What are the benefits of Mediation?

/

What Are The Benefits Of Mediation?
The mediation process is client focused. In mediation, clients determine how long the process will take by how organized they are. The parties, not a judge, control both the process and the outcomes. A party can choose to have an attorney to inform them about the law but the decisions they make are their own. The process takes place in a safe, respectful environment. Mediation focused attorneys recognize that parties have an interest in maintaining respect after the process is complete.

 

How Is Mediation Different From Litigation?

/

In any litigated divorce, your attorney starts a lawsuit against your spouse. This is automatically a win or lose proposition.  Because mediation is focused on win-win solutions, any negotiations are usually carried out under the threat of additional litigation. 


Most divorces are eventually settled out of court, but how the parties get there are influenced by what the parties think the judge would do at trial. Some divorce actions are resolved only after a trial, with the judge making the final division of assets and the post-divorce plan for the parties and their children.

What is an annulment?

/

There are three ways to terminate a marriage in California:  dissolution (divorce), annulment, and death. (See Family Code Section 310).


Under California law, if a marriage is legally void or voidable, then the marriage can be annulled. One reason for why a couple would opt for an annulment rather than a divorce are religious reasons. This is because once a marriage is “null” then the marriage is not recognized as having occurred in several religious communities.
Reasons that a marriage could be found void or voidable include: incest, minority of one of the parties, prior existing marriage, unsound mind, fraud, force, or physical incapacity. (See Family Code Section 2210).  One of the common misconceptions with annulment is that a marriage can be voided on the grounds for “fraud” if one party has broken a promise, had an affair, misrepresented his/her financial or social status, or hid criminal records.


This is not true.  


Family Code Section 22110(d) defines fraud as “The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as his or her spouse.”  Under this standard, California courts have found that misrepresentations about sterility or interest in having and bearing children are grounds for voiding a marriage based on fraud. However, having an affair or lying about your financial stability are not considered ‘fraud.’  
One of the most common uses of this code section is to annul or void marriages that are for immigration purposes only.


Should you get an annulment? If you are considering using this path to separate from your spouse, check with an attorney and look at your local rules because in most courts any allegation of grounds for voiding a marriage must be proven at an evidentiary hearing which may mean that both you and your spouse will have to appear in court.

Contact amanda@gordonfamilylaw.com for more information.

Summer Child Care Checklist

/

Planning on sending your kids to camp this summer, or having a care-share schedule? Looking to split transportation costs with other families, or searching for a teenage babysitter for those summer nights? When planning your summer child care decisions, there are seven common legal issues to consider:

1. Medical Care Decisions. Want to make sure your babysitter or extended family member can authorize medical care for your children for that nasty bee sting or twisted ankle at camp? Then have them sign a child care authorization. This form can provide coverage for others to make decisions about your child’s medical care when the kids are out and about this summer.

Also, if your child takes any medication, it’s a good idea to ask for the medication policies at camps or other extracurricular programs. These policies can give you a heads up on whether you need to include the child’s prescription, or if they have set times of day when medication is administered.

2. Car Insurance. If you plan on sharing transportation this summer or allowing your babysitter to use your car, make sure that you have updated your insurance policy to cover additional drivers. If your babysitter is using their own car to drive your kids around, think about what car insurance you want them to have.

It may be a good idea to talk to other parents about their policies on insurance if you are going to share transportation this summer.

3. Babysitter Policies and Contracts. If you use high school or college students for babysitting this summer, it may be a good idea to write out a short list of do’s and don’ts for your house. This simple do’s and don’ts list could be less detailed than a full nanny contract is, but it should at least have clear guidance on pay rate, bedtimes, food, screen time, expectations on when calling you is appropriate, emergency contact numbers, and policies for having visitors.

Just like employees get handbooks when they show up on their first day of work, it’s a good idea to have your babysitter informed about your expectations, even when it’s a one time thing or just for the summer.

4. Nanny Tax. The IRS maintains that if you pay a caregiver more than $1,900 per year, you have to pay employee taxes. Summer hours and pay can add up and if you think your part-time babysitter is going to earn more than $1,900 this summer, you should talk to a tax professional to understand your obligations.

5. Will or Trust. If you plan on taking a vacation away from home this summer, it’s a good idea to spend some time to create or update your will.

When I was growing up, my family always left a detailed list of instructions on the kitchen table when we left for vacation, in case something happened. This list was to be used in the event of an emergency to deal with issues like:

Who would take care of the dog 

Working through what you want to happen in the event of an emergency can be overwhelming, but my family found that it brought us closer. If you have young kids, it may be especially important to minimize the potential chaos in the event of an emergency.

6. Emergency Contact List. Make sure your child has an emergency contact list in their backpack this summer with all your important information. It’s a good idea to put both an email and a phone number to make sure you are easily reachable in the event of an emergency.

7. Education Programs. Is your child doing summer tutoring or completing a summer honors program? Make sure you have spoken with the program to determine whether the activity meets your child’s Individual Education Program (IEP). It’s a good idea to keep track of all the program information for future conversations with your child’s teachers. Summer programs often serve as a good starting place for education discussions in the fall.

These are just some of the important legal issues to consider when planning your summer! Just remember to have fun on those long summer nights. Contact amanda@gordonfamilylaw.com for more information.