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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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  • 14 Jun. 2012

    Are There Any Advantages to Filing for Divorce First?

    Posted By The Buncher Law Corporation

    This post is part of a continuing series to help you through a basic primer on family law and what's in the court's powers to decide. Last week, I posted definitions and parameters of Visitation and how it affects support. In this post, I will go into a little detail about one of the most puzzling questions surrounding divorce filings. Divorce attorneys are often asked if there is a ...
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  • 4 Jun. 2012

    Trends for Divorce: The Next 100 Years

    Posted By The Buncher Law Corporation

    A few years back, I came upon a book titled The Next 100 Years, a Forecast for the 21st Century written by George Friedman, the chief intelligence officer and founder of Strategic Forecasting, Inc. (aka "Stratfor"). I won't get into a detailed discussion about the significance of the organization (aside from mentioning its nickname "the shadow CIA"), but the book is worth ...
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  • 24 May. 2012

    Is Marriage Better the Second Time Around?

    Posted By The Buncher Law Corporation

    Every morning Ms. Dillman kisses her husband goodbye then stands on the steps to wave goodbye as he drives off to work. And every afternoon the couple has a chat to just check in with one another. For both it is their second marriage. And this one has lasted 29 years. Is it luck that they found one another or simply the respect and love that they have for one another? A Wall Street Journal Article ...
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  • 21 May. 2012

    Epstein Credit and How it Works.

    Posted By The Buncher Law Corporation

    First Epistle to Timothy in Old Testament starts "For the love of money is the root of all evil." It goes without saying that the root of most divorces is discussion over money, or more accurately, the division of community property. And therein lies another saying worth repeating: the devil is in the details. Income earned after the date of the separation is treated by the court as ...
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  • 14 May. 2012

    Divorce Meltdown

    Posted By The Buncher Law Corporation

    "Heaven has no rage like love to hatred turned, nor hell a fury like a woman scorned," wrote the English playwright, William Congreve in his play, The Mourning Bride. And speaking of the fury of a woman scorned, who can easily forget Betty Broderick versus her adulterous husband Dan Broderick? Although it happened almost 20 years ago, the story still resonates with anybody with knowledge ...
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  • 10 May. 2012

    Annulments Based on Fraud

    Posted By The Buncher Law Corporation

    Hollywood makes getting an annulment in California look easy: Kim Kardashian and Kris Humphries' after 72 days of marriage, Nicky Hilton and Todd Meister after 2 months, Ali Landry and Mario Lopez after a few weeks, just to name a few. Set the illusion aside and the facts will tell you that getting an annulment is no easy feat. Most courts apply the " Essentials of Marriage " when ...
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  • 26 Apr. 2012

    Get the Most Out of Your Divorce Consultation

    Posted By The Buncher Law Corporation

    Most attorneys will provide you with a free 30-minute consultation. This is your opportunity to get questions answered and gather information so as to make an informed decision as to how to proceed. So my recommendation is that a little preparation on your part will go a long way. Here's what you can do in preparation for your meeting: 1. Prepare a list of detailed questions so you do not get ...
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  • 23 Apr. 2012

    High Conflict Divorce & The Effects on Children

    Posted By The Buncher Law Corporation

    Emotions run high in divorce cases. And that's just when everybody agrees to the terms of divorce. When there is high conflict - e.g., disagreement of terms and provisions, then you can take all the lessons of civility and chuck them out of the window. Sometimes, it is shocking how parents forget that their fighting due to their own unresolved emotional issues within a marriage, but how these ...
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  • 19 Apr. 2012

    Facebook and the Family Law Courts: Divorce your Facebook Page

    Posted By The Buncher Law Corporation

    I never imagined that I would ever make this kind of suggestion, but as an Irvine family law attorney, and were I your attorney taking you through a divorce, I would strongly recommend that you also take steps to divorce your Facebook page as well. More and more we are seeing how social networking sites provide opposing counsel with evidence. Pictures can be incriminating as they can be ...
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