An Experienced Family Law Attorney – PRICELESS!

priceless.jpgGordon Gibb recently wrote an excellent article for lawyersandsettlements.com about the importance of hiring an experienced divorce lawyer. He lasers in on the topic with his opening sentences. “If there ever was a more important role for lawyers and litigation professionals, it is in family law. Corporate law, environmental law, even real estate law has nuthin’ on the complexities and the drama that explodes from divorce petitions, custody battles-even who gets to keep the family dog”. He concludes with “Experts suggest that if your relationship looks as though it is coming apart and you’re considering divorce, the best couple of hundred bucks you’ll ever spend is by sitting down with a reputable family law firm for a consultation. In an hour, the family attorneys can give you a pretty good idea of what you might be in for, what the dynamic, the payout and the cost, the likely custody arrangement, and in a nutshell what kind of life you’re going to have at the end of it all. It may not be pretty, and after hearing the hard facts you might think twice about dissolving your relationship, and try to patch it up instead.”

If unfortunately you find you … Read More... “An Experienced Family Law Attorney – PRICELESS!”

Lingo You Might Not Know From the Divorce World

terms.jpgIf you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar terms. Here are some common ones with a short definition:

AFFIDAVIT – Information provided under oath.  Often times pertaining to current finances, debts and assets.

BAILIFF – The judge’s assistant who helps with the court docket and often oversees the decorum in the courtroom.

CONTEMPT – An action requesting the court to punish a person for violating a prior Court order.

CONTINUANCE – A delay or postponement of a scheduled court appearance.

CPO – A “civil protection order”. An order which can be issued by the court in a domestic violence proceeding requiring a person to vacate a home and cease all contact/communication.

DEPOSITION – A form of discovery where opposing counsel gets to ask questions orally to a party or witness under oath in the presence of a court reporter before trial.

DISCOVERY – The early phase of a case where each side requests information relevant to the issues at hand. This phase may include depositions, interrogatories, production of document requests, and requests for admissions.

DV – Short for a “Domestic Violence” action.

GAL – Short for “Guardian … Read More... “Lingo You Might Not Know From the Divorce World”

Helpful Books For Children Going Through Divorce And Loss

books_ramey.jpgHow do you talk with kids about divorce, depression or death? Many parents have no idea how to even begin such a conversation about serious topics with their children.

Honest and insightful communication is as difficult for kids as it is for most of us. Parents’ questions are often viewed as interrogation, met by silence, “I dunno” or a single word response. Speaking with younger children presents even more challenges. Younger kids have intense feelings and complex thoughts, but just don’t have the vocabulary to translate ideas into words. How can we gain entry into our children’s inner lives and encourage the expression of what they really think and feel?

Children’s books provide a tremendous opportunity to promote such communication.

These are not the same books that many of us read as youngsters. Contemporary children’s literature better reflects the reality and range of issues confronted by many kids. There are books that deal with intense topics of abuse, divorce and death. However, more routine issues such as friendship, forgiveness, fears, nail biting, bedwetting, ADHD, anger and depression are also common themes in many books.

I’ve used stories in working with many kids in therapy. Books give kids a sense that … Read More... “Helpful Books For Children Going Through Divorce And Loss”

Putting Aside the Boxing Glove, An Emerging Trend in Divorce Litigation

box.jpgWhat I have sensed for a few years has now been corroborated by Gregg Herman, who chairs the American Bar Association Family Law Section. He says, “Divorce has become far less litigious in that more cases are settled than litigated.” The members of the American Academy of Matrimonial Lawyers have noticed the same phenomenon. In a poll last year, 58 percent of its members indicated that more of their divorce cases over the past five years were settled without trial. Only 12 percent said they were resolving fewer cases without trial. James Hennenhoefer, the president of the Academy, believes that there is a clear preference especially among middle-income clients to resolve cases with less contention, in part to cut down on costs.

Now I am not suggesting that nasty divorce cases don’t exist. They do. In my practice, custody/parenting issues still top the list of hotly disputed areas, followed by spousal support and division of retirement accounts. The general acceptance of shared parenting arrangements has helped lessen custody litigation. Nonetheless, the level of acrimony of the parties can drastically affect both the tone and contentiousness of the divorce proceedings.

The lawyers in our law firm have adopted the American Bar Read More... “Putting Aside the Boxing Glove, An Emerging Trend in Divorce Litigation”

Cultural Tolerance For Divorce Continues to Rise

gall.jpgSeventy percent of Americans now believe that divorce is “morally acceptable,” according to a recent poll conducted by Gallup’s 2008 Values and Beliefs survey. This figure represents an 11 percent increase from just 7 years ago and a 5 percent increase from 1 year ago. Only 22 percent of Americans said they believed divorce was “morally wrong.” Interestingly, divorce was the only ethical issue of the 16 issues measured in the survey where opinions significantly changed over the past year. The survey was conducted by a telephone sampling of 1,017 adults in the US, aged 18 or older, from May 8-11, 2008.

Divorce Transition: What Happens To Our Friends Now?

dfriends.jpgTransition to one’s “new” life after the divorce can be stressful and difficult for many people. The level of that stress often is dependant upon the issues surrounding the divorce as well as the level of acrimony afterwards. Maintaining friends and keeping a support group is important psychologically for most people to help them move forward after the divorce. But, as many divorced individuals will tell you, this transitional process can be awkward and painful. If mutual friends of yours have gone through a divorce, you too know that post divorce interaction with each person can be a challenge.

If you are struggling with this situation, let me recommend that you take a minute to read an excellent article recently published in the Yuma Sun written by Bill Reed. Not only does he accurately capture much of the conflict involved, but he also includes insights from both the perspective of the divorced couple but also their friends. There are 13 “behavior rules” included that were suggested by Counselors Dee Ring Martz, Beth Lieberman and Robin Wall who share their professional advice to divorcing couples and their friends about how to maintain friendships through the transition.

Read More... “Divorce Transition: What Happens To Our Friends Now?”

Be Sure to Pull Your Free Credit Report

creport.jpgAs part of the divorce proceedings, your attorney will at some point be trying to determine what credit card debts are in each of your individual names as well as shared accounts and authorized user accounts. Often times, understandably, clients are not sure. The distinction in the type of account is important, as it not only affects future liability on the account but also future reporting to the bureaus.

The liability for an individual account lies with the person whose name is on the account (presumably the person who opened it). A shared or co-debtor account allows the credit card company to go after either or both parties on the account. An authorized user situation creates a more complicated scenario. The credit card company cannot attempt to collect payments from a mere authorized user. Their recourse for collection is against the individual whose name is on the account so long as the authorized user did not sign the application or give their social security number to the credit card company. But it is important to know that the credit card companies will still report the payment history on both the individual owner and the authorized user to the credit bureaus. … Read More... “Be Sure to Pull Your Free Credit Report”

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