Tips Guides Resources

So you are considering a divorce, but you do not know much about the process itself except for what you have heard from your friends. You probably have children and a house. Maybe you own a business and you wonder what will happen with all of these things.

Perhaps the principal concern for everybody is the cost of the divorce, which can make people feel that trapped in their situation. While divorces are not cost-free, there are ways of making sure that you get the best value for your dollar.

Divorce Litigation is Expensive: Most divorces are expensive. Divorcing spouses can end up paying between $5,000 and $30,000 or more in legal fees and court costs.

If a divorce is more contentious, then it is likely to cost more because you may find yourself in court several times to argue about support payments, child custody, the use of your home, or restraining orders, all before you receive a final judgment of dissolution.

Every time you go back to court, you will incur fees for lawyer’s preparation, time spent in court, and any extra communication with your attorney before and after going to court.

Divorces often settle before trial, but if a case goes to trial, you will pay even more fees for your lawyer, as well as fees for expert witnesses like accountants and appraisers who are needed explain to the court how much the your property is worth.

Even after the trial and the judgment of dissolution, litigation may not be over. You will likely find yourself in court many times in the future to argue over spousal support, child support, and child custody and visitation.

Divorce Takes A Long Time and Time is Money: On top of all those expenses, most divorce cases take at least a year and some can drag on for several years because the divorcing spouses get caught up in the contentious nature of the proceedings.

Most people do not intend to drag out cases, but still find themselves involved in the divorce two or three years down the road.

For instance, your spouse might take a stubborn position, sometimes at the behest of his or her attorney, just to see if he or she can squeeze more out of you. You may give in to your spouse avoid a fight.

In that situation, your spouse took advantage of your wish to keep it nice. Or, you may simply be unable to pay your attorney to fight your spouse. This is a common strategy in ordinary litigation, but it can be devastating in a divorce because of the emotions involved.

On the other hand, you may fight your stubborn spouse, resulting in a vicious and expensive battle that could have been avoided by more flexible and reasonable approach. You will begin fighting over things that were not important, simply because the atmosphere dictates the fight and neither side wants to back down for fear that the other side will use the moment of compromise to pounce.

Before you know it, your divorce becomes an expensive and protracted battle, just like your friends told you it would be.

There Is A Way To Avoid A Long and Expensive Divorce: Fortunately, for most people, there is a way to avoid the conflict and complete a divorce within a much more reasonable length of time and at much lower expense.

Collaborative law is a process that when properly implemented will prevent exactly the kinds of scenarios presented above. It can cost much, much less, and take only a few months, instead of several years. Most importantly, it is designed to prevent the contentious and emotionally draining litigation practices by preventing animosity and encouraging cooperation.

How It Works: In the collaborative process, you will begin by recognizing that scenarios like the one described above can happen without their really intending them, simply because of the adversarial nature of the process.

The process begins by selecting collaborative lawyers, who are specially trained in the collaborative process. Very few lawyers are trained in collaborative divorce, and because the approach is so radically different, an untrained lawyer will usually be less effective and more expensive.

In response to that terrible prospect, both you and your spouse, along with your collaborative lawyers, agree in writing to be open and respectful, not to take your dispute into court, and not to take unreasonable positions just to see if they can succeed in squeezing more out of the other side. You will openly negotiate the terms of your divorce, making mutual agreements about property division, child and spousal support payments, and child custody and visitation.

You will negotiate the agreements together, in a series of meetings with your spouses and your respective collaborative attorneys.

Some collaborative divorces can be completed with just one or two such meetings, others take a few more. Almost all of them are completed within a few months, though, without going to court, without racking up shocking attorney fees, and without using litigation to destroy the you and your spouse’s financial and emotional stability.

Erin Rhames-Childs and Jerry Childs are also Fresno divorce litigation attorneys who provide services for divorce, child custody, child support, spousal support, adoptions, guardianships, grandparent rights, domestic partnerships, and more. Visit us on the web at www.childsandchilds.com

DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.

Divorced dads face many problems during Christmas and other holidays with their children. But there are solutions. Let me share a story about my experience with you:

The worst Christmas that I ever had was spent watching Godfather III in a theater after handing over my kids at 4:00 p.m. to their mom. But there are far worse holiday horror stories. Fathers get told with no notice, “No, you can’t have little Jimmy on Christmas Eve like we originally planned. You can see him for a couple of hours on the 26th.”

Fathers who are successful with holiday and birthday visitation issues don’t leave legal action to the last moment. To ensure the holiday schedule goes as planned, especially if problems are anticipated, you may need police enforcement of your holiday access.

In my opinion, “early” for Christmas means getting started in September or before. Don’t wait until the last minute. In December, the court system slows to a near standstill. Faced with the prospect of not seeing your children on Christmas, slow paced legal proceedings make stress even worse.

In court, don’t wage war; wage peace. Judges don’t care about what is good for you. Present evidence to the judge in terms of how your suggestions benefit your children and a GREAT compromise focused on calming their holiday anxiety. That’s what judges want to hear.

Most courts order that holidays, birthdays and Christmas be equally divided. But put yourself in your kids’ shoes for a moment. It’s not good for the kids to chop a special day in half.

If you don’t get your kids for the holidays, buy them a present anyway. Wrap it and put it away. When you finally see your kids, even if it’s March or June, put on your Santa hat and pull out the present. Your kids will appreciate that you didn’t forget them.

Don’t bad-mouth their mother either. Kids are smart. Kids will figure out what is really going on if you are non-confrontational.

Ultimately, we had to get creative. We celebrate two birthdays and holidays; one with each parent. I’ve celebrated Christmas by surprising my kids days early with a full out celebration. We had a great time because we didn’t get stuck on celebrating on a certain day.

I still get lonely at Christmas. BUT, when I see how the kids turned out, due to the efforts I made to make them happy, especially during the holidays, I know I have been a great Dad. And no one can ever take that away.

Don’t ever give up and don’t ever lose hope. Most judges understand how sad a time holidays are. If you come across angry, you do your kids and yourself an enormous disservice. Be the man you claim to be by example: Be a man of peace and extend goodwill to all. This is the best overall approach and strategy successful divorced dads use to maintain a close relationship with their children.

Remember this above all else: Your example of love, peace and fatherly wisdom is the best present you can give your children for Christmas.

During my divorce, I wished for a divorce road map. That’s why we created a weekly telewebcast, to help men like yourself.

If you’ve lost in Family Court, don’t give up. There is always hope. You’ve likely lost because you didn’t understand that winning requires effectively “waging peace” for your children.

If you base your game plan and strategies upon those of successful fathers, you will improve your chances of success immeasurably. You need help from dads who have done what you are trying to do.

Danny Guspie - Executive Director of Fathers Resources International can help you learn the successful strategies of fathers who have won in Family Court. Join us on our weekly calls at

DivorcedDadWeekly.com where we will share with you what works for successful divorced dads.

Patent violations do occasionally happen accidentally. With research tools and the high level of technology available, patent violations shouldn’t happen accidentally very often, but they do. Nor is it unheard of to be accused of a patent violation when there isn’t one. Either way, fast action is required if you or your company is accused of patent violations.

The first step is contacting a patent infringement lawyer, someone who can guide you step by step in protecting your assets, your company, and you reputation while an investigation is conducted into the patent violation accusation. As you follow your patent infringement lawyer’s advice, you may discover that you or your company is completely innocent, or you may discover that you accidentally violated patent infringement laws.

The laws protecting patents and those which outline patent violations are very intricate, and should be interpreted by a qualified patent infringement lawyer if there is any question of potential patent violation from concept to final production. Patent violations costs companies million of dollars and should not be taken lightly. It is better to pay a patent infringement lawyer in the early stages as a consultant than it is to have to pay him after a patent violation accusation.

The steps taken in the wake of a patent violation are vital, and should be followed exactly as determined by the patent infringement lawyer. Seeking the advice of a patent infringement lawyer and then determining your own path may very well be business suicide. It is necessary to protect yourself.

After the initial consultation with your patent infringement lawyer, you should have an adequate understanding of whether or not you are guilty of a patent violation. This will determine your company’s actions and may very well affect things such as employment, production, and profits.

Depending on the company, this may very well be a devastating blow. Small companies who are heavily dependant on one or two products for profit can find just the steps taken after being accused of a patent violation will be enough to close them down. Closing the company doesn’t necessarily mean that those prosecuting the patent violation will drop their claim. It may simply mean that the patent violators will need to find an alternative method of paying off the judgment, if there is one.

Being accused of a patent violation is a scary proposition. Your patent infringement lawyer will be able to thoroughly explain the various steps that occur from the moment of accusation all the way through the final judgment. Sometimes knowing what is likely to happen can ease the fear of being accused. Of course, being accused of a patent violation when in fact there isn’t one can be a very frustrating experience.

Being financially drained over an illegitimate cause for a small company is just as devastating. In this case your patent infringement lawyer can help you file a counter claim to recoup your losses from a false claim.

Not all patent violations are obvious to either the accused or the victim of the patent violation. Induced patent violations are tricky, as they involve a principle based in misleading, and avoiding an induced patent violation can be as simple as changing the wording on the packaging.

Consulting with a patent infringement lawyer can avoid incidents of even induced or indirect patent violations. Patent infringement lawyers can be downright invaluable when the product or invention being created is even remotely similar to an existing product or invention.

Once you or your company has been officially accused of a patent violation, there are precious few options other than to settle the matter via legal means. It is nearly impossible to resolve the matter without a patent infringement lawyer, and considering all that is at stake, it wouldn’t be prudent to try.

Patent infringement lawyers are highly qualified to steer you in the better direction when dealing with patent violations, regardless of how much an on staff lawyer may be. Unless your on staff lawyer is a patent infringement lawyer, it would be prudent to hire a specialist.

Choose a patent infringement lawyer carefully. Take the time to review their record carefully and thoroughly discuss the pending patent violation case. Naturally, entering into litigation over a patent violation with a less than average patent infringement lawyer could mean the difference between surviving and closing the company doors deeply in debt. The patent infringement lawyer of your choice can determine your future. It is vital that you take the time to choose wisely.

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: http://www.toppatentinfringementlawyers.com or call 1-888-311-5522

It typically requires a patent attorney to define all the nuances between trade secrets, patents, and trademarks, however a few basics don’t require a patent attorney for a generic understanding.

Patent infringement is considered an infringement on a product, or a product enhancement that is patented to an existing inventor or company. For a period nearing twenty years, an inventor or company can hold exclusive rights to a patent, and anyone who markets or presents a product that can only reasonably used for the same purpose is guilty of patent infringement.

A trade secret is typically regarded as a company secret that makes the product different from any other, often this refers to an ingredient such as what makes Corn Pops taste like Corn Pops instead of Corn Crunchies.

A patent attorney may be called in to draw up contracts with employees to keep trade secrets safe, as well as prosecute any trade secret infringements once an employee has left a company. It is illegal for an employee or anyone else privy to trade secrets to open up their own company using the trade secrets they learned while working for another company.

A trademark is typically an emblem, logo design, or other distinguishable characteristic that is easily recognizable as a company’s trademark. A trademark can be the way a name is or brand id displayed, like Coca Cola’s emblem placed up the can or across the bottle.

Trade secrets, trademarks, and patents can all be subject to patent infringement laws, and while these laws are typically complicated enough to require a patent attorney to interpret them, the basis of these laws simply means that nobody is permitted to copy these things without permission.

When trade secrets or trademarks are copied, a patent attorney is usually contacted to assist the defrauded company in determining and prosecuting the offender, as the selling or theft of trade secrets or the copying of trademarks can sufficiently hurt the established company’s business.

Many companies rely on their trade secrets and trademarks to establish something special in the marketplace, and being defrauded means that the consumer is now likely to interpret the trademark or purchase the other brand, believing it is the same product.

When this is not true, the consumer may lose confidence in the defrauded company when the product is not the same as expected. The defrauded company has no way of explaining to the consumer that this product was not theirs without retaining a patent attorney to file a patent infringement lawsuit based on either the theft or sale of trade secrets, or the copying of a trademark.

Once a patent attorney is able to bring the case to court and expose the damage done, the consumer by then has already found either another product or may be leery of wasting money on a product that turns out to be less or even just different than what they expected.

A patent attorney can often be brought on board a project in order to help prevent the infringement of trade secrets and trademarks, and of course patents. This is routinely done in the development stage in order to prevent the company from wasting money and energy on a product or product enhancement that is already covered and protected under patent infringement laws, which includes trade secrets and trademarks.

Patent infringement covers all aspects of business practices that include things such as trademarks and trade secrets. Patent attorneys are able to keep up on the changing laws, which is often invaluable in the development of a new product.

No company wants to spend man hours and money in the development of a product or product enhancement that is like to find them on the receiving end of a patent attorney’s line of questioning. Considering the ample awards that are handed out for patent infringements, it makes financial sense to bring a patent attorney on board to justify the product development.

Naturally, patent infringement is taken very seriously in business law, and the penalties for either a patent infringement, trade secret violation, or a trademark infringement are quite severe. This is just one motivating factor in seeking assistance from a patent attorney before marketing a new product or product enhancement.

In today’s business world, an ounce of prevention is worth about 2.3 million dollars worth of cure. The vast majority of companies simply skip the guess work and retain a patent attorney from the start, and by doing so, thwart their chances of accidentally being guilty of patent infringement, trademark violations, or trade secret violations.

Nick Johnson represents individuals or companies with cases involving patent infringement. Find more information at http://www.toppatentinfringementattorneys.com or http://www.toppatentinfringementlawyers.com . Call 1-888-311-5522 to receive a free case evaluation.

Patent infringement is a serious offense in the United States. It can lead to serious damage awards if the case goes to trial. Often in cases of it, research by the offending company was previously performed to avoid it. However, often patent infringement happens when a company believes they are not directly violating certain laws.

For the purpose of clarity, we will discuss it as it pertains to a fictitious weight loss candy. Weight loss candy that has been marketed as candy that encourages weight loss and has been patented now holds the market on the ingredients and the concept, as well as the brand name and labeling.

The most obvious form of it is a company who creates the same product as a previously patented product and markets it as their own. Laws can get confusing when you consider that the development of products turns into development of more products. Obviously someone developed fabric softener.

Obviously, there have been many fabric softener developments along the way considering the ample fabric softener choices there are in the store today. Patents on the initial product only last for a certain amount of time, however patent infringement can happen even after it is acceptable to reproduce varying brands of the patented product. The new product can not have the same exact ingredients as the original product and it can not be marketed as the exact same product.

It can occur in several ways. Another company introduces a candy that does not necessarily encourage weight loss, but the packaging of the candy induces the consumer to believe the product is the same or similar to the initial weight loss candy. This is known as induced patent infringement.

Induced patent infringement relies on the principle that the company does not need to actually create a product that infringes on the patent rights, it only has to be presented to the consumer as a patent infringement. The candy, which may or may not encourage weight loss, is packaged in a manner that allows the consumer to believe the candy will encourage weight loss.

Induced patent infringement relies on the company’s ability to hide behind the fact that the product is not the same as the patented product. Packaging is usually carefully worded to argue that the intent of the packaging is left up to the consumer, however, this tactic usually doesn’t work. Induced patent infringement is usually obvious despite efforts that may be taken to avoid being suspected of it.

It can happen when someone redevelops a product already in circulation in another country, or if there is a patent pending on a product. Patent infringement on a patent pending product is really a matter of legal hair splitting. If a patent is pending, it does fall under protection. Patent infringement on a patent pending item can happen accidentally, however, most products that are marketed under a pending patent are marked with a patent pending obvious wording.

This can happen either accidentally or with deceitful intent. Intentional patent infringement, also known as willful patent infringement, can carry very high damages awards. Willful patent infringement is often committed with full knowledge and an intentionally deceitful marketing plan. This can include intentionally misrepresenting the product through packaging, advertisement, or even ingredient labeling. Willful can end up closing down major corporations.

These cases are definitely on the rise. This is in part due to the increase in marketing and research capabilities provided by the internet. Patent infringement awards tend to be some of the highest awards, if it was willful and the companies involved are both able and willing to take the case to court.

Patent infringement happens with large companies, small companies, and companies that are barely even on the radar screen. Unfortunately it is becoming more popular and more harmful. Patent infringement cases are becoming much more prevalent in the court room.

However it is important that those who have been victims of it, either via willful or induced, stand up and reclaim what is rightfully theirs. Patent infringement laws do help to better our society by providing financial motivation for the especially creative individuals to create products that make the world a better, safer place. Thus it is worth valuable time, money, and energy to seek out those who violate laws and hold them accountable for their actions.

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: http://www.toppatentinfringementlawyers.com or call 1-888-311-5522

Patent infringement in America today is increasing tenfold over occurrences even just ten years ago. Technological advancement has led to a significant increase in patent infringement. In some cases, it has resulted in two companies competing for the same basic technological achievement while in other cases it allowed the leaking of information to competitive companies for a handsome fee. Patent infringement is taken very seriously in this country, and the jury awards for the infringed upon are ample proof of how seriously it has surged.

When dealing with issues such as this, juries need to recognize that it is possible for two competitive companies or even individuals to come up with nearly the same invention, especially in the technological field. Patent infringement can occur with or without intent.

If the patent infringement occurred without intent, the behavior of the company or individual after notification that they were impeding on patent laws can determine the jury’s outcome. If the response was positive, and the infringing company took immediate action to stop the instance of patent infringement, juries tend to be rather lenient.

However, it is not uncommon for a company to fight the patent infringement if they were not aware of it to begin with or they disagree that they are in violation of patent laws. This is not always considered the wisest technical move when accused of it, but some companies have found themselves in the right. Those who were in the wrong had this plan backfire on them in the court room.

Accusations of it occur more often than actually necessary, as these laws are quite complex. It is possible to believe that another company is in violation of patent infringement laws while in fact they are not. Often it comes down to which way the law decides to split the hair.

A similar invention, or an invention that accomplishes the same goal with an entirely different mechanism, is not necessarily patent infringement. It must meet a set number of requirements, so to speak, in order to be considered actual infringement.

However, if a company comes out with patented software, such as voice recognition software, and another company delivers the exact same software in different packaging, then obviously this is considered patent infringement. However, if the company that released the patented voice recognition software released software that responded to the voice and typed messages and another company released voice recognition software that allowed the consumer to draw, create music and designs, but did not type, this is not necessarily a patent violation.

Whether accusing someone of patent infringement or being accused of the same, the most beneficial idea is to check with a patent infringement lawyer before making any decisions. Patent laws are complex enough that you typically need a specialist to determine what constitutes it and what doesn’t. Even when a company is 100% positive that they recognize a patent violation, it still usually takes a specialist to guide the company through the appropriate steps to effectively prosecute a patent law violator.

Patent violations are much more common than most people realize, and often in the past companies believed that a patent completely protected them from patent violations. Within the last ten years, companies have realized the vast amount of patent violations that are currently hitting the market, and naturally have taken greater steps to protect themselves from patent infringement. Many companies employ patent attorneys during the development stages of a new product.

They may also employ a patent infringement attorney to notify their competitors of new patented inventions and projects in order to dissuade them from following suit with their own likeness of the invention or product. Patent violators take a very significant risk if they choose to knowingly violate an existing patent. It is not uncommon for patent infringement cases to end in judgments of upwards of $50 million.

Patent infringement has a higher percentage of prosecution in America today based on better research materials and resources. The incidents of it are becoming more obvious to the victimized company, which naturally takes swift and decisive action against a patent violator.

Patent infringement is by far no joke in this country, and if your company has been accused of a patent violation, you are going to have no choice but to hire the best, present the best case humanly possible, and hope that your company isn’t bankrupt at the end of the proceedings.

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: http://www.toppatentinfringementlawyers.com or call 1-888-311-5522