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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
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Experience:  since 1983
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Need help with my midterm for Family Law and Divorce Mediation.

Customer Question

Need help with my midterm for Family Law and Divorce Mediation. I have to prepare a two page memo with the information in mind below:

David and Angela have reached family mediation day. Using information presented in previous units, prepare a memo indicating the number of sessions necessary to resolve David and Angela's current family conflict. Be sure to substantiate your conclusion.

Also note how family law mediation in the situation of David and Angela would differ significantly from negotiations in a labor relations setting. What questions could a mediator use to defuse the anger that David and Angela may feel as the session begins?

Your memo should be at least two typed pages in length.

Here is info about the couple from my previous units:

David and Angela have been married for seven years. Last year, while married to David, Angela wrote a book that has sold 5,000 copies in her local area. The royalties received from Angela's book sales during the 12 months prior to the divorce totaled $34,000. One month prior to filing for divorce, Angela sold the copyright to her book for $300,000 to a publisher. The publisher will pay Angela in equal monthly installments at the rate of $25,000 per month, beginning two months after her divorce from David is final, until the $300,000 is paid in full.
Submitted: 6 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 6 years ago.
What State do they live in?
Customer: replied 6 years ago.

No, state is given. So, I believe any state would be sufficient. Here's some additional information, if needed:

 

David and Angela, who met as high school seniors and dated for three years prior to their marriage. The couple is now in their seventh year of marriage. There are increasing problems over money. David, who was more outgoing in the earlier days of the relationship, has become more distant during the past year. Angela suspects that David is having an affair, and often raises this issue. David denies that he is having an affair. David and Angela have two children, Benjamin (age two) and Connie (age four). David is a Certified Public Accountant. He works many extra hours during the spring each year. Angela is also an accountant but is not a CPA. Angela hates accounting and would prefer to be writing screenplays. She has worked outside the home, in an accounting job, on a part-time basis since the birth of Connie. David believes that Angela does not work hard enough at her job. Angela believes that David is not ambitious enough to move ahead at work.

Expert:  N Cal Attorney replied 6 years ago.
One month prior to filing for divorce, Angela sold the copyright to her book for $300,000 to a publisher. The publisher will pay Angela in equal monthly installments at the rate of $25,000 per month, beginning two months after her divorce from David is final, until the $300,000 is paid in full.

That contract with the publisher is probably invalid as against public policy insofar as it promotes divorce.

Her efforts writing the book during marriage were community property and the profits from the book would be community property in California.

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