Aler Sans Jour

A week ago, the New York Senate passed a bill making The Empire State the last state in the Union to possibly adopt the idea of a "no fault divorce."  Surprisingly, Oklahoma was the first state to pass this type of legislation all the way back in 1959, followed by California where no fault divorce became effective on January 1st 1970.  The California bill was signed into law by Ronald Reagan, who coincidentally (or not) is the only U.S. President ever to get a divorce. 

Before "no fault" was the rule of the land, a married person who sought a divorce had to show their spouse was "at fault" for causing the breakdown of the marriage.  Typical grounds included abandonment, adultery and insanity.  Naturally, this put very unsavory issues in front of the judge as a preliminary matter in every divorce action.  Private eyes built a cottage industry around the quest to prove infidelity by lurking in the bushes at night with fancy cameras equipped with long telephoto lens.  Other spouses creatively stretched the definition of "abandonment" to the logical breaking point.  No doubt, this earlier era of family law contributed to the negative connotations held by the public about "slimy" divorce attorneys.  Sadly, this perception is still widely held.

Today, getting a divorce is much more cut and dry, especially in community property states such as California.  The court is focusing on creating an equal distribution of community property and setting support according to a complicated mathematical formula.  This is not the say difficult legal issues will not arise -- they can and do on a regular basis.  However, they are usually limited to snoozers such as complex tracing and valuation issues  Overall, elimination of fault has made the process much more dignified, assuming the parties approach it with a certain level of emotional maturity.  The reasons for the divorce rarely creep into the proceedings except in limited circumstances. 

The first is through the backdoor of custody disputes when the "bad" spouses behavior could affect the best interests of the child analysis.  Marital drama also tends to seep into the proceedings when allegations of domestic violence are present.  In some ways, California law encourages these allegations because under the Family Code, if a person has a domestic violence restraining order against him, it may adversely affect their custody rights.  And custodial timeshare in turn affects child support payments.  Similarly, California law provides that a documented spouse abuser may not be entitled to spousal support.

Oddly, The National Organization for Women opposed New York's adoption of no fault divorce laws.  Marcia Pappas, the head of the state office expressed skepticism over it's goals.   .

"Whenever we see a major push for a change in the law in this building, the bottom line is green," Pappas said. "There are people who are going to benefit monetarily from pushing this bill -- the New York State Bar, the Women's Bar, they're all going to get new clients. These are also the people that write very big, fat checks to the campaigns of these same people who are running for office. ***  [The end result of New York adopting the law would be] "plunging more women and children into poverty."

I believe these fears are entirely unfounded.  The family law court is well equipped to handle issues of child and spousal support as they arise.  Removing fault from divorce proceedings does not change this.

-- Michael

P.S.  For further reading, see this interesting article on Lemondrop that asks, is it good for women?  Professor Carol Sanger from Columbia Law School comments in detail.

So called "Paternity Fraud" continues to be a hot topic in the popular media.  Shock talk show hosts on TV like Jerry Springer and even more mild colleagues like Maury Povich have made paternity testing topics a cottage industry.  If television talk shows were one's only source of information, viewers might think false fatherhood claims are a widespread problem across America.  Such claims are often made to secure child support and medical benefits.  However, a recent study by Kermyt Anderson, Ph.D. that was published last year Current Anthropology suggests paternity fraud is actually a relatively rare occurrence.  Forbes also reported on the story here.

According to the study, 98% of men raising children they believe are their biological offspring are correct to think so.   Of the men who actually choose to get a paternity test, only 30% of the time do the results indicate they are not the father.  Smaller studies in the past have pegged the number at 10%, substantially higher than Anderson's cross cultural study.  Anderson's research aggregated data from sixty-seven different studies.  The country with the highest rate of non-paternity was Mexico (about 8%).

If you are not discouraged by the results above, and want (or need) a DNA test, here's a few contacts to arrange testing in the Sacramento area:

• Comprehensive Medical Center, 3600 Power Inn Road, Suite G, Sacramento, CA 95826, (916)454-1423.  This is a DNA paternity testing collection center across from the Family Relations Courthouse that accepts credit cards.  They advertise 99%+ accuracy.
• Genelex, 800-523-3080 or send e-mail to info@genelex.com.  They will direct you to a local draw site.
• DDC (DNA Diagnostics Center), 800-613-5768.  They will direct you to a local draw site and arrange seperate appointments for each tested party.

For family law purposes, please note that the Court can make orders regarding child custody, visitation and support prior to parentage being determined, even if it is in dispute.  To learn more about paternity in California please contact me on Ether or arrange an in-office consultation if you are local to the greater Sacramento area.

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Passing along this information I received in the mail the other day from Kids' Turn.  I'm in favor of anything that helps promote less conflict and better co-parenting skills between divorcing parents.  This program is unique in that it also provides simultaneous help to the children. 

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Kids' Turn presents Divorce Education for Children and Parents, a six week workshop in Sacramento!

Fall, 2007 Workshop Start Date, October 6, 2007

Site:  Convenient to I-5

"A child's most potent buffer against post divorce stress is a competent, involved parent(s)."

If you are a Sacramento area parent concerned about the negative effects of separation or divorce on your child or yourself, Kids' Turn can help.

Kids Turn has been offering divorce education in the Bay Area for 20 years, and the program is in its fourth year in the Sacramento community.  The educational (not therapy), skill based program, is designed to help families reduce the conflict while the family reorganizes.

Our parent-child workshop consists of six 90 minute weekly sessions for children ages 4-14 and their parents.  Children meet in groups according to their ages.  While children attend their groups, parents attend groups at the same site.  Parents of the same family meet in separate rooms.  When appropriate, both parents are strongly encouraged to participate. 

Benefits of the workshop include:

• Offering hope and optimism to children experiencing parental separation
• Improved communications between parents and children leading to reduced conflict
• New insight into how children experience divorce, both during and after the divorce
• Powerful strategies for helping your children cope more effectively with separation or divorce

For more information or registration materials contact Kids' Turn at 800.392.9239 or register online at www.kidsturn.org. 

Sliding scale fee for parents.  No fee for children.  No one turned away because of inability to pay.  Advance registration required. 

Kids' Turn Sacramento programs are conducted in memory of Anthony (Tony) Zanze.

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The San Francisco office of Kids' Turn has also recently added a special seminar for grandparents who want to support their children during parental separation.  The next grandparent seminar is scheduled for Saturday, August 4th at 10:00 a.m.

-- Michael

Michael W. Crosson, Attorney at Law
Family Law, Bankruptcy, Small Business Matters & Intellectual Property
Representing clients in the greater Sacramento area, including Placer, Yolo & El Dorado Counties

This morning, "DuchessofAsia" asked me about an e-mail that her sister forwarded to her regarding "New California Laws" that were alleged to take effect on July 1st.  She was especially interested in whether it was true all cell phone use while driving must be "hands free" now (using either a ear-bud or speaker).  According to the e-mail, violators would face a fine of $285 and law enforcement would be "looking for this like crazy" to collect "easy money."

It is true that California passed a cell phone "hands free" law for motorists, however, it does not take effect until next year, on July 1, 2008.  Also, the fine for the first offense is only $20, not $285.  Subsequent offensives are $50.  Here's a transcript of Governor Schwarzenegger remarks regarding the new law (SB 1613).  The Governor assures us the new new law will "save lives by making the road safer."  He claims that cell phone use in the car is "really dangerous" and responsible for 1000 accidents every month.  The Governor also points out an exception to the new law, which is making an emergency telephone call.

Another "new law" listed in the e-mail related to the carpool lanes on the freeway.  The fine for driving illegally in the carpool lane was rumored to be going up to $1068.50 and this would double on the second offense, triple on the third and one's license would be suspended on the forth offense.  This alleged change to the law is untrue.  The fine has increased, but only to $380.  So, it will cost you a pretty penny if you violate this law and get caught, but it's not going to hit you like a rent or mortgage payment!

Other fines and information in the e-mail are inaccurate as well.  The motor vehicle code sets forth guidelines with a range of possible fines.  The fines are set by each county and can vary widely.  Here's a link from the DMV to a section of the vehicle code relating to fines and penalties for driving offenses.

According to an article originally published in the Sacramento Bee, the CHP has been "flooded" with calls from the public and the media wanting to know if the e-mail was true.  Strangely, I didn't see any information on the CHP website addressing the issue.  One would think a bulletin might cut down on the number of calls to the agency.

I hope everyone had a great weekend and managed to keep cool!

-- Michael

Michael W. Crosson, Attorney at Law
Family Law, Bankruptcy, Small Business Matters & Intellectual Property
Representing clients in the greater Sacramento area, including Placer, Yolo & El Dorado Counties

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P.S.  --  It's been illegal in California for a long time to drive with stereo headphones on (covering both ears).  I received a ticket for this back in the 80's in the Los Angeles area for listening to my old Sony Walkman.  If memory serves, it was about $100.  My newest cell phone, the Nokia 5300 only came with stereo ear buds because it is also an MP3 music player.  To comply with the new law next year, I would need to get a new headset or only listen with one ear.  Alternatively, I could use the built in speakerphone.  By the way, the 5300 is great!  The only thing I am unhappy with is the battery life.  It's OK, but not as good as my previous phone, especially in stand-by mode.   T-Mobile recently reduced the price to just $49.00 after rebate.  I'm enjoying their "My Faves" plan, which lets you call five people of your choosing on any carrier (or even land lines) unlimited.

P.S.S. --  For reference, here's a copy of the bogus e-mail that is floating around.  Again, the information below is not accurate!  It serves as a good warning not to believe everything you read on the Internet and to always consider the source.

New California Laws/ Driving Fines effective 7/1/07

1. Carpool lane - 1st time $1068.50 starting 7/1/07 (The $271 posted
on the highway is old). Don't do it again because 2nd time is going to be
double. 3rd time triple, and 4th time license suspended.

2. Incorrect lane change - $380. Don't cross the lane on solid lines or intersections.

3. Block intersection - $485

4. Driving on the shoulder - $450

5. Cell phone use in the construction zone. - Double fine as of 07/01/07.
Cell phone use must be "hands free" while driving.

6. Passengers over 18 not in their seatbelts - both passengers and drivers get tickets .

7. Speeders can only drive 3 miles above the limit.

8. DUI = JAIL (Stays on your driving record for 10 years!)

9. As of 07/01/07 cell phone use must be "hands free" while driving.
Ticket is $285. They will be looking for this like crazy - easy money for police department.

Hello and welcome to my new EtherBlog called Aler Sans Jour!

As you may have gleaned from my brief introduction in the "about me" box, I am a California licensed attorney in private practice.  I represent clients in the greater Sacramento area including Placer, El Dorado, Solano and Yolo Counties.  My primary areas of practice are family law, bankruptcy, intellectual property (copyright & trademark) and small business matters.  My main website is here, and I also have another blog on Xanga here.

If you were wondering what "Aler Sans Jour" means, it's a old legal expression from France that translates to "to go without day."  It was used when a case was dismissed from court. The expression refers to the fact that no further (court) days would be scheduled for appearances in the matter.

In the processing of picking a name, I discovered a few good legal dictionaries on the web for historical legal terms.  At LawGuru you can find entries from the 1856 edition of the Bouvier's Law Dictionary in an easy to browse format.  On Google, I found "A Law Dictionary & Glossary by Alexander Mansfield.  This reference was originally published in 1867 but republished in 1987.  This is one of those books that Google has scanned in it's entirely and placed on the web (with permission of course). 

-- Michael

Michael W. Crosson, Attorney at Law
Family Law, Bankruptcy, Small Business Matters & Intellectual Property
Representing clients in the greater Sacramento area, including Placer, Yolo & El Dorado Counties

"We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code."