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  • 23 Feb. 2017

    Sole or Primary Child Custody - What are a Father's Chances of Winning It?

    Posted By The Buncher Law Corporation

    When most entertainment media cover the topic of divorce or family law disputes, there seems to almost always be a father figure cast in a negative light. How many movies have you watched that included an abusive dad that couldn’t control his temper? Or, how many television shows have you seen that presented the mother as a caring, protective figure and the dad too strict and authoritarian? ...
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  • 27 Jan. 2014

    Dealing With Child Custody in Family Law Mediation

    Posted By The Buncher Law Corporation

    In a litigated divorce cases involving child custody and visitation, the parties have two options: They can come to an agreement, or they can let a judge decide. If the idea of a third party dictating how often you can see your children seems intrusive and distasteful, child custody mediation may be a good option for you. A mediator can help you and your spouse frame a conversation relating to ...
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  • 16 Jan. 2014

    My Spouse and I Reached an Agreement With the Help of our Mediator. What's Next?

    Posted By The Buncher Law Corporation

    After successfully negotiating a divorce agreement with a mediator, you and your spouse should consider having an independent attorney review the terms of the agreement. It is not uncommon for the parties in a mediation to also retain independent attorneys at some point during the process. A mediator works for both parties. Your attorney is your advocate. She can give you advice tailored to your ...
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  • 16 Dec. 2013

    Can I Retain an Attorney and a Mediator at the Same Time?

    Posted By The Buncher Law Corporation

    You can absolutely retain your own independent attorney, along with a neutral mediator, in any pending family law case. A mediator will remain neutral, and should be retained jointly by you and your spouse. Mediation sessions will be conducted with all parties present, and private negotiations or discussions should only take place with advance notice and consultation. However, many parties also ...
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  • 12 Dec. 2013

    What Information Will A Mediator In A Divorce Proceeding Need?

    Posted By The Buncher Law Corporation

    If you and your spouse decide to pursue mediation, the mediator will need to see the evidence to support your assets and debts before she can help guide you to an agreement. Parties to a dissolution action must complete both an Income and Expense Declaration and a Schedule of Assets and Debts. They must also share their last two years of tax returns, along with the last three months of paystubs or ...
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  • 9 Dec. 2013

    Why Should I Consider Mediating My Divorce?

    Posted By The Buncher Law Corporation

    Mediation offers a convenient forum for you and your spouse to dissolve your marriage without the time and expense associated with a formal court action. Here's how it works: You and your spouse retain a mediator together. The parties work jointly with the mediator to discuss and negotiate specific issues in the case. Negotiations should be transparent, and the mediator should not consult with ...
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  • 25 Nov. 2013

    Can a Same Sex Partner Have a Community Property Claim in the Event of a Breakup?

    Posted By The Buncher Law Corporation

    The answer to this question is yes! The principles of the ground-breaking case, Marvin v. Marvin (1976) 18 Cal.3d 660, applies to both opposite and same sex couples. Same sex couples can form enforceable agreements, either expressly through words or a written document, or implicitly through their actions, to support one another, to pool their earnings or to share their property. As in any Marvin ...
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  • 11 Nov. 2013

    Denial of Domestic Violence in a Long Term Relationship - Typical Profile of a Victim

    Posted By The Buncher Law Corporation

    In our experience, if you have been in long term relationship and are asking the question if you or your child has been abused or threatened by your significant other, the odds are that you should have gotten a domestic violence restraining order long ago. When clients come into our office, we often find that they or their children have repeatedly been victims of harassment, psychological or ...
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  • 4 Nov. 2013

    The Most Common Errors In Seeking Domestic Violence Protective Orders.

    Posted By The Buncher Law Corporation

    There are two common errors that victims of domestic violence, sexual assault, threats, harassment or vandalism commonly make in seeking restraining orders. The single biggest error is delay. It is a big step for a victim to find the courage to seek a protective order. However, a delay of even a couple days can have a dramatic affect on a judge's willingness to take your case seriously. There ...
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  • 28 Mar. 2013

    Timing and Implementing Automatic Temporary Restraining Orders

    Posted By The Buncher Law Corporation

    In a previous post, I explained that Automatic Temporary Restraining Orders (" ATROs ") are orders that come into effect once a summons is served in a dissolution action. ATROs apply to both parties in a case, and the orders remain in effect for the entirety of your case. There are four specific rules governing ATROS, you can read them here. In addition to the four automatic rules, the ...
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  • 26 Mar. 2013

    What should you expect during a Divorce Mediation?

    Posted By The Buncher Law Corporation

    It should come as no surprise that dissolution is an extremely stressful event, no matter whether mediation or litigation is in play. Tempers can run high, and emotions are intense. Though the mediation process can't extinguish these feelings, your mediator can give you some tools for managing anger and expectations. Most importantly, your mediator can remind you that a successful process ...
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  • 19 Mar. 2013

    How do you start a Mediation for Divorce?

    Posted By The Buncher Law Corporation

    All divorce processes start with the filing of a petition. for a complete overview on the early stage of the dissolution process. A mediator can assist with the preparation of a petition for dissolution and the filing of a petition with the court. Mediation may be more straight-forward than litigation, in terms of cost and scheduling, but the process is just as serious and structured. Remember to ...
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  • 14 Mar. 2013

    Exceptions in Automatic Temporary Restraining Orders

    Posted By The Buncher Law Corporation

    In a previous post, I explained that Automatic Temporary Restraining Orders ("ATROs") are orders that come into effect once a summons is served in a dissolution action. ATROs apply to both parties in a case, and the orders remain in effect for the entirety of your case. There are four specific rules governing ATROS, you can read them here. In addition to the four automatic rules, the ...
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  • 8 Aug. 2012

    Mediation: An Alternative Approach to Family Law Litigation

    Posted By The Buncher Law Corporation

    For some, family law litigation doesn't fit the bill. Bringing an action in the family law courts can be costly in more ways than one: it can be expensive, it can be time-consuming, and it can leave you feeling out of control and intimidated by the legal system. When kids are involved, these costs can multiply quickly. This is why family law mediation is so effective and rewarding - it gives ...
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  • 16 Jul. 2012

    Book Review: Why Men and Woman Approach Divorce Differently

    Posted By The Buncher Law Corporation

    I just finished reading a book For Better or Worse: Divorce Reconsidered by Mavis Hetherington and John Kelly. One conclusion, which isn't much of a surprise, men and women approach divorce in very different ways. The book itself is quite a refreshing study. Hetherington (a psychology professor at the University of Virginia) collated data from more than 1,400 families and 2,500 children over ...
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  • 9 Jul. 2012

    "PASS" Planning an Amicable Divorce

    Posted By The Buncher Law Corporation

    We are somewhat tainted by the 'drama' of divorce. Our bias is that somehow, divorce must be as acrimonious, gut wrenching an experience as possible. Well, to be honest, I know only a handful of divorces that were not gut wrenching. But I have seen some fairly amicable ones. In fact, most divorces end amicably - where the two sides graciously decide to continue life separately and make the ...
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  • 12 Apr. 2012

    The Elkins Family Law Task Force: Reforming the Way Californians Divorce

    Posted By The Buncher Law Corporation

    Here's a development that I think points to the progress that we've made to streamline certain processes that - in their current form - are far more complicated than they need to be. In 2008 the Elkins Family Law Task Force was created in response to the lack of efficiency, the high cost and the complexity of divorcing in California. This task force set out to research and make ...
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