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February 2014 Archives

Valentine's Day Divorce: Is your Marriage Headed for Dessert or Disaster?

Valentine's Day is a time for couples to show their affection for one other. It is a day that should be filled with romantic gestures and gifts, but for many, it is instead filled with unreasonable expectations, mounting pressure, and utter disappointment. This Hallmark holiday creates the perfect opportunity for couples to evaluate their relationships- am I happy?, do I see myself with this person in the future?, should I stay in this relationship?. With its close proximity to New Years, it often prompts change for couples whose relationships are on the rocks, for better or for worse. For some such couples, exchanging a thoughtful token of love, or sharing a memory of happier times shared together, is just what is needed to rekindle their lost love and encourage them to make a fresh start. More frequently, however, Valentine's Day stirs up a cocktail of hopeless thoughts and bitter emotions, which proves lethal to the marriage treading in troubled waters. In fact, studies indicate that Valentine's Day marks the start of the Divorce Season each year, which has come to be termed the "Valentine's Effect". One such study by Avvo, Inc., the largest online legal forum and lawyer directory, reports that in the weeks leading up to, and following February 14, there is a 40% spike in the number of people seeking legal information, advice, and representation regarding divorce, as compared to the 6 months prior.

Violation of Parenting Plan

Most parenting plans have provisions which allow either parent to temporarily modify timesharing provisions, provided that both parents are in agreement. This allows for the parents to coordinate their schedules. The parents and court anticipates that certain events occur in life that are minor in nature and does not require court intervention. The question then remains what type of actions require a contempt motion.

Should you get a divorce?

When people contact me about the possibility of getting divorced often times they have been residing in such a difficult situation for so long that they see divorce as a ray of light. Many people almost idealize the idea of divorce and look forward to being out of the relationship. Others have decided they want a divorce but haven't spent much time thinking about what that really means.

Disqualifying or Recusing a Judge

To begin with, the difference between disqualification and recusal is that with a disqualification a litigant or party is requesting that the Judge be replaced due to the perception of the Party of bias. A recusal is when a Judge on their own decides they cannot be impartial and voluntarily resigns from the case.

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