Office Renovations!

I have been super busy with supervising our office renovations over the last few weeks of May. This is some serious spring cleaning. We have painted the reception and interior offices. We expanded our space in our current building and now take up almost all of Suite A. This is exciting because we are taking steps to make our space reflect our office’s professionalism and care for our clients by making it more comfortable and pleasant to be here.

I am surprised how much it has changed the feeling around here. We really feel like we are growing and improving. It is great, because we are very excited about what we do here and the clients that we have. We hope this will improve their experiences when they visit the office.

There is still more to do, but I am excited that we have had this opportunity for a facelift.

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Why did you get married?

Wedding RingsHaving recently read Stephanie Koontz’s book  Marriage, a History: How love conquered marriage, I have been pondering the different reasons people get married. Being in the divorce business, I get to see how many people choose to leave their marriages, but not how they entered into it.

Currently, I am pondering whether we marry often for wholly private reasons. Those namely being: love, companionship and closeness. Those who are obsessed by purity rules may also believe marriage is necessary to sanction their sexual activity, but all the same, they are primarily concerned with a private decision about themselves. I do say “we”, because statistics in North America show that 93 % of men and 92 % of women marry at least once in their lives, and most of us will marry.

Although we may marry for private reasons, it certainly does have a public element. Look at any actual marriage ceremony, this is certainly a ritual that extends beyond just the two people involved. Further, as we enter society and make friends as marrieds we are strongly associated with our spouses.  Haven’t we asked or been asked at any given social gathering, “Where is your husband/wife” if we appear alone? Two spouses are seen as a unit, as together, and a public partnership.

I just wonder if we should think hard about the public consequences of our marriages: Who are our in-laws? Will my spouse and I enjoy the same social activities? Will my spouse be a good social partner in my business and charity work? Will my spouse seek the same level of community involvement as I do? Do we have similar social and material aims? These are all questions that we are often too feverishly in love at the time we make our selection to ask, but worth pausing and considering.

What are your thoughts?

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How much does a divorce cost?

Fancy CarThis may be the second commonest question we get in our office on a daily basis, aside from sales calls trying to sell us health insurance. Many people call to ask simply “How much will my divorce cost?”

It  seems like it this question should be easy to answer, right? Probably not, if you have ever been through a divorce or if you are a lawyer, because you understand that not all divorces are the same, because not all people are the same.

We have an ongoing discussion with other lawyers about the answer to this question. I always tell them the following story:

When a potential client calls and asks how much their case will cost I like to say, “It will cost as much as a car.” This invariably produces a puzzled silence and then the caller asks, “As much as what kind of car?”. I say, “Well, that depends on what kind of divorce.”

What any divorce will cost depends on the year, make and model of the divorce. It depends on how well it drives, and it can depend on what extra efforts we have to expend to keep it rolling down the road.

 

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Spring Break, People

ETLOAlthough it is Spring Break, I am hard at work on our office procedures and practices. I am constantly striving to streamline my practices so that we can bring the most efficient and consistently effective results to our clients.

This week I have already revamped our Confidential Client report for both our contested and uncontested divorce matters. We have placed our logo on the form and changed the color scheme so that it matches. We have also added to forms and fields that are designed to make sure that nothing important, even the small details, fall through the cracks during a case.

So while you are taking it easy, we are working to make sure that when you need us we will be ready to respond effectively and efficiently, and with the care that has gained us the trust of our many clients.

Happy Spring Break!!!

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Biology for Love

What is it about our biology as human being make us fall in love? I read an interesting article recently by Helen Fisher of Rutgers University regarding the emotional systems involved in human mating, reproduction and parenting. It is entitled Lust, Attraction, Attachment.

Ms. Fisher explains that Lust, Attraction and Attachment are three separate emotion states that work together with other bodily systems to facilitate how we meet and stay with our mates. These processes act through the production of chemicals in our brains that include testosterone, estrogen, serotonin, dopamine, oxytocin and several neuropeptides to give us the feelings we experience when we meet someone that we like.

Lust

This is described as the ” sex drive”. It is best described as the emotional state in which one is motivated to engage in sexual behavior with another. This is a drive different from attraction, because it is focused solely on sexual relations, and has been observed in animals to act apart from attraction. An animal may express a sex drive, but they also all show preference to mate with certain individuals, rather than with just anyone.

Studies have shown that middle-aged women and men when injected with testosterone exhibit enhanced sex drives.  However, they certainly do not fall in love. In fact, there has been a negative correlation in animal studies that show high levels of testosterone and expression of attachment. In one study, scientists injected male sparrows (who form long-term pair bonds) with testosterone. Afterwards they all abandoned their partners to pursue other females. Human studies have also shown a correlation between high testosterone and unstable marriages . What is interesting is that levels of testosterone decrease in expectant fathers when their children are born, thereby promoting more stability- it is believed.

In mammals, the sex drive tends to be very independent from long-term attachment. Ms. Fisher’s article surprisingly states that although all mammals engage in sexual activity, only “3 % of all mammalian species form a long-term attachment to a mating partner” This is one reason why researchers spend so much time looking a birds when they study long-term pair bonding, and even with birds most do not form bonds beyond the duration of the breeding season.

Attraction

This is the emotion related to “falling in love”. Biologists have observed that this is the state where someone begins “to feel that their beloved is unique; their ‘love object’ takes on ‘special meaning’”. Interestingly, this phenomenon tends to be exclusive, meaning that it is not felt for more than one person at a time, while lust can be. Tests have shown that this state is marked by increased levels of nerepinephrine, which is associated with increased memory for new stimuli. This chemical has also been identified in the imprinting stage characterized by newly hatched geese where they are compelled to follow the first thing they see as their mother.

This emotional state is further characterized by “intrusive thought” patterns, whereby the lover repeatedly and uncontrollably thinks about his beloved. The love-possessed tends to focus his attention on the beloved’s positive qualities and discount the negative. During this stage researchers have found increased concentration of dopamine in the brain; the chemical that is associated with euphoria.

What was fascinating, was that researchers have surmised that passionate romantic love lasts between 6 to 18 months.

Attachment

Attachment is the long-term relationship between mates. It involves the generally activities observed in animals such as defending territory, nest building, mutual grooming and sharing parental chores. “Securely attached men and women also report feelings of closeness, security, peace, social comfort, and mild euphoria when in contact with their partner.” Nueroscientists has observed the presence of vasopressin and oxytocin in mice where increased levels due to the transplantation of a gene increased their affiliative behaviors.

Human attachment is often observed with the pair-bonding in marriage. This human innovation is experience by most people. In the US 93 % of women and 92% of men marry at least once before the age of 49. We also find that 50 % or more of them divorce, most within the first seven years, and the majority of those within 4 years. Ms. Fisher hypothesizes that the natural duration of human pair-bonding is 4 years, and has an evolutionary component. That being that the close attachment of a male-provider was necessary to care for a women who was carrying a small child, but when a child was old enough to be cared for in a communal setting and was able to walk and keep up, that such need was not present. Therefore, the pair would break up. If you read the book Sex a Dawn which I wrote about earlier, you know that this hypothesis is disputed.

Observations

On the whole, I found this article fascinating. If you are interested in the full article, I would be glad to give you the citation.

Keep thinking!

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Children & Passport Issues

US PassportWe live in a global world where parents may be from different countries. This means that when a relationship breaks down that a question may arise about where the children are going to live if one of the parents decides to return to their native country. Because this is such an important decision we don’t want any of the parents to short cut the process. Especially,  if the decision is going to be bad for the kids.

Normally, when parents apply for a U.S. Passport for a child they both must both sign the form authorizing the issuance of the passport. This means that if the children do not already have a passport then one parent should be able to prevent the other from obtaining one. The Department of State has added protections, and even a Passport Issuance Alert Program. You can obtain a form from the Department of State that once entered into their registry will provide an alert to you if the other parent applies for a passport for the child. There are ways to get around the requirement of both parent’s signature –  most of which would be fraudulent — but hardly helpful once the children have already  left the country. So prevention is key!

Preventing the unauthorized issuance of a passport can be very important in preventing international child abduction. Although many countries have signed the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, there are still many places around the globe that have no agreement with the United States to assist in the return of children unlawfully removed to another country. If the country is a member of the Hague Convention, then there are still considerable costs and hurdles to clear in the process of requesting the children’s return. An ounce of prevent is still better than a pound of cure.

International relationships  bring in added complexity and something that we take very seriously at our office. You should be sure to contact an attorney that has experience in international family issues if there are any international custody issues in your case.

Goodluck, and keep living well!

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Who Writes the Orders in Court?

Motion to SettleDo you know who actually writes the orders in most Oklahoma court cases? Not the judges, they have more important things to do. Most of the final written orders that you will see have been drafted by one of the attorneys in the case. Does this surprise you? Well, if that does  — you certainly will not be surprised that attorney often disagree about how that order should be written. In fact is  an entire phase of litigation post-trial, post-decision when the attorneys wrangle over the details.

This is how it works:

  1. Trial or Settlement. When it finally comes to crunch time the parties to a lawsuit either settle the case and the attorneys draw up a preliminary settlement or the parties duke it our in trial and the judge draws up an order. In Cleveland County and many others the judges generally write something down on a form with two carbon copies called a” Summary Order”. In Oklahoma County the judges just start talking and the lawyers scribble furiously trying to get it all down.
  2. Drafting the Journal Entry. The next stage is that one of the attorneys will go back to the office and sit down to try to put all the decisions or agreements into the proper legal form for what is called the Journal Entry. The Journal Entry is the official record of the ruling. It has to meet certain required legal formalities.
  3. Presenting the Journal Entry to the other lawyers. The drafting attorney then presents the proposed Journal Entry (aka JE) to the other attorney for approval. The other attorney puts it in there file and forgets about it until you call and bug them. Then he pulls it out and marks it up asking for all sorts of changes, and sends it back.
  4. Presenting the Journal Entry. If the attorneys can agree on the final language, then they sign it (sometimes client’s sign too) and the Journal Entry is presented to the judge for her signature. She signs it, it is copied and filed and then becomes a permanent record in the court file. Easy right?
  5. Settling the Journal Entry. Sometimes the attorneys do not agree about what the judge said or how the journal entry should be drafted (surprised?) . In this case, one of the attorneys has to take the draft journal entry back to the judge by filing a Motion to Settle Journal Entry and asking the judge to approve his copy. The other attorney then shows up and tells the judge why  she disagrees with the draft and how it should be changed. The judge then makes the changes (or not).  The revised Journal Entry is then filed with the court.

Common Misunderstanding

There are  often occasions when the one party does not agree with the judge’s decision. This can cause problems because the party then refuses to sign the Journal Entry and instructs their attorney not to sign it. This is a common occurrence and one that is highly unfortunate because it wastes a great deal of time. Certainly, any party has a right to disagree with the judge’s ruling — that is what appeals are for. However, the Journal Entry is just a formal and official record of WHAT HAPPENED and not WHAT YOU WISHED HAPPENED or even WHAT SHOULD HAVE HAPPENED. Therefore, a party gives up nothing by signing a order they disagree with as long as they agree that it accurately reflects what happened and what was decided. Life would be easier if more people understood this.

Great luck, and I hope all your Journal Entries are settled!

 

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Cash Medical Support

$ 100 BillHave you ever heard of Cash Medical ? It is a part of the child support laws that require the person paying child support (called the Obligor) to pay for a portion of the cost of the state’s medicaid program, which in Oklahoma is called Soonercare.

How does it work?

If a child is on Soonercare, the Department of Human Services must sign off on any court order that relates to child support between the parents. If neither parent has health insurance available to them through their employer, the federal government, Indian tribe of other means then the Department of Human Services Child Support Enforcement will require that the person paying child support pay cash medical.

Is it required?

Yes, it is required by law, and must be paid in ALL cases where the combined income of the parties meets the minimum requirements under the Cash Medical guidelines.

Where does the money go?

Although Cash Medical is a part of the child support payment, it is not received by the custodial parent, it is instead sent to the Oklahoma Health Care Authority.

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Thinking about college. . .

Have you got a plan for college for your teenager? This is something that we are thinking about as our older son finishes up his 8th grade year at Longfellow Middle School. Today, I took a trip to the library in Norman to look through a few books on the subject.

The best book I found on the subject was Robin Mamlet and Christine Vandevelde’s book, College Admission. This post is about some of their advice.

Since our son is in the eighth grade, my take-away was mostly about how he can best use his time in the fist two years of high school to prepare for college and explore his interests. In, College Admission, the authors suggest that in the 9th and 10th grade the best thing your student can do is to explore their interests by discovering what they want to do in college. While your child is exploring, there are practical steps your child can take during the process.

  • Get to know the high school college counselor. Experts matter. Although the high school counselors generally work with students actively applying to college in the 11th and 12th grades, your 9th or 10th grader should be able to make an appointment to discuss college with their counselor. The counselor should be a source of the most recent and practical advice on this subject.
  • Encourage your child to maintain a good GPA. Many state colleges have admission guidelines that require them to admit students with certain grade point averages and class rank. A good target is between 3.5 and 4.0. At the beginning of high school your child has the opportunity to work hard and keep his GPA up.
  • Help your child prepare for the ACT or SAT. These admission tests are an easy and objective way for college admission departments to sort through applicants. Those interested in preparing for the SAT should may take the PSAT (this is also important for those interested in the National Merit Scholar program), those interested in the ACT can arrange to take the PLAN. There are programs for study to help prepare for the tests, but the general advice is to (1) take rigorous courses in high school and; (2) read, read, read.
  • Kept track of child’s class rank. Like GPA, many state colleges and universities admit those in the top portion of their high school class. Aim for the top ¼ . The University of Oklahoma Freshman admission guidelines generally require students to be top 25 %.
  • Encourage your child to take AP classes. Advance placement credit shows your child’s ability to perform at the college level, and allows your child to get advanced credit so he can jump into more interesting classes once he get to college. Think about choosing those AP classes that relate to the major he wants to pursue in college.
  • Develop your child’s extracurricular interests. What is your child’s passion? Try out different activities that allows him to show his interests as well as his leadership and social abilities outside of the academic setting. This is something highly personal, and something that your child develops on his or her own. If you child is interested in playing soccer think about ways for him to explore this interest by serving as an assistant coach, being a referee or getting involved in his local soccer organization. This will allow him to take his interest in the sport to a higher level that shows both leadership and community involvement. We don’t know what one can do with an interest solely in video games, but look on Youtube.com there seem to plenty of people who have taken their interest of video games and turned it to profit.

The other and probably most important take-away I had from the book was that this process is something that is going to have to be driven by the child. Your teenager is turning into an adult, and is taking more and more responsibility for his choices. The choice to go to college and perform well is something that is going to have to be internal to you child.

We care a great deal about our son and want the best for him, and although I think it may be hard not to push him, I do recognize that he is going to have to internalize the desire to go to college and adopt the practices that will help get him there. We will be available as advisers, but the choice is his.

What are your thoughts and experiences?

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Sex at Dawn: Do Conventional Relationships fit our Evolution?

Sex! I thought that would get your attention. This blog is about divorce and family law. Do you think that sex has anything to do with that? Of course, it does — a whole lot of it. That being said — and established, in my opinion — I firmly posit that the better we understand sexuality, our psychology and our history (and prehistory) the better we are better able to  understand why we feel the way we do. And maybe the less likely we are to do something stupid– and are you surprised that there is a lot of stupidity in divorce and family law?

In their book, Sex at Dawn, co-Authors and spouses, Christopher Ryan, Ph.D. and Cacilda Jetha, M.D. , choose to explode the conventional view on the prehistory of human sexuality and human sexual evolution. They begin with setting out the Standard Narrative of human sexual evolution, that being: Human females jealously guard their sexual activity due to the costs of pregnancy and seek to attract genetically superior men with whom to have children, while freewheeling males seek to spread their genetics among as many willing partners as possible, all the while they  jealously guard their mates to ensure the paternity of any offspring. The authors take this narrative and begin to look at primate sexuality, alternative explanations of female and male behavior, and even the role of agriculture in shaping our present conventions.

If you are ready for a great read, think about this one. You’ll learn to ask the question about why among primates we are purportedly the only monogamous species. You’ll learn about why we all know what that  scene from When Harry Met Sally is simulating without having to be told and without any context. You’ll learn about why human males and females differ so drastically from primates in relation to their anatomy. In short, you’ll be surprised about who are and who we may have been. You might also be shocked about some of their ultimate conclusions, but I am not going to spoil those here. In the divorce business, we are not surprised.

Sex at Dawn is a New York Times Best Seller, one of NPR’s Best Books for 2010, and an Audible.com Best Book of 2010.

Read it and let me know what you think!

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