busy schedules humming.  Rebecca and her husband are now separating, and the logistics of their arrangement no longer work.  Carl, 57, now has joint physical custody of his three, school-aged children; two of whom have special needs.  His wife is returning to work after 15 years, and Carl faces a big learning curve on hands-on childcare.</p>
<p>Transitioning from coupledom to life as a single parent can be a jolting reorientation and it can feel like sprinting across a tightrope without a net.   How do you and your family get through it?  That&#8217;s where the tribe comes in.</p>
<h3>A Tribe In Action</h3>
<p>In the immortal words of Joe Cocker:  you can &#8221;get by with a little help from your friends&#8221;. It&#8217;s working for Rebecca.  Through a friend, Rebecca found a skilled family law attorney who will mediate her separation and prepare a separation agreement to file with the court.  Through another friend, she found an accountant who will look over her new budget and answer a question about how selecting Head of Household tax status could impact the Dissomaster formula for spousal support she may receive.   When she shared news of her separation with her inner circle, several friends stepped up, volunteering to be added as authorized persons to pick her daughter up from school should Rebecca find herself in a pinch.   For eons, people have banded together to create mutually-beneficial social groups in order to survive.  In fact, humanity may be at its best when the chips are down and we pull together.<span id="more-289"></span></p>
<h3>How Do You Build a Tribe?</h3>
<p>What if you&#8217;re new in town?  Or, if the demands of career and family have stunted your social life; what then?  It&#8217;s never too late to strengthen your tribe; here&#8217;s how:  Get to know your neighbors.  Borrow a cup of sugar, return it with a brownie dividend.  Get to know other parents at your child&#8217;s school, invite another family over for Friday night pizza in your backyard.  Help a pal with a landscaping project.  Welcome a neighbor&#8217;s new baby with a pot of daisies.   Whether you&#8217;re a man or woman, having an inner circle of friends who&#8217;ve &#8220;got your back&#8221; adds richness and comfort to your life.  A strong connection to friends and community does not fill in all the gaps left from a separation or divorce, but the reminder that you are not alone in the world is enormously beneficial for you and your children.  The important thing is to cultivate friendship:  give your friendship, give your time, lend an ear, lend a hand.   Enjoy the people in your life.</p>
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		<title>Creative Divorce Strategies in a Down Economy: House Under Water</title>
		<link>http://flrguide.com/2010/04/creative-divorce-strategies-in-a-down-economy-house-under-water/</link>
		<comments>http://flrguide.com/2010/04/creative-divorce-strategies-in-a-down-economy-house-under-water/#comments</comments>
		<pubDate>Fri, 16 Apr 2010 05:35:25 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Featured - Front Page]]></category>
		<category><![CDATA[In the News]]></category>
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		<guid isPermaLink="false">http://flrguide.com/?p=150</guid>
		<description><![CDATA[
For couples who’ve decided to end their marriages, the question of what to do about the family home adds complexity to the divorce process. &#8230; <a href="http://flrguide.com/2010/04/creative-divorce-strategies-in-a-down-economy-house-under-water/" class="more-arrow">more</a>]]></description>
			<content:encoded><![CDATA[<p><img class="size-full wp-image-152 alignnone" style="margin-bottom: 14px;" title="blogpost_sampleimage" src="http://flrguide.com/wp-content/uploads/2010/02/blogpost_sampleimage.jpg" alt="" width="490" height="188" /></p>
<p>For couples who’ve decided to end their marriages, the question of what to do about the family home adds complexity to the divorce process.  The recession has taken a bite out of nest eggs nationwide, across every demographic.  High unemployment rates have not helped matters, and financial strain itself has fueled marital discord and divorce.</p>
<p>Selling the family home is a big challenge for many couples looking to divorce.  Once, the marital asset of greatest value, for many, it has become an albatross.   When neither spouse can afford the mortgage by themselves, and if the house cannot be sold for enough to pay off the lender, some people are deciding not to divorce, and instead, try to work out their differences.  Others have decided to delay divorce.  Couples set on splitting up are finding creative solutions to this housing dilemma.  Here are some of the options:</p>
<p><tt><span id="more-150"></span></tt></p>
<p>(1) <strong>Becoming Roommates:</strong> Not for everyone, but a great many couples now find it a financial necessity.  Should be attempted only by emotionally stable spouses parting amicably.  Here’s how it works:  The couple divorces or legally separates, but they share the home temporarily, as roommates, until the home can be sold.   The reward for patience and getting along is the chance to sell the house when the real estate market turns around, preserve credit ratings, and maybe even walk away with a bit of cash.  If there are children in the house, remember that little eyes will be watching how Mom and Dad treat each other under the new arrangement; there is a lifelong benefit for children in seeing their parents interacting respectfully and cooperatively in the course of, and after, divorce.   Ground rules and courtesy are essential to keep the peace.</p>
<p><strong>House Sharing Plus</strong>:  One fairly amicable, middle income, Bay Area couple with an underwater condo and a 5 year old child negotiated a creative stop-gap solution that accomplishes several of their joint goals:  it keeps their child eligible to attend their chosen neighborhood public school, prevents a financial loss from a short-sale on their home, and gives their child more stability during the family&#8217;s transition.  The couple  worked out a modified house sharing plan that includes a one-year lease on a studio apartment.  The child stays in the home and the parents rotate between the two residences.  This arrangement requires a lot of flexibility and courtesy between the adults, but because both parties value what they stand to gain from the arrangement, they say it is worth it to them.   Memorializing the terms of the arrangement, rules and what each party can expect, including an agreement on how disputes will get resolved, helps things run smoothly.</p>
<p>(2) <strong>CoAbode – Single Mothers House Sharing </strong>can be wonderful short or long-term solution to the housing needs of divorced mothers and their children.  CoAbode<strong> </strong>facilitates house sharing opportunities for single mothers and their children in cities all across the country.   For many women, house sharing may be the only way to keep their homes.   Likewise, it gives single mothers who are looking for rental housing an alternative to apartment living.   Aside from the financial benefits of house sharing, a camaraderie and friendship can develop that is supportive for both families.  CoAbode has received gobs of national press (Good Morning America, NPR,  USA Today, CNN, ….) and plans to offer a similar service for single fathers and their children in the future.  See their website to learn more:  <a href="http://www.coabode.com/">www.coabode.com</a>.</p>
<p><strong>(3) Short Sale to Avoid Foreclosure:</strong> If the mortgage obligation cannot be met, if the house is worth less than the mortgage obligation, and if the family home is in danger of foreclosure, than a “short sale” might be a solution.  Many lenders will work with borrowers to execute a short sale wherein the borrowers find a buyer willing to pay fair market value for their home, and the bank agrees to forgive the difference between the sales price and the mortgage amount.   Typically, a borrower must prove that they are financially insolvent to be eligible.   About.com has a brief and informative article on options for stopping foreclosure: <a href="http://homebuying.about.com/od/4closureshortsales/qt/011708_stopfore.htm">http://homebuying.about.com/od/4closureshortsales/qt/011708_stopfore.htm</a>.  A real estate attorney can provide legal advice and negotiate with lenders on borrowers’ behalf.</p>
<p>Professional legal advice is key before making any decisions about who will live where.  See How to Choose an Attorney for tips on how to find the kind of attorney you need.</p>
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		<title>Not All Divorce Lawyers Are Family Law Experts</title>
		<link>http://flrguide.com/2010/04/not-all-divorce-lawyers-are-family-law-experts/</link>
		<comments>http://flrguide.com/2010/04/not-all-divorce-lawyers-are-family-law-experts/#comments</comments>
		<pubDate>Fri, 02 Apr 2010 09:47:46 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Featured - Front Page]]></category>
		<category><![CDATA[In the News]]></category>

		<guid isPermaLink="false">http://flrguide.com/?p=155</guid>
		<description><![CDATA[Finding good legal representation just got a little trickier.   The recession has inspired some attorneys who’ve built their careers in real estate &#8230; <a href="http://flrguide.com/2010/04/not-all-divorce-lawyers-are-family-law-experts/" class="more-arrow">more</a>]]></description>
			<content:encoded><![CDATA[<div id="lipsum">Finding good legal representation just got a little trickier.   The recession has inspired some attorneys who’ve built their careers in real estate law and other hard-hit sectors to begin eyeing family law as a way to supplement their income.   The Connecticut Law Tribune reports that “family law attorneys statewide have begun noticing some unfamiliar faces in their area of specialty.  And given the state of the economy, they don&#8217;t think it&#8217;s a coincidence.”</div>
<div>Much like doctors, attorneys often specialize in a particular area of law such as securities, labor, tax, immigration, and so on.  These specialties are different from one another without a lot of overlap.  Specialization allows attorneys to focus their time on the kinds of cases they find interesting and rewarding, while creating valuable expertise for which clients will often pay higher fees.</div>
<div id="lipsum">
<div>Family law is its own specialty.  In California, attorneys who meet certain qualifications set forth by the California Board of Legal Specialization can become Certified Family Law Specialists.  Qualifications include:</p>
<p><span id="more-155"></span></p>
<p>(1) having been engaged in the practice of family law for a minimum of 25 percent of the time spent in occupational endeavors during the previous five years;</p>
<p>(2) being an active member of the State Bar of California;</p>
<p>(3) passing a written exam;</p>
<p>(4) demonstrating a high level of experience in the field of family law by meeting specific task and experience requirements;</p>
<p>(5) completing at least 45 hours of continuing education in family law; and</p>
<p>(6) being favorably evaluated by other attorneys and judges familiar with the attorney&#8217;s work.</p>
<p>See the Association for Certified Family Law Specialists’ website for their article titled “Why you should be represented by a Certified Specialist” http://www.acfls.org/whychoose.php.  It’s a good read.</p>
<p>So, is it wrong or unethical for attorneys who are not State Certified Family Law Specialists to take on family law cases?  No, it is not.  Attorneys, like the rest of us, are business people responsible to adjust their businesses to meet challenges they face.  There are, undoubtedly, some gifted attorneys who can quickly bring themselves up to speed in a new practice area and do a sound job of representing their clients.  There are also attorneys who are generalists and do a little bit of everything.</p>
<p>Divorce is the biggest legal issue most people will ever face.  As a client, at stake are your children, your assets, your long term financial obligations, and let’s not forget the long arm of the tax man.  Whether a divorce is amicable or high-conflict, there is no substitute for experience, expertise and good judgment.   Choosing an attorney with little or no experience in practicing family law may mean that the person entrusted to achieve a fair custody arrangement, or a reasonable spousal support agreement, may be winging it.</p>
<p>The entire process of choosing a divorce attorney is like a wicked game of pin-the-tail-on-the-donkey.  Relevant legal expertise is essential, but there is more to divorce than case law.  Negotiations between the parties are often delicate and require an experienced facilitator with a high E.Q. who can interact productively, read the signals from opposing counsel, and create opportunities for consensus and settlement.    Walter Wriston, the legendary 1980’s-era CEO of CitiBank is credited with a famous saying:  “Good judgment comes from experience, and experience comes from bad judgment”.    Although it can be uncomfortable, politely asking certain questions before hiring your attorney can help you find legal representation already endowed with good judgment, expertise and experience.  See an upcoming post on “How to Interview an Attorney.”</p>
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