Issue #49	March 2006
Know someone else going through the divorce process? If you think they could benefit from this newsletter feel free to pass it on in its entirety to them. "If you live long enough, you'll make mistakes. But if you learn from them, you'll be a better person."     - Bill Clinton Don't forget to mention DivorceHQ.com when contacting the divorce professionals listed on the site.
In This Issue: "Virtual Visitation" Do You Absolutely Need a Lawyer for Your Divorce or Custody Case?     by Janet Langjahr, Attorney-at-Law Read All About It! Divorce Humor New Attorney, Mediator and Divorce Services Members.
1. "Virtual Visitation" "Virtual visitation" would allow technology in child-custody arrangements. According to an article that appeared in the Journal Times Online the Wisconsin State Assembly passed Senate Bill 244, which would allow judges to grant a "reasonable amount of electronic communication at reasonable hours during the other parent's period of placement with the child ..." Wisconsin would be added to the list of states to formally recognize virtual visitation, which can include video conferencing, instant messaging, e-mail and telephone calls. Other states that have used "virtual visitation" include a case in New York where a custody dispute developed between parents when the mother who was the custodial parent, wanted to move to Saudi Arabia. The court decided that it was in the best interests of the child to move to Saudi Arabia with the mother, stepfather and half brothers and sisters, but required the mother to comply with specific conditions to ensure that the child's relationship with his father be disrupted as little as possible. The court ordered the parties to use the Internet as a means of direct communication between the father and the child. (See: Lazarevic v. Fojelquist, 668 N.Y.S. 2d 320 (1997). The New Jersey Superior Court allowed a mother and child to relocate after looking at a proposal for "virtual visitation" to supplement periodic in-person visits in McCoy v. McCoy, 764 A.2d 449 (2001). In this case, the mother wanted to move from New Jersey to California. The judge approved the mother's plan for web-based communication via camera-computer technology and daily emails, calling it a "both creative and innovative" way for the father to stay in touch with his daughter. The "virtual visitation" was in addition to the personal visitation schedule, which was not reduced. Some view the trend towards "virtual visitation" as a way for family law judges to permit custodial parents to move their children hundreds or thousands of miles away from their other parent, and justifying the separation by ordering Internet video conferencing as a purported substitute for a father's time with his children. Whatever your views on the subject it appears that technology have now become more ingrained in family life.
2. Do You Absolutely Need a Lawyer for Your Divorce or Custody Case?         by Janet Langjahr, Attorney-at-Law Your interests can always be better represented by an attorney. You already know that. But are there times when self-representation is, well, "good enough"? The following are some very general guidelines about the safest situations in which to represent yourself and the riskiest situations for self-representation. Needless to say, these general guidelines may not apply in your particular case. Safest Self-Representation Cases: a marriage in which both partners worked throughout the marriage, earn comparable salaries, have no minor children together and have accumulated no property together to speak of, especially if the marriage is very brief to relatively brief a marriage in which neither partner worked steadily or earns much money, they have no minor children together and they have accumulated no property to speak of, especially if the marriage is very brief to relatively brief a very brief to relatively brief marriage in which the partners have no minor children together and have accumulated no property to speak of a marriage in which both partners worked throughout the marriage and earn comparable salaries, have accumulated no property together to speak of and where both partners are excellent, involved parents to their minor children together and each parent wants the other parent to stay very involved in the life of their child(ren) a marriage in which neither partner works steadily or earns much money, they have accumulated no property to speak of and both partners are excellent, involved parents to their minor children together and each parent wants the other parent to stay very involved in the life of their child(ren) any marriage in which the partners have no children together and they are aware of and able to agree on how to divide all property and all support issues and, probably, their agreement is not patently unfair any marriage in which the partners are aware of and able to agree on how to divide all property and all support issues, their agreement provides adequately for the care of the children and reasonable visitation with the non-custodial parent and, probably, their agreement is not patently unfair in regard to financial matters Riskiest Self-Representation Cases     (or Do Yourself a Big Favor and Figure Out A Way to Retain a Lawyer): either partner has a criminal record either partner is accused of domestic violence, including child abuse either partner is accused of sexual abuse either partner is accused of non-physical abuse (verbal, emotional, psychological, psychic, etc.) either partner is neglectful and/or irresponsible either partner suffers from inadequately treated mental illness either partner has a physical disability or other significant health issue either partner is not mentally competent (example, Alzheimer's disease) either partner abuses alcohol or any other substance either partner is accused of abandonment either partner is accused of poor parenting skills or judgment either partner or caretaker of children is accused of illegal immigrant status either partner is overextended financially and on the verge of bankruptcy either partner owns a privately held business either partner has a history of defaulting in financial obligations such as court-ordered support of other children or previous spouse either partner is believed to be hiding assets either partner is believed to work for cash payments either partner has a history of willful refusal to work for a living either partner has threatened to run off with the children either partner has tried to limit or interfere with visitation of the children either partner has badmouthed the other to the children either partner has stated that the other is able to support the children without assistance either partner has warned that he or she will not provide any financial support where the other partner may be entitled to it either partner is just plain disagreeable for the sake of it the other partner's lawyer is just plain disagreeable for the sake of it the other partner's lawyer is consistently extremely aggressive, contentious and intimidating the case has already started and the judge has strongly encouraged you to hire a lawyer or the case has already started and the judge really doesn't seem to be seeing things your way at all ABOUT THE AUTHOR Janet Langjahr, a Boca Raton Divorce Lawyer serving Broward and Palm Beach County is licensed in FL, NY, NJ. Janet is a rare blend of old-fashioned and ultra-modern that sets her apart from a lot of lawyers, especially those as seasoned as she is. She handles divorce, child custody and domestic abuse cases as well as all family law matters.
3. Read All About It! For online divorce books go to:DivorceHQ.com/onlinebooks.html
4. Humor When a man marries a woman, they become one. The trouble starts when they try to decide which one.     - Unknown
5. Welcome to the following new         Attorneys, Mediators, Therapist/Counselors and Divorce Services members. California     Mediators         New Resolution - San Francisco         Bartholomew & Wasznicky LLP - Sacramento Illinois     Mediators         C.E.L. and Associates - Libertyville Louisiana     Attorneys         Daniel M. Landry III, PLC - Lafayette Maryland     Attorneys         Houlon, Berman, Bergman, Finci & Levenstein - Greenbelt Minnesota     Attorneys         Bloch & Whitehouse, P.A. - Bloomington New Jersey     Mediators         Divorce with Dignity Mediation Services - Hoboken New York     Mediators         Divorce & Family Mediation Group, LLC - Melville Pennsylvania     Attorneys         Sweeney Law Offices - Cranberry Township         Law Office of Paul J. Stacom - King of Prussia Texas     Attorneys         The Selesky Law Firm, L.L.P. - Houston         The Wright Firm, LLP - Lewisville         Trusler & Associates, PLLC - Austin     Mediators         Erin K. McDonough - Round Rock Virginia     Attorneys         Law Office Of Ronald A. Robinson - Manassas         Resolving Conflict Institute, LLC - Alexandria     Mediators         Resolving Conflict Institute, LLC - Alexandria Wisconsin     Mediators         C.E.L. and Associates - Libertyville
To find an ATTORNEY in your state go to: www.divorcehq.com/attydir.shtml To find a MEDIATOR in your state go to: www.divorcehq.com/mediatordir.shtml To find OTHER DIVORCE RELATED SERVICES such as Family counselors and Therapist, Divorce Planners, Financial Planners, Paralegals and Accountants go to: www.divorcehq.com/servicedir.shtml To find Collaborative Organization in your state go to: www.divorcehq.com/collaborative_orgs.shtml To find a SUPPORT GROUP in your state go to: www.divorcehq.com/spprtgroups.shtml
Remember, we are not attorneys, therefore we can not answer legal questions. If you have a legal question, visit our Attorney, Mediator or Service Directories for the appropriate professional in your state.