You know Bees only attend one Queen. They are from birth set out to serve their Queen and only when a new queen is birthed in the hive does the hive divorce into "old Queen," in the current hive, and "New Queen" hives destined to seek out a hive with her new workers and drones. There is no "hive intermingling" so to speak.
Likewise, birds can be fairly monogamous, although some are quite prone to wanderlust. Certain birds are quite adept at philandering between as many partners as possible. Take Hummingbirds for instance, "Speedy hummingbirds, eating on the run and flitting from mate to mate, are prone to heart attacks," says Noah Strycker in his new book The Thing With Feathers, reviewed in a New York Times Article yesterday. Also in the review is Bernd Heinrich's The Homing Instinct. What do these books tell us about Marriage and Divorce? http://www.nytimes.com/2014/08/10/books/review/the-thing-with-feathers-and-the-homing-instinct.html?_r=0
Homing instincts are critical to birds navigation around the globe. Most interesting is the description of the Albatross which spends most of its life soaring over the vast open oceans, but is fairly monogamous throughout life. The Albatross uses a dance ritual, learned from years of "courting" that is "as unique as human fingerprints" to each Albatross couple.
Sunday's magazine of the NYT included a wonderful article detailing Human interaction in relationship and the correlations of education to stability. http://www.nytimes.com/2014/07/27/opinion/sunday/the-new-instability.html
Comparison over many years would lead most to believe that since the Equal Rights Revolution in the 60's and 70's divorce has actually become less common among more highly educated men and women. Obviously, changing societal norms have a great impact, as do attitudes. Just watch an episode of Mad Men to see how far we have come.
If partners to a marriage spent comparative times apart as Albatross couples, and focused their times together on dancing in sync, perhaps divorce would not be common. But human relationships are much trickier than Albatross' interactions.
Couples undergoing Collaborative Divorce, or Conscious Uncoupling as it is beginning to be known, report significantly improved communications. Probably communications improvements result from the use of a Neutral Facilitator who is trained in interpersonal communication. Perhaps just seeing a clear path to the finalization of the divorce helps. In any case, using a logical, step by step approach to divorce creates numerous benefits over Litigation.
Collaboration also produces much more fair results than are sometimes obtained through Mediation alone. In Mediation, the parties may not be represented by attorneys and therefore may not have legal advice as to the fairness of anticipated settlements.
In Collaborative Divorce, each side has an attorney to advice, coach and assist toward a fair result. Each side participates in setting the goals for the Collaborative Team. The Collaborative Team eliminates much of the fighting. When questions arise over who makes how much, what value to place on businesses, and how to divide Real Property, what personal property will be included and who will get what, the Collaborative Team works to balance all considerations to achieve the Team Goals set by the Parties themselves.
(here is an interesting article about some of the potential problems with dividing real estate: http://www.nytimes.com/2014/08/03/realestate/divorcing-co-op-owners-rooftop-barbecues-and-costly-assessments.html )
As assets increase, so does the news value of divorce. http://dealbook.nytimes.com/2014/07/24/kenneth-griffin-files-for-divorce-from-anne-dias-griffin/
Especially when the divorce involves significantly high assets such as the Griffin matter. When privacy is a concern, Collaborative Divorce is key. Agreements to keep the matter private are much more effective when all parties are sitting around a table and commit to common goals by signing their agreements not to resort to litigation. Agreeing to agree is possible.
Showing posts with label Attorneys. Show all posts
Showing posts with label Attorneys. Show all posts
Friday, August 8, 2014
Thursday, June 19, 2014
A Chart of Punctuation - And Congratulations to Weird Al
A first has occurred:
'Weird Al' Yankovic has the Number 1 Album in America this week according to the Billboard 200. Selling more than 104,000 copies, Mandatory Fun is his best selling album ever and the first album to appear at Number 1 on the list.
Since 1983, Weird Al has released more than 15 albums, having success into his fourth decade of work is impressive, more impressive, this is the first time a comedy album has made the top spot in more than 50 years. Weird Al has written more than 100 songs that did not even make it to his albums.
A talented performer, Weird Al established the parody genre popular all over the internet.
He even had a television Saturday Morning show on CBS, The Weird Al Show, for one season in 1997. http://en.wikipedia.org/wiki/The_Weird_Al_Show
Possibly my favorite song on Mandatory Fun is Word Crimes, a parody of Blurred Lines. You can listen to his new song Word Crimes on the album here: http://www.weirdal.com/
Word Crimes appears to have been written for all the grammar police on the internet and to teach some less articulate people why what they are saying is Literally wrong.
For a helpful list of punctuation marks and when they should be used look here:
http://editorial.designtaxi.com/news-punct1606/big.jpg
When you have something to say, proper grammar and punctuation can be the difference between properly conveying an important argument and initiating a resounding thud from your listeners.
Attorneys make arguments to courts using Facts and Law. While facts are individual to a case, Law derives from Code, such as statutes and written rules, and Case law, those decisions handed down by previous courts in similar situations. When a court is faced with similar Fact situations under the same rules, the results are expected to be similar. If the statute applies, it should be enforced, absent some exception found in another statute or case law.
Attorneys should be wordsmiths. Choosing the exact word or phrase to convey their client's business. If the parties were married, it may be a divorce but not a paternity action. If the attorney practices Collaborative Law, she may be cooperative in helping heal the family going through divorce. http://www.cfl-cfl.com/Legal-Directory.html
When an apology is appropriate, an answer may not appear satisfactory.
Sometimes, the wrong word hurts.
'Weird Al' Yankovic has the Number 1 Album in America this week according to the Billboard 200. Selling more than 104,000 copies, Mandatory Fun is his best selling album ever and the first album to appear at Number 1 on the list.
Since 1983, Weird Al has released more than 15 albums, having success into his fourth decade of work is impressive, more impressive, this is the first time a comedy album has made the top spot in more than 50 years. Weird Al has written more than 100 songs that did not even make it to his albums.
A talented performer, Weird Al established the parody genre popular all over the internet.
He even had a television Saturday Morning show on CBS, The Weird Al Show, for one season in 1997. http://en.wikipedia.org/wiki/The_Weird_Al_Show
Possibly my favorite song on Mandatory Fun is Word Crimes, a parody of Blurred Lines. You can listen to his new song Word Crimes on the album here: http://www.weirdal.com/
Word Crimes appears to have been written for all the grammar police on the internet and to teach some less articulate people why what they are saying is Literally wrong.
For a helpful list of punctuation marks and when they should be used look here:
http://editorial.designtaxi.com/news-punct1606/big.jpg
When you have something to say, proper grammar and punctuation can be the difference between properly conveying an important argument and initiating a resounding thud from your listeners.
Attorneys make arguments to courts using Facts and Law. While facts are individual to a case, Law derives from Code, such as statutes and written rules, and Case law, those decisions handed down by previous courts in similar situations. When a court is faced with similar Fact situations under the same rules, the results are expected to be similar. If the statute applies, it should be enforced, absent some exception found in another statute or case law.
Attorneys should be wordsmiths. Choosing the exact word or phrase to convey their client's business. If the parties were married, it may be a divorce but not a paternity action. If the attorney practices Collaborative Law, she may be cooperative in helping heal the family going through divorce. http://www.cfl-cfl.com/Legal-Directory.html
When an apology is appropriate, an answer may not appear satisfactory.
Sometimes, the wrong word hurts.
Labels:
Attorneys,
Collaborative Law,
divorce,
Mandatory Fun,
paternity,
word crimes
Wednesday, October 24, 2012
Case Law Update 2012
Learning goes on and on and on . . .
Today, I attended the Webinar provided by the Florida Bar on Family Law Issues from cases this year.
Always good to update your knowledge regarding what the courts are doing, and what the appellate courts are saying about what the courts are doing.
In the past year, Grandparents' Rights, Alimony, adultery, Parenting Plans, Timesharing, paternity, domestic violence, Enforcement and Fees were only a few of the issues considered for the courts' action this year.
When you are selecting an attorney to represent your family in court, ask what courses of study have been completed to remain up to date on the law of the state.
The 5th DCA clarified the Relocation statute as to the 50-mile rule.
The 2nd DCA clarifited allocation of outstanding expenses for child support to the proportion of income of the parties rather than 50/50 as many agree.
The First DCA clarified a "supportive relationship" and whether it would end alimony.
These are but a very few of the 20 pages of cases reviewed. If you have questions of a legal nature call an attorney.
If you have questions regarding Collaborative Divorce, Elder Law, Family Law or Guardianships, Call me! 407-645-3297 or visit my website at www.aubreylaw.com
Today, I attended the Webinar provided by the Florida Bar on Family Law Issues from cases this year.
Always good to update your knowledge regarding what the courts are doing, and what the appellate courts are saying about what the courts are doing.
In the past year, Grandparents' Rights, Alimony, adultery, Parenting Plans, Timesharing, paternity, domestic violence, Enforcement and Fees were only a few of the issues considered for the courts' action this year.
When you are selecting an attorney to represent your family in court, ask what courses of study have been completed to remain up to date on the law of the state.
The 5th DCA clarified the Relocation statute as to the 50-mile rule.
The 2nd DCA clarifited allocation of outstanding expenses for child support to the proportion of income of the parties rather than 50/50 as many agree.
The First DCA clarified a "supportive relationship" and whether it would end alimony.
These are but a very few of the 20 pages of cases reviewed. If you have questions of a legal nature call an attorney.
If you have questions regarding Collaborative Divorce, Elder Law, Family Law or Guardianships, Call me! 407-645-3297 or visit my website at www.aubreylaw.com
Tuesday, June 26, 2012
Mortgage Modification Education
If you have a Mortgage, or represent Clients who have mortgages, you should attend the Mortgage Modification Education this Friday at UCF's downtown center. To register, go to: http://www.mortgagemodificationeducation.com/
Or email me at aubreylaw@gmail.com
The cost for attorneys is only $399; for that you will receive 7 hours of CLE including 1 hour of Ethics.
Or email me at aubreylaw@gmail.com
The cost for attorneys is only $399; for that you will receive 7 hours of CLE including 1 hour of Ethics.
Monday, June 18, 2012
Helping Senior Adults, Elder Law 101
People ask me, "What is Elder Law?"
I answer, it is helping older Americans with problems that come up primarily due to age. You realize of course that after a certain number of years, thoughts of death become more prevalent and preparation becomes much more important. Children become adults and begin asking, "What do I do about my parents?" When parents begin needing assistance, adult children bear a great burden. They may have children of their own in school or starting out and suddenly, Mom needs a new place to live that will provide nursing care. These problems are not new; our processes of dealing with care of the elderly is not new. All over the globe, seniors are afforded great respect and care. Only in the United States do we warehouse seniors in "adult communities," Assisted Living Facilities and Nursing homes.
When Daddy needs nursing care, what questions should be answered?
First: How much care is needed?
Second: How much care can he afford?
Third: Who is responsible to pay when Daddy cannot?
Other questions that may come up include:
What about Social Security, and Medicare?
Do we need to do "Medicaid Planning?"
What is Medicaid Planning?
Parents may not wish to discuss their finances with adult children and may feel freer to discuss the details of planning with an Elder Law Professional. Many times parents have begun the process, but children are kept in the dark for fear that the children will want to "inherit" early. Many seniors have received advice regarding Medicaid Planning over the radio or television but may not understand fully the details. Many seniors worry about losing their homestead or the equity they have built up over the years. In Florida, we protect homesteads. The equity in the home can survive incapacity and death provided simple steps are taken to preserve all the rights afforded to homeowners.
When Medicaid begins to enter the conversation with regard to health care, it may be too late. Most Health care Decisions must be made quickly; however, medicaid planning may require as much as 5 years to be fully effective.
When you are faced with these and other questions, Call me at 407-645-3297, or visit my website at www.aubreylaw.com
I answer, it is helping older Americans with problems that come up primarily due to age. You realize of course that after a certain number of years, thoughts of death become more prevalent and preparation becomes much more important. Children become adults and begin asking, "What do I do about my parents?" When parents begin needing assistance, adult children bear a great burden. They may have children of their own in school or starting out and suddenly, Mom needs a new place to live that will provide nursing care. These problems are not new; our processes of dealing with care of the elderly is not new. All over the globe, seniors are afforded great respect and care. Only in the United States do we warehouse seniors in "adult communities," Assisted Living Facilities and Nursing homes.
When Daddy needs nursing care, what questions should be answered?
First: How much care is needed?
Second: How much care can he afford?
Third: Who is responsible to pay when Daddy cannot?
Other questions that may come up include:
What about Social Security, and Medicare?
Do we need to do "Medicaid Planning?"
What is Medicaid Planning?
Parents may not wish to discuss their finances with adult children and may feel freer to discuss the details of planning with an Elder Law Professional. Many times parents have begun the process, but children are kept in the dark for fear that the children will want to "inherit" early. Many seniors have received advice regarding Medicaid Planning over the radio or television but may not understand fully the details. Many seniors worry about losing their homestead or the equity they have built up over the years. In Florida, we protect homesteads. The equity in the home can survive incapacity and death provided simple steps are taken to preserve all the rights afforded to homeowners.
When Medicaid begins to enter the conversation with regard to health care, it may be too late. Most Health care Decisions must be made quickly; however, medicaid planning may require as much as 5 years to be fully effective.
When you are faced with these and other questions, Call me at 407-645-3297, or visit my website at www.aubreylaw.com
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