The Sunk Cost Fallacy in Family Law:
Recognizing and Addressing Emotional Investment in Mediation Jessica Felix¹ The “sunk cost fallacy” occurs when a person is hesitant to abandon a person, a thing, or a course of action, because they have invested heavily in it, even when abandonment would be more beneficial. This fallacy is common in family law. After all, people tend to invest more time, finances, and emotional […]
Do I Need a Current Financial Affidavit from the Other Party Before Mediation?
Do I Need a Current Financial Affidavit from the Other Party Before Mediation? The short answer to this question is yes, most of the time. There are several reasons you want to make sure that the other party has filed a current financial affidavit before your scheduled mediation.
How to Prepare for a Family Law Mediation
When You Are Not Represented by an Attorney What does it mean to be pro se? Pro se is a Latin term meaning to represent oneself in a legal proceeding. In certain circumstances, it makes sense to represent yourself in a family law dispute. If retaining an attorney will create more financial strain than the […]
Five Harsh Truths You Need to Know
About Your Family Law Mediation 1) You will feel overwhelmed if you do not prepare in advance for your mediation (and probably even if you do). Things move quickly during mediation, and you need to think and make (big) decisions quickly to reach a written and signed agreement within the time allotted. If you are […]
Partner, Mark Baseman, did a great job during his oral argument before the Second DCA today.
Another big appellate win for partner, Mark Baseman.
In this one, the 5th DCA held the trial court erroneously modified a settlement agreement and final judgment under the guise of “clarifying” it. It also held that when a trial court denies a motion for rehearing and there is no appeal, the trial court errs by granting relief at a subsequent hearing based on […]
Another appellate win for partner Mark Baseman
Selected Family Law Appellate Update for week ending 11/10/17
Lancaster v. Lancaster (First DCA) The husband and wife entered into a settlement agreement that provided that neither would owe child support to the other. The wife appealed that trial court’s ratification of this agreement in its final judgment. The First District reiterated that parents may not contract away or waive the rights of their […]
Selected Family Law Appellate Update for week ending 10/13/17
Broga v. Broga (First DCA) The trial court imputed the husband an income of $80,000 per year on the assumption that he could secure a job as a corporate pilot. The court based the husband’s child support and an award of attorney’s fees on this amount. The District Court reversed. The husband was currently working […]
Selected Family Law Appellate Update for week ending 10/6/17
Perkins v. Simmonds (Fourth DCA) Perkins filed a petition to establish paternity, which the trial court dismissed for lack of standing after finding that the child in question was born to an intact marriage. Perkins appealed and the Fourth DCA reversed. At hearing, the trial court found that Perkins had been involved in this child’s […]