Following up on a previous post about a New York doctor demanding the return of one of his kidneys as compensation in his divorce settlement, the New York State Supreme Court has just spurned his demands for the return of his organ or for monetary compensation.
Dr. Richard Batista insisted last month on the return of a kidney he had donated to his wife Dawnell Batista before accusing her of extra marital affairs and subsequently divorcing her. If Dawnell refused to return the kidney, Richard Batista mandated $1.5 million as compensation.
State Supreme Court marital referee Jeffrey Grob stated that it is illegal to place a monetary value on an organ. Dawnell Batista's attorney agreed with Grob in that human organs "are not commodities that can be divided as property in a divorce." However, to the satisfaction of Richard Batista's lawyer, Grob's ruling does allow for "sacrifices, magnamity, and devotion" to be taken into account in settling the divorce case.
Most property division in my Santa Clara Family Law office is not as complex as this case. Property division is usually a cut and dry, numbers process. Most people are aware that California is a Community Property State.
Not sure about what property you are entitled to in a divorce? My San Jose property division law offices can transplant our knowledge to you and help you with an equitable division of property, saving one from a divorce costing an arm or a leg. (or kidney?)
Author's Notes
Thursday, February 26, 2009
Friday, February 20, 2009
Dr. Phil Says No on Divorce Guest
Dr. Phil McGraw of the Dr. Phil show has apparently had the final word over a New York state Supreme Court judge regarding a 47-year old Westchester man appearing on his popular talk show to discuss his divorce.
James White, a real estate agent from White Plains, prepared to fly to Los Angeles to be on the show until his ex-wife Theresa Mazzella discovered his plan and took him to court. In court, Mazzella argued that White appearing on the show to discuss their divorce would do irreparable harm to her 2 sons (one 10 years old and the other 15) - and to herself. But State Supreme Court Judge Bruce Tolbert ruled that White could talk about his divorce on the show provided he didn't "disparage" Mazzella. However, in the end a spokeswoman for Dr. Phil responded, saying the show had never booked White as a guest.
White and Mazzella split 3 years ago but have since been locked in a arduous child custody battle. White lives with his two children while Mazzella lives separately and is accused by Mazzella of being behind on child support.
The epilogue of this story: divorce and custody battles can become unbelievable real-life dramas if not handled properly by both parties throughout the divorce process. My San Jose divorce law office can help provide guidelines on how to conduct your divorce, not just in process but also in approach. Our San Jose Child Custody office and San Jose Child Support office can also assist if your story involves child custody and support.
A divorce itself can generate sizable regrets. Don't allow room for further regrets (on or off camera) by contacting my San Jose divorce law firm today to learn how to handle your divorce properly.
James White, a real estate agent from White Plains, prepared to fly to Los Angeles to be on the show until his ex-wife Theresa Mazzella discovered his plan and took him to court. In court, Mazzella argued that White appearing on the show to discuss their divorce would do irreparable harm to her 2 sons (one 10 years old and the other 15) - and to herself. But State Supreme Court Judge Bruce Tolbert ruled that White could talk about his divorce on the show provided he didn't "disparage" Mazzella. However, in the end a spokeswoman for Dr. Phil responded, saying the show had never booked White as a guest.
White and Mazzella split 3 years ago but have since been locked in a arduous child custody battle. White lives with his two children while Mazzella lives separately and is accused by Mazzella of being behind on child support.
The epilogue of this story: divorce and custody battles can become unbelievable real-life dramas if not handled properly by both parties throughout the divorce process. My San Jose divorce law office can help provide guidelines on how to conduct your divorce, not just in process but also in approach. Our San Jose Child Custody office and San Jose Child Support office can also assist if your story involves child custody and support.
A divorce itself can generate sizable regrets. Don't allow room for further regrets (on or off camera) by contacting my San Jose divorce law firm today to learn how to handle your divorce properly.
Thursday, February 12, 2009
Valetine's Day Divorcees Find a Nice Way to Play
As Valentine's Day approaches, some couples in Texas calling it quits can choose to "play nice" with a new type of approach to divorce, according to a PR Newswire article.
More private and cost-effective than traditional divorce court, new "collaborative law" (CL) cases being suggested by attorneys allow divorces to happen outside the court system. Less contentious than traditional divorce court, such an avenue can prove beneficial to family relationships, especially where a divorce involves children or a couple-owned business.
On the flip side, an article in Texas Lawyer also talks about "reconciliation law" (RL). Through RL, a divorcing couple attempts to save the marriage however possible via a legally binding agreement to work on their relationship.
So what's the major difference between CL and RL? In CL, if the case cannot be settled, the attorneys must withdraw and let different attorneys take the case into court. With RL, the same attorneys can complete the case if the divorcing parties decide not to reconcile.
Are you thinking twice about your decision to divorce? Are you thinking about how to end your marriage peacefully? Let my San Jose divorce law offices help you determine what's involved and the best approach for you. My San Jose child custody and San Jose child support offices can also help if your divorce involves children.
For Valentine's Day or any day of the year for that matter, here's wishing every couple to "make nice," whether they stay together or not.
More private and cost-effective than traditional divorce court, new "collaborative law" (CL) cases being suggested by attorneys allow divorces to happen outside the court system. Less contentious than traditional divorce court, such an avenue can prove beneficial to family relationships, especially where a divorce involves children or a couple-owned business.
On the flip side, an article in Texas Lawyer also talks about "reconciliation law" (RL). Through RL, a divorcing couple attempts to save the marriage however possible via a legally binding agreement to work on their relationship.
So what's the major difference between CL and RL? In CL, if the case cannot be settled, the attorneys must withdraw and let different attorneys take the case into court. With RL, the same attorneys can complete the case if the divorcing parties decide not to reconcile.
Are you thinking twice about your decision to divorce? Are you thinking about how to end your marriage peacefully? Let my San Jose divorce law offices help you determine what's involved and the best approach for you. My San Jose child custody and San Jose child support offices can also help if your divorce involves children.
For Valentine's Day or any day of the year for that matter, here's wishing every couple to "make nice," whether they stay together or not.
Wednesday, February 4, 2009
Massachusetts Same Sex Marriage Couple Files for Divorce
The public face of same-sex marriage in Massachusetts became an appearance of divorce as one of the pioneering couples of same-sex marriage there called it quits after 4 years of marriage. Julia and Hillary Goodridge, along with six other LGBT couples, had filed a lawsuit in 2004 in Massachusetts, making the state the first in the nation to allow same-sex marriages.
According to a source close to the two lesbian women, the two realized they had less in common after they got married in 2004 and filed for divorce last week. After 20 years of being together and 4 years of marriage, they simply grew apart like all straight and gay couples.
Here in California, same-sex marriage and LGBT domestic partnership issues continue to be in the public forefront with the California Supreme Court's upcoming review of Proposition 8 regarding legalizing same-sex marriage. A ruling is expected between March and June of this year.
In my San Jose Family Law offices I work with LGBT clients to ensure that their legal needs are served with compassion and dignity. If you are thinking of starting a domestic partnership or wish to end one, proper legal planning is key. Our San Jose domestic partnership and San Jose LGBT lawyer services will effectively represent your concerns and ensure that your valuable legal rights are preserved and enforced. Call me today to schedule an appointment.
Sources: AP News: Mass. Couple who led Gay Marriage Fight to Divorce, Landmark Gay Couple Files for Divorce
According to a source close to the two lesbian women, the two realized they had less in common after they got married in 2004 and filed for divorce last week. After 20 years of being together and 4 years of marriage, they simply grew apart like all straight and gay couples.
Here in California, same-sex marriage and LGBT domestic partnership issues continue to be in the public forefront with the California Supreme Court's upcoming review of Proposition 8 regarding legalizing same-sex marriage. A ruling is expected between March and June of this year.
In my San Jose Family Law offices I work with LGBT clients to ensure that their legal needs are served with compassion and dignity. If you are thinking of starting a domestic partnership or wish to end one, proper legal planning is key. Our San Jose domestic partnership and San Jose LGBT lawyer services will effectively represent your concerns and ensure that your valuable legal rights are preserved and enforced. Call me today to schedule an appointment.
Sources: AP News: Mass. Couple who led Gay Marriage Fight to Divorce, Landmark Gay Couple Files for Divorce
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