1. Latest Gun Law Developments, State by State

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    Federal lawmakers may not be able to agree on changes to the country’s gun laws, but that’s not a problem in many states. And more often than not at the state level, the new laws would broaden rather than restrict the rights of gun owners. 

    Of particular interest: draft bills in Alabama and Tennessee that would block the enforcement of any new federal restrictions on gun ownership. 

    For your reference, here’s a roundup of recent state gun law activity:

    Alabama

    “Lawmakers Close to Final Passage of Compromise Gun Bill” in Alabama Legislative Update – Week 13 (Baker, Donelson, Bearman, Caldwell & Berkowitz, PC):

    “After months of discussions and passionate debate between lawmakers and powerful political interest groups, the compromise gun bill appears close to final passage… Under the compromise, language remained that mandates that employers may not have a policy prohibiting employees from keeping firearms in their vehicles located on company property. Businesses would be immune from any civil action that is a result of an employee possessing a firearm on company property. Beyond the parking lot, loaded weapons could be carried in cars by anyone with a concealed carry permit. A driver could carry an unloaded weapon, as long as it is out of reach, even without a permit.” Read on»

    Proposed Legislation Would Allow Employees To Possess Firearms In Privately Owned Vehicles On Employer’s Property (Burr & Forman):

    “If enacted, the law would result in some major changes for private employers and private property owners relating to the storage and transportation of firearms by employees or invitees. The bill provides that – as allowed under current law - employers can restrict employees from carrying firearms on their person while on the employer’s property or while engaged in their employment activity. However, employers would be prevented from restricting or prohibiting employees from transporting or storing firearms in the employee’s privately-owned vehicle.” Read on»

    “Senate Passed Strong States Rights Legislation” in Alabama Legislative Update – Week 12 (Baker, Donelson, Bearman, Caldwell & Berkowitz, PC):

    “The Alabama Senate passed legislation stating, ‘all federal acts, laws, orders, rules or regulations regarding firearms are a violation of the Second Amendment.’ It also states federal laws in violation of the Second Amendment shall be considered null and void in Alabama. The vote was 24-6. The bill’s sponsor said he was not trying to declare all federal gun laws void. He hoped, however, that if Congress were to pass gun controls, the legislation would permit the state attorney general to issue an opinion that the law was unconstitutional and then Alabama law enforcement officers could refrain from enforcing it.” Read on» 

    California

    New Law Provides Resources to Identify Persons Prohibited from Having Firearms - Effective Immediately, Bill Appropriates $24 Million to Address Backlog in California’s Armed Prohibited Persons System (Best Best & Krieger LLP):

    “Governor Jerry Brown signed into law a bill that provides $24 million to fund the Armed Prohibited Persons System, the only state database to cross-reference all handgun and assault-weapon owners against criminal records to identify individuals prohibited from possessing a firearm. The bill stems from an estimated backlog of more than 20,000 prohibited owners in possession of over 40,000 firearms in California.” Read on»

    Connecticut

    Will Connecticut’s New Gun Restrictions Affect You? (Pullman & Comley, LLC):

    “Connecticut’s new firearms legislation will have a broad impact.  The state made history this past week when Governor Dannel Malloy signed into effect one of the most restrictive gun laws in the United States.  Public Act 13-3, ‘An Act Concerning Gun Violence Prevention and Children’s Safety,’ includes many provisions, some of which went into effect immediately.” Read on»

    Iowa

    Government Relations Report: First Funnel Week Edition (Davis Brown Law Firm):

    “Two bills passed the House Judiciary committee last week relating to guns. HF 75 would allow local governments to sell seized firearms and ammunition with a value less than $500. HF 81 requires local governments to keep confidential the names and addresses of holders of nonprofessional permits to carry weapons… Gun bills that did not survive the funnel include an amendment to the constitution of Iowa to include a provision similar to the Second Amendment of the United States Constitution, and a ‘stand your ground’ bill with more than 30 co-sponsors.” Read on»

    Maine

    “Gun Control Proposals Heard in Committee” in Under The Dome: Inside The Maine State House (Pierce Atwood LLP):

    “[T]he Criminal Justice and Public Safety Committee held a series of hearings on over twenty separate proposals to either regulate guns or modify Maine’s concealed weapons permit program. One of these bills, LD 265, was of particular interest to the business community. This bill, An Act to Repeal the Restriction on Employers Regarding Firearms Kept in an Employee’s Vehicle, would repeal a law enacted during the last Legislature. Under this new law an employer may not prohibit an employee with a concealed weapons permit from keeping a firearm in their locked vehicle while at work.” Read on»

    New Jersey

    New Jersey One-Gun Law Upheld, Setting a Precedent (Lawyers.com):

    “New Jersey’s law that limits handgun purchases to one per month was just upheld by the 3rd U.S. Circuit Court of Appeals, creating a federal law foundation for other states to follow. So far, California and Maryland have one-gun-a-month laws along with the Garden State, which has among the strongest gun laws in the country.” Read on»

    New York

    New York Passes “Toughest, Strongest” Gun Law in the Nation (Littler):

    “Following the Connecticut mass shooting, New York was the first state to pass legislation revising its gun regulations. On January 16, 2013, New York Governor Andrew M. Cuomo signed into law the New York Secure Ammunition and Firearms Enforcement Act (‘NY SAFE Act’). According to Governor Cuomo, ‘This new law will limit gun violence through common sense, reasonable reforms that will make New York a safer place to live … . the NY SAFE Act will now give New York State the toughest, strongest protections against gun violence in the nation.’” Read on»

    Tennessee

    Tennessee Passes Guns in Trunks Law (Butler, Snow, O’Mara, Stevens and Cannada, PLLC):

    “On March 14, 2013, Tennessee Governor Haslam signed the so-called ‘Guns in Trunks’ law, which will go into effect July 1, 2013.  The new law … states that handgun-carry permit holders may lawfully store firearms and ammunition in their personal vehicles parked on public or private property, including while parked at work, so long as the firearms are ‘kept from ordinary observation and locked within the trunk, glove box, or interior of the person’s vehicle or a container securely affixed to the vehicle if the person is not in the vehicle.’ This would include locking the firearm in a trunk, glove box, or container affixed to the vehicle within the interior of the car.” Read on»

    New Gun Law Passes in Tennessee (Miller & Martin PLLC):

    “… the new law also expressly releases property owners from civil liability for assaults and other violent or criminal activity which is committed by others using guns on their premises.  Property owners also are not responsible for the theft of a gun or ammunition which is carried/stored in accordance with the new law.” Read on»

    Tennessee Law Signed by Governor Haslam Allows Handgun Permit Holders to Carry Guns in their Cars (Chambliss, Bahner & Stophel, P.C.)

    “The bill broadly applies to any holder of a handgun carry permit that is recognized in Tennessee, including employees of a private business.   But by restricting the bill to apply only to ‘parking areas,’ the legislature has not impinged on the rights of property owners, businesses, or employers to prohibit the possession—by anyone—of firearms and other weapons elsewhere on the premises.” Read on»

    Tennessee Governor Signs Guns In Parking Lot Law (XpertHR)

    “It is worth noting that this bill is silent as to whether keeping a gun in a locked car is a ‘protected activity’ for which an employee may not be terminated. This question may be answered through future court cases that are likely to arise from this new law.” Read on»

    Tennessee and the Right to Bear Arms (Adrian H. Altshuler & Associates):

    “In January, State Representative Joe Carr (R-Murfreesboro) proposed legislation making it a misdemeanor for federal law enforcement to enforce any new federal gun bans in Tennessee. Carr’s announcement comes after Republican legislators in Wyoming and Texas proposed similar legislation. Carr said he offered the proposal to allow residents to defend themselves from tyranny. While many doubt the constitutionality of such legislation — states are constitutionally forbidden to pass a statute that blocks enforcement of an otherwise enforceable federal law — it raises questions as to the current status of gun law in Tennessee.” Read on»

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  2. Will Your Employer Pay for Your Obamacare Coverage? Here’s How to Know

    On January 1, 2014, one of the key provisions of the Affordable Care Act will kick in: the Shared Responsibility Rule, which requires employers to provide affordable, essential health care coverage to eligible employees (and their dependents) or pay a penalty. 

    How to determine if your employer will pay for your health care coverage? Three questions:

    1. Are you an eligible employee? 

    “For purposes of these rules, only common-law employees are counted. A sole proprietor, a partner in a partnership, a member of a limited liability company taxed as a partnership, and a 2-percent or more S corporation shareholder is not counted as an employee. Also excluded from this test’s definition of ‘employee’ is any individual who is paid by a staffing agency but provides services to an employer on a substantially full-time basis, including an individual whose services would meet the ‘leased employee’ definition…” (Dickinson Wright) 

    2. Do you work full time?

    “Pursuant to the statute, full-time employees are those who were employed on average for at least 30 hours of service per week (this includes not only hours worked but also hours for which the employee is paid or entitled to payment even when no work is performed, such as vacation or PTO).  For a calendar month, 130 hours of service is treated as the monthly equivalent of 30 hours of service per week, provided this equivalency rule is applied on a ‘reasonable and consistent basis.’ Sole proprietors, partners in partnerships, 2% S corporation shareholders, employees who work outside the United States and leased employees are generally not employees for purposes of the [Affordable Care Act].” (Perkins Coie) 

    3. Do you work for a “large employer”?

    “A large employer is defined as any business with an average of 50 or more FTEs and FTE equivalents during the prior 12-month calendar year. This definition applies to all types of employers, including non-profit and governmental entities. Related businesses with common ownership are treated as a single entity when determining if they fit the ‘large employer’ criteria. This ensures employers can’t avoid penalties by dividing themselves up into smaller organizations.” (Manatt, Phelps & Phillips) 

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    Find additional updates on the Affordable Care Act at JD Supra Law News»

  3. 5 Reasons Divorce Mediation Might be Right for You

    There are a lot of things to work out when going through a divorce. And out of court may be the best place to do it…

    Here are five reasons to consider mediation as an alternative to traditional divorce:

    1. You could spend less:

    “The potential for saving a significant amount of money is also one of the benefits of choosing mediation in a divorce.  Not only are the attorney fees typically less, the amount of time that will be spent mediating rather than litigating the issues is usually significantly less.” (Mitchell Reichman, Jaburg Wilk) 

    2. You can save a lot of time:

    “Mediations take less time — since so many courts are backlogged with other cases, they cannot hear cases as quickly as those involved in a divorce might desire. Mediation can allow a speedy resolution of issues without spending time waiting for a court to hear your case. Since mediation happens on your own time, it’s easy to schedule meetings at the convenience of the parties and the lawyers, without relying on the court to set a date.” (Law Offices of Adrian H. Altshuler & Associates) 

    3. Your stress levels may go down:

    “The idea behind mediated divorce is for both parties to reach an agreement they can live with. Because of this, the tone is generally more amicable, and some of the less attractive elements of a divorce, like courtroom arguments, are avoided.” (Bryan L. Salamone and Associates) 

    4. Your children might thank you:

    “Mediation, when entered into sincerely, immediately transforms an atmosphere of constant tension into one of cooperation.  While the events may still be upsetting or traumatizing to children – who are almost always emotionally unprepared for divorce – at least they will be calm, with disagreements and conflicts resolved in the mediation process instead of through emotionally-charged arguments.” (Jonathan Starr) 

    5. You remain in control:

    “One of the greatest advantages of resolving issues in mediation is that the parties control the outcome, meaning that any results are the product of an agreement rather than having a judge decide the outcome which often results in there being perceived ‘winners’ and ‘losers.’  This is not meant to suggest that agreements are easy to come by or that there are not difficult compromises that each party may have to make in order to reach an agreement. The outcome is still the product of an agreement instead of being imposed on the parties against their will.” (Mitchell Reichman, Jaburg Wilk) 

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  4. Colorado Medical Marijuana User Fired for Off-Duty Use

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    Medicinal marijuana has been legal in Colorado for more than 12 years, but that didn’t prevent one licensed user from losing his job due to a failed drug test.

    Brandon Coats, a state-licensed medical marijuana user, was fired when he failed a company drug test, writes Sean Gallagher of law firm Polsinelli: 

    “Coats alleged that he used medical marijuana within the limits of the license, and never on his employer’s premises. He further alleged that he was never under the influence of marijuana at work. Coats challenged his termination as a violation of the Lawful Activities Statute […] which prohibits an employer from discharging an employee for ‘engaging in any lawful activity off the premises of the employer during nonworking hours,’ subject to certain exceptions.”

    Unfortunately for Coats – and other medical marijuana users in the state – the Court disagreed. Attorneys Erin Clarke and Leslie Easton of Ballard Spahr explain: 

    “The Court of Appeals … found that for an activity to be ‘lawful’ within the meaning of Colorado’s Lawful Activities Statute, the activity must be lawful under both state and federal law. The court held that because the plaintiff’s marijuana use at the time of his termination was unlawful under federal law, even though it was lawful under state law, it was not ‘lawful activity’ within the protection of the statute.”

    In other words, even though pot – both for medical and recreational use – is legal in the state, it has not been legalized by the federal government, so Colorado worker protections do not apply. 

    The bottom line for employees in the Centennial State? Tread cautiously when using marijuana. Again, Sean Gallagher: 

    “Colorado employers can continue to enforce a policy of zero-tolerance for drug use inside and outside of the workplace without violating the Colorado Lawful Activities Statute.”

    And stay tuned, writes Aaron Kase of Lawyers.com: 

    “… the appeals court decision is almost surely not the last word, as Coats’ attorney has indicated that he will take the issue before the state Supreme Court… With public support for marijuana use quite high, the state Supreme Court could take the popular road and deem it a lawful activity, or they could follow the lower court’s literal definition and uphold the decision allowing employers to fire users.”

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  5. 5 Pieces of An Estate Plan Everyone Should Consider

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    “Estate planning may sound like something you don’t need to think about until you are approaching later stages of your life, or something only the top 1% need to take care of. This is a serious — and common — mistake.” (Boyer Dawson & St. Pierre) 

    Putting together your estate plan? Good, you should be, no matter what stage of life you are in. Here are five things you may want to consider including: 

    1. A living will:

    “A living will, sometimes known as health care proxy or advance healthcare directive, is a different type of legal document. It specifies to your doctors, friends and family your end-of-life medical wishes, and the medical actions you prefer in case you are unable to make reasonable decisions or communicate your decisions.  Your living will might also designate a person you trust to make those decisions on your behalf.” (Boyer Dawson & St. Pierre) 

    2. A digital estate plan:

    “At minimum, if you retain important or valuable documents and files on a password-protected computer or other device, you should consider securely documenting the passwords or providing them to your Executor.   In many cases, where you own the digital assets, your Executor will be able to take control – eventually.  However, the process can be time-consuming and disordered, as the service providers’ rules vary widely, and protocols are often not consistently applied.” (Field Law) 

    3. A “no-contest” clause:

    “Although you cannot avoid the possibility of a Will contest entirely, a no-contest clause may assist in making protracted litigation over your Will less likely.  A no-contest clause is a provision in a Will that penalizes those who challenge its validity. It is generally designed to prevent the challenger from receiving any bequest under the Will if a challenge is asserted.” (Cole Schotz) 

    4. A standby guardian:

    “Common practice is to name a guardian to a minor child through a parent’s Last Will and Testament… [But] what if a parent is living, but incapacitated or unable to care for their children either permanently or temporarily? Who will serve as guardian in such a case and how can parents be sure that the right person will be appointed?  The solution to this very real scenario lies in appointing a standby guardian.” (Bean, Kinney & Korman) 

    5. A revocable trust:

    “The probate process is both time-consuming and expensive. That is why, in addition to the ‘bare minimum’ documents … a Revocable Trust may be recommended. Such a trust, if suitable for you and your circumstances, has the potential to save your beneficiaries thousands of dollars and a lot of headaches… [T]he benefits of a Revocable Trust include the reduction or avoidance of probate, the flexibility to control how beneficiaries receive assets, added privacy, and the ability to provide a mechanism for planning for your own incapacity.” (Baker Donelson) 

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    Find additional updates on a wide range of Estate Planning considerations at JD Supra Law News»

  6. Payday Lenders Draw Increasing Scrutiny

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    “Neither a borrower nor a lender be…”
      -   Polonius, Hamlet Act  1, scene 3

    Federal regulators have begun to step up scrutiny of payday and other short-term loans. Late last month, the Consumer Financial Protection Bureau published the results of its year-long study of small-dollar lending. Their observations: 

    “Our findings … raise substantial consumer protection concerns. The CFPB intends to continue its inquiry into small dollar lending products to better understand the factors contributing to the sustained use of these products by many consumers and the light to moderate use by others. We will analyze the effectiveness of limitations, such as cooling-off periods, in curbing sustained use and other harms. Separately, we are analyzing borrowing activity by consumers using online payday loans.”

    Around the same time, the Federal Deposit Insurance Corporation (‘FDIC’) and the Office of the Comptroller of the Currency (‘OCC’) proposed guidance on payday lending rules for financial institutions regulated by those agencies.

    What might the increased scrutiny mean for consumers? 

    1. Repeat borrowers may face new limits: 

    “The CFPB has issued a report on payday and deposit advance loans finding that for many consumers these products lead to a cycle of indebtedness… The report found many consumers repeatedly roll over their payday and deposit advance loans or take out additional loans; often a short time after the previous one was repaid. This means that a sizable share of consumers end up in cycles of repeated borrowing and incur significant costs over time.” (Leonard, Street and Deinard) 

    2. Consumer “ability to repay” could be factored in:

    “As for the lenders, the CFPB found that they were not attempting to determine if a consumer had an immediate need to take a loan for an unusual expense that the consumer could repay with the next paycheck, but rather that the lenders were simply relying on being repaid quickly, without regard to whether the consumer could afford the loan.” (Foley & Lardner) 

    3. Short-term borrowers will be protected by long-term lending rules:

    “The Agencies observe that deposit advance products must comply with applicable State and Federal law and regulations… Among the Federal laws and regulations involved, the proposed Supervisory Guidance highlights the Federal Trade Commission Act, the Truth-in-Lending Act, the Electronic Fund Transfer Act, the Truth in Savings Act, and the Equal Credit Opportunity Act, and their respective implementing regulations.” (Dickinson Wright) 

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  7. Court to Photographers: It’s Art, Not a Copyright Infringement…

     

    “… next time you take someone else’s image and simply add a guitar, maybe you should think about adding some drums and a bass as well. And would a little more color hurt?” (Foley Hoag) 

    Did appropriation artists – those who use pre-existing works and objects as a starting point – just get broad license to avoid copyright infringement charges when using the work of other artists?

    Richard Prince is an appropriation artist who created 30 separate mixed-media collages based on the photographs of Patrick Cariou. When Cariou sued Prince for copyright infringement in 2008, Prince claimed a “fair use” defense. From David Kluft of law firm Foley Hoag:

    “The first prong of the fair use defense in copyright infringement cases, the ‘purpose and character of the use,’ is often described as an inquiry into whether the allegedly infringing work is ‘transformative.’ In other words, does the allegedly infringing work add something new, thus altering the message of the original, or does it essentially just copy (and potentially usurp the market for) the original?”

    And therein lies the rub… Kluft continues: 

    “Prince asserted a fair use defense but, at his deposition, he did something odd. Instead of expounding on the transformative character and meaning of his work, Prince admitted that his works ‘don’t really have a message’ and that he was not ‘trying to create anything with a new meaning.’ And far from a parody, Prince had no intention of commenting on Cariou’s photographs or their subject matter.”

    That admission was fatal to his defense, write attorneys at Sheppard Mullin:

    “The district court held that Prince’s works were not eligible for the fair use defense… In doing so, the district court concluded that in order to qualify for a fair use defense, Prince’s work must comment on Cariou, on Cariou’s photographs, or on aspects of popular culture closely associated with Cariou or his photographs. The district court determined that Prince’s works did not make any such comments, so the fair use defense was inapplicable and Prince’s works were infringing.”

    Fortunately for Mr. Prince, the Second Circuit Court of Appeals reversed the first ruling, and in doing so may have rewritten the rules governing fair use in the art world. Christopher Robinson of law firm Davis Wright Tremaine explains:

    “The Second Circuit … [held] that … there is no requirement that the new work comment in some way on the earlier work or popular culture for it to be deemed transformative. The categories of fair use listed in 17 U.S.C. Section 107 are illustrative, not exhaustive, and although some types of fair use such as satire and parody do comment on an original work or some aspect of society, many other types of works which constitute fair use, do not. […] 

    The Court recognized that many alleged infringers take pains at deposition to justify their use as commenting on or critiquing the original work, but the fact that Prince declined to do so was not dispositive, because the test is whether a reasonable person would find the use transformative.” 

    What does the ruling mean for the art world? 

    1. It’s a big win for appropriation art: 

    “In not limiting the fair use defense to only those works which comment in some way on the original work, the original work’s creator, or popular culture surrounding the original work or its creator, the Second Circuit’s decision permits a much greater universe of secondary works to be eligible for the fair use defense. This reading of the fair use doctrine permits a more expansive potential for appropriation of original works, provided that the new works actually transform the underlying works by in adding new expression, meaning, or message. (Sheppard Mullin) 

    2. Important limits on appropriation remain in place: 

    “The lesson for appropriation artists seems to be that either express comment, or aesthetic transformation may suffice as transformative use.  Though the act of copying itself has significant meaning from the perspective of art and theory, it remains too ambiguous a form of ‘commentary’ to avoid liability for copyright infringement.” (Cohen & Gresser) 

    3. Artist intentions are only part of the “transformative” analysis: 

    “Because the test is whether a reasonable person would view a use as transformative, an artist’s stated purpose in choosing a source is but one factor in the analysis, which also includes the extent to which the new work contains new expression as embodied in such elements as composition, scale, color, media and general aesthetic.” (Davis Wright Tremaine) 

    4. The jury’s still out on some of Prince’s work: 

    The Court concluded that twenty-five of the Prince works were entitled to fair use protection due to their transformative qualities. The Court was not able to reach that same conclusion as to five other Prince works, and sent the question back to the district court to look at whether those five works, which had relatively minimal alterations, impermissibly infringed Cariou’s copyrights. (Sheppard Mullin) 

    5. Ultimately, “I know it when I see it” may still be the standard:

    “For artists and others subject to this doctrine, the moral of the story can be clearly expressed, but may be difficult to follow. If you claim fair use in the Second Circuit, evidence of a parodic or critical intent may not help, and lack of such evidence may not hurt. The most important inquiry might not even be whether the work is transformative, but rather whether the finder of fact — as ‘reasonable observer’ — thinks that the work is transformative enough.” (Foley Hoag) 

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  8. Coming to America: What Immigration Reform Would Mean for Potential Immigrants

    Earlier this month, the bipartisan “Border Security, Economic Opportunity, and Immigration Modernization Act of 2013” (S. 744) was introduced in the U.S. Senate. 

    The 844-page bill proposes sweeping reforms to the country’s immigration laws that would create a number of new visa categories, reduce existing limits on employment visas, and strengthen border security, among other changes. 

    Who stands to benefit if the current draft legislation is adopted? 

    1. Asylum seekers: 

    “Eliminate the one-year filing deadline and authorize asylum officers to grant asylum during credible fear interviews.” (Cozen O’Connor) 

    2. Lesser-skilled and agricultural workers: 

    “The Senate legislation creates the ‘W visa’ a new nonimmigrant classification for foreign workers in low-skilled jobs. Beginning in 2015, the annual cap for W visas is 20,000 for the first year and increases to 75,000 by the fourth year. For each year after the fourth year, the annual cap will be calculated according to a statistical formula taking into account various factors.” (Ogletree Deakins) 

    3. H-1B workers (and their spouses):

    “S. 744 will increase the annual cap on new H-1B petitions starting in the 2015 fiscal year from 65,000 to 110,000 and will allow this cap to be increased to a maximum of 180,000 new petitions annually, based on a ‘high skilled jobs demand index.’ The 20,000 cap for holders of advanced degrees from U.S. universities will be replaced with a 25,000 cap for holders of advanced degrees in STEM fields from U.S. universities… Certain H-4 spouses of H-1B nonimmigrants will be granted employment authorization.” (Morgan Lewis) 

    4. Entrepreneurs:

    “The proposal offers up to 10,000 new temporary visas to entrepreneurs who create at least three jobs, raise at least $100,000 from angel investors, venture capitalists or other investment groups, and generate at least $200,000 in revenue.” (Lane Powell) 

    5. Immigrants from India or China:

    “S. 744 proposes to eliminate the per country quota limits on employment-based immigrant (green card) visas. This provision will benefit nationals of India and China who are disproportionately affected by these limits due to the large number of immigrants who come to the United States from these two countries. The bill will also increase from 7% to 15% the per country quota limits for family-based immigrants.” (Morgan Lewis) 

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  9. 5 Tips for Keeping the Peace When Sharing the Kids After a Divorce

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    Divorce is tough on everyone, but children often pay the highest price when the fighting and anger continue even after the adults have gone their separate ways.

    From lawyers on JD Supra, five tips for keeping the peace with your ex, for the children’s sake:

    1. Don’t sweat the small stuff:

    “If both parents can develop a level of trust in each other (admittedly a very difficult thing to do in the face of a divorce or the end of a relationship), then they can reduce resentments by having less inclination to micromanage what takes place in each other’s home.  There is a difference between bad parenting and just different parenting styles.  Differing parenting styles are not necessarily bad, but the more that parents can collaborate to create consistency between the parenting styles in their separate homes without imposing rigid requirements on each other, the less likely the children will view one home as ‘better’ or ‘more fun’ than the other.” (Law Offices of Marlo Van Oorschot) 

    2. Remember the basics:

    “The most important factor to consider in your custody schedule is your child’s best interests. The court is primarily concerned that your schedule provides the stability and security your child needs. Although we often think of parental visitation in terms of rights, visitation is also a parental obligation. As such, parental availability must be maximized when establishing your custody schedule.” (Adrian H. Altshuler & Associates) 

    3. Let technology be your friend:

    “Precedents are growing throughout the country for the inclusion or allowance of virtual visitation in a parenting plan… Technology is a boon to families who are not nearby and a skilled divorce lawyer can help you to arrange for virtual visitation. Email, texting, instant messaging and web cameras on phones or computers can strengthen the bond between parents and children.” (Bryan L. Salamone & Associates) 

    4. Don’t leave anyone out: 

    “Be sure that both of you have contacted the schools, coaches, doctors and anyone else who has contact with the kids on a regular basis, so that all of those folks have both parents’ contact information and know to call or email both of you. This saves one parent from feeling left out and one parent being put unfairly in an ‘assistant’ position. The information about activities, doctor’s appointments, etc. can all go into that mutual Internet calendar so all can see.” (Burns & Levinson) 

    5. Talk to your kids about what’s going on:

    “Be prepared to have many conversations with your children about the divorce – they should be given many opportunities to communicate their thoughts and feelings, none of which should be dismissed.  Read books about divorce to young children and encourage young children and teenagers to express themselves through art and music.” (The Byrd Law Firm) 

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  10. It’s Over… Sort of, Anyway: When Separation Is Better than Divorce

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    Considering divorce? You might want to consider another option: legal separation. 

    Legal separation, when backed up by a formal agreement, can offer couples a viable alternative to divorce. When does it make sense? 

    1. When you need time to figure out what’s best:

    “If you are going through a difficult period in your marriage, you may want to consider a legal separation instead of a divorce. Sometimes a legal separation is the best way to give a couple the time they need to reassess where they stand and what they want. You may not know whether you are better off with your spouse or without your spouse until you spend some time apart.” (Bryan L. Salamone & Associates) 

    2. When you still need insurance and similar benefits:

    “Under a legal separation, a couple is still legally married. As such, a married couple may still utilize dependent spouse insurance coverage, as well as marital rights that arise in the event of death or disability. Often, couples who wish to take advantage of insurance coverage or other marital benefits, but who do not wish to cohabitate, choose to legally separate.” (Adrian H. Altshuler & Associates) 

    3. When you can’t afford a divorce:

    “… for many at-odds couples who can’t untie the knot fast enough, legal and accounting fees that can soar into five figures in a contested divorce may prove to be a high barrier to clear. With too many cash-strapped families suffering from the recession and suffering from each other’s company, spouses who can’t afford an official divorce are making due with long term separations.” (Lawyers.com) 

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