California Divorce Weblog

Doggie Divorce Survivors

Remember "The War of the Roses?" The Michael Douglas, Kathleen Turner characters have nothing on some divorcing New York couples. These days they're not fighting over who gets the apartment, or the china. They're squaring off over who gets Fido or Fluffy. Here's Eyewitness News reporter Jeff Rossen.

As manager of a swanky doggie day care center on Manhattan's East Side, Michelle O'Connell has seen how heated things can get between divorcing couples when it comes to their pets.

Michelle O'connell, Ritzy Canine: "I had one client who gave me strict instructions not release dog to her ex-spouse."

Pet custody is becoming an increasingly hot topic in divorces, especially in New York where pets can provide a warm refuge from the cold city. But when a divorce threatens to take that four-legged friend away.. the fur can fly.

Raoul Felder, Divorce Attorney: "The trouble is, the courts don't treat pets like people but like things- like just another coffee cup."

So courts award custody of pets just like they do personal property- like the china or silver. But pet owners say that's not the way it should be done, since animals mean a lot more to people than, say, a simple place setting.

Felder: "Pets have meanings. they have a deep-bonding sense of attachment to their owner."

Many Manhattan dog owners have been through it -- one woman we met almost lost her two dogs in a divorce. But she bought them, so the judge ruled she got to keep them. And another woman had a dog when she first got engaged...

Elizabeth Morgan: "Then when we broke off the engagement it was like, 'who's dog is it?' But i have the dog now."

Not without a bitter fight- that's why animal rights experts say the law needs to change..

David Wolfson, Animal Law Expert: "What people want is to make judges, etc realize that aninmals are not the same as chairs-- they have personalities."

A few court cases have started that change, ruling animals aren't just property- but feeling beings. It's a first step for those who believe animals are people too!

(New York -WABC, March 15, 2005)

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Family Law deals with especially sensitive issues that can have life-long emotional and financial effects. It is a specialized area of law, requiring specific training in negotiation and litigation skills, taxation, property and business evaluation, as well as a knowledge of constantly changing rules and procedures.

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Family Law Litigation

We provide our clients with vigorous representation at all stages of a family law case. In a divorce or other family law matter clients often need immediate action to protect their rights or the interests of their children. In other cases, the client’s spouse might be hiding assets or understating income. Our office is experienced in dealing with these situations in a swift and effective manner by employing the following strategies:

* Next day filing of a dissolution of marriage case.

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*Preventing the other spouse from disposing of or borrowing against real estate.

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Collaborative Divorce

Our office is now offering Collaborative Divorce services. In a Collaborative Divorce case the spouses and their attorneys sign an agreement in which they commit themselves to resolving the issues in the divorce without going to court. The agreement further provides that if either spouse decides to litigate the case in court, both of the attorneys will withdraw from the case and will not be allowed to perform any further services in connection for either spouse.

The Collaborative Divorce process involves the assembly of a team of professionals who are all dedicated to achieving an amicable resolution of the divorce without going to court. In addition to the attorneys, the team includes four other professionals. Each spouse has his/her own mental health professional who functions as a "divorce coach," assisting the spouses to deal with the emotional issues in the case. There is also a "child specialist" - a mental health professional who focuses on the needs of the children. The final member of the team is a financial specialist who assists the spouse in creating household budgets and dividing the community property.

A Collaborative Divorce differs from the traditional litigated divorce in several important respects:

*A Collaborative Divorce can usually be completed in a few months. A typical litigated divorce takes between six and eighteen months to complete, sometimes longer.

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*The feelings and desires of the children are considered throughout the entire process.