May 2012 Archives

Spending More Time with Your Children: A Look at Post-Divorce Timeshare Modifications

Want to spend more time with your child following your divorce? You may be in luck. Often, a court's ruling on child custody or timeshare can be challenged and successfully modified. To succeed, you typically must show that circumstances have changed to the extent that a custody modification is now justified (modifications to custody are generally more difficult to obtain than modifications to timeshare). For example, you may have a new work schedule that allows you to spend more time with your children; you may have moved closer to where the other parent lives; or the child himself may request to spend more time with you.

The Los Angeles Dodgers: A Lesson in Complex Property Distribution

To understand the issue of complex property distribution, consider the Los Angeles Dodgers' 2011 season. In that season, the franchise failed to make the playoffs and saw home game attendance dip to miserable lows. At times, entire sections of Dodger stadium sat empty, despite the team boasting an all-star roster. While the playing ability and game attendance of the Dodgers suffered in 2011, the most painful moments of the season took place far from any baseball stadium. The franchise was torn apart in the courtroom and in the press by the divorce trial of Frank and Jamie McCourt, the owners of the team. While Frank McCourt had purchased the team using his own business resources, both he and Jamie owned the team as community property because according to California law any property acquired during marriage is the property of both spouses. Further, a pre-marital agreement was also in place that added ultimately added to the drama and controversy. This shared ownership was never an issue while the McCourt's were happily married.

Unhappy with the Judgment In Your Case? Now What?

The banging of a gavel usually symbolizes the end of a court case. When the gavel hits, those involved leave the courtroom and begin to move on with their lives. Judgment has been rendered and it is considered by most people to be final. To some, however, a gavel and the judgment that follows are not the last word. Often, those who have received what they later decide (or learn) is an unsatisfactory result may file an appeal, which is the process that involves a court of higher authority reviewing what went on in the trial court and then deciding if the evidence supports the decision the judge made, or if the judge made any legal errors. That tends to be a very expensive process, however, and it is a process very few parties can afford.

Paternity Tests, Off-Camera

Channel surf on a weekday afternoon and you will likely come across a variety of "real world" talk shows. These talk shows distinguish themselves by featuring provocative issues such as domestic violence and adultery. One issue that afternoon talk shows are particularly keen about featuring is paternity tests. From Jerry Springer to Maury Povich and beyond, the talk shows continually have segments where the identity of a child's father is in doubt and must be determined. In a "reality" television "case," several men usually take a paternity test and the results are then dramatically revealed in the final five minutes of the show.

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