Legal Blog

This is a little off topic from my regular posts but I thought I’d mention that I’ve added f/k/a to my blogroll. They’ve got an interesting take and look at the legal world.

 Check out there latest post here.

Should You Represent Yourself in Your Memphis Divorce?

The following post was originally written by Houston divorce attorney Scott Morgan.

Click Here to visit his Houston Divorce Blog.

In recent years I have noticed an ever increasing number of pro se litigants (people who represent themselves) at the family law courthouse. I mentioned this to a judge who estimated that 50% of her docket was comprised of pro se cases.

For several years now the basement of the Family Law Center has been occupied by a staff member of the Houston Volunteer Lawyers whose basic job is to assist the pro se litigants with the numerous document errors that are caught by the judges during what are supposed to be quick, easy uncontested prove up hearings.

It is my understanding that most of these people are using divorce form websites. They pay approximately $200 or so for the fill-in-the-blank divorce forms that are supposed to be acceptable in their jurisdiction.

Among the many problems of a divorce form website is the obvious difficulty in creating documents that are effective and current in all 50 states, not to mention addressing the various peculiarities of individual counties and individual judges. The fact that judges can and usually do find numerous errors in the documents during a very brief scanning at the prove up hearing is evidence of just how bad a job these form websites do.

My basic view on representing yourself is this: if you have no assets, no liabilities, no children, and you are just unable to financially afford a lawyer, then go ahead take a stab at representing yourself. However, for most people their divorce case will be the most significant financial and legal event of their life and it needs to be handled correctly. If it is not handled correctly the hidden error is likely to reveal itself at some later date.

Here is an example. Early in my career I was visited by a lady who had been divorced several years prior. Her ex-husband was now retired from the military and receiving his pension. During the divorce neither party had been represented by an attorney and the husband had handled the paperwork. She admitted to me that at the time she would have signed any document he asked her to and given him anything he wanted. She just wanted out of the marriage, an attitude shared by many going through divorce who later regret it.

Now she wondered if she had any right to a portion of his pension, since they had been married for about 15 of his 20 years of military service. I expected to find in the Decree the standard boilerplate language awarding all of retirement assets to the party in whose name it was held.

To my amazement the Decree was silent on the issue of retirement benefits division. It simply did not address that asset. You can guess the rest of the story. I filed a petition to divide undivided property and within a relatively short time she was receiving nearly $1000 a month out of husband’s pension.

In this case the end result was a just one and I was happy to help her achieve it. But you can bet her ex-husband felt otherwise. He could have easily avoided the result by not being so cheap and hiring a lawyer. Even the most mediocre of family law attorneys would not have made that mistake. Over the course of his life that error could end up costing him $100,000, $200,000, or more.

While this might seem like a dramatic example of a pro se error, I can give you many, many more just from the ones I have personally seen. The errors involve child support, visitation, conservatorship, alimony, property division, etc., you name it.

The bottom line is that your divorce case is far too significant and important to just hope you get it right. You need to be certain that it is handled correctly and you can only do this by hiring a quality divorce lawyer.

Selecting the Right Memphis or Mississippi Divorce Attorney

Going through a divorce will be one of the most difficult undertakings in your life. So selecting the right divorce lawyer in Memphis or Desoto County to represent you is a very important decision. The following are a few criteria for use in helping to decide on the right divorce attorney.Experience

Any divorce lawyer you consider should have significant experience handling cases in your geographical area. A divorce lawyer who is experienced in your county will be familiar with the tendencies of that county’s judges and will be able to use this knowledge to your advantage. Additionally, that lawyer should practice primarily (preferably, exclusively) as a family law attorney. Frequently people will hire someone whose practice is mostly in another area of the law, thinking that any lawyer will do. However, family law is extremely specialized and in most states the statutes are modified frequently. It is a field that requires a constant study and a certain skill set in order to best represent a client.

Past Client Testimonials

Probably the best way to determine which lawyer is right for your is to hear what past clients have to say about the lawyer. While divorce can often be unpleasant, some divorce attorneys have more success at satisfying their clients. If you do not personally know someone who has been a client of a particular lawyer, you should consider asking for client testimonials. A good lawyer should have at least a few former clients who are willing to vouch for him or her.

Accessible

One of the most common complaints made by clients who become dissatisfied with their divorce attorney is that they were unable to communicate with the lawyer. It is very important that your divorce lawyer or someone on the staff be accessible and prompt in responding to your phone calls, emails, and requests for meetings. While you can ask about the office policy, this is another area where you can best evaluate by hearing what past clients have to say.

Fees

It is extremely important that you have a frank discussion with the lawyer about fees and what you can expect. Typically, the divorce lawyer will require the payment of a substantial retainer up front, against which that lawyer’s hourly rate and expenses will be charged. You should find out what the hourly rate is, how much the retainer will be, whether any portion of the retainer is refundable if it is not fully used, and how frequently you will receive invoices detailing the hourly charges and expenses. You should also find out how detailed and clear the invoices will be. Again, this is an area where you can get excellent information from past clients.

Are You Comfortable with the Lawyer?

While all the other issues are very important, there is one ultimate question you should ask yourself before hiring your divorce lawyer: are you comfortable with that lawyer and are you confident in his or her abilities? If the answer is anything other than a resounding “yes, absolutely” you should keep looking. Your case is too important to hire someone who does not inspire your confidence.

Houston divorce lawyer Scott Morgan originally posted this to his Houston divorce blog and his original post can be found by clicking on this sentence.

The Best Laid Plans; What to do When your Child Support Agreement is Not Working

     Circumstances change, especially when it comes to estimating expenses and income when arranging child support.  The payments you receive may not be enough to support your child, or you may not be able to afford your payments.  If there has been a substantial change in the circumstances of the child or the parent, then the proper response may be a child support modification.  For example, Mississippi courts have held that the following events, if unforseen at the time of the last settlement,  may warrant a modification.

• The increased financial needs of older children
• Inflation
• An increase in childs physical or psychological healthcare needs
• A change in either parents earning capacity
• Any health issues or special needs of the parents
• Tax liability of the noncustodial payor

     Generally an increase in child support payed is supported by an increase in parental income or in the cost of raising the child, including the childs decision to attend college.  Decreases in child support payment will be granted for non-voluntary reductions in the payors income, the emancipation of the child, or upon the child chosing to move in with the non-custodial parent.  A modification will not be granted on the basis of new debt, remarriage, or the birth of additional children.

      If you have any questions about your Mississippi or Memphis child support agreement, or if you have been contacted about a child support modification,  please contact the Ferrell Firm. Our Memphis divorce lawyers can help you through the entire child support payment process.

Collaborative Divorce: “It’s all the rage”

“They call it “collaborative divorce.” It’s apparently all the rage right now.” from the movie Juno

Collaborative Divorce is a “new way to resolve disputes respectfully” and handling divorce out of court.  Our Memphis Divorce Lawyers would like to set the record straight. 

You can refer to this Free Collaborative Divorce Kit provided by the International Academy of Collaborative Professionals for more detailed information about Collaborative Divorce.

Divorce can be an unfortunate and expensive situation.  But it doesn’t have to be that way.  Collaborative Divorce Professionals are a great resource and alternative for dividing families that  have contested issues and the financial resources to fight them out.  You can settle your divorce out of court and inexpensively… with simple professional guidance.  If you want to fight out your divorce, you’ll have to spend a lot of money, whether you settle with collaborative professionals or in court.  Collaborative Divorce is the best alternative to litigating divorce in court.  But don’t spend money on the “new rage” divorce.  Our Memphis Divorce Lawyers can assist you settling an affordable divorce, and enlisting other professional when needed and only if a financial option.

For the average family, Collaborative Divorce is a great guiding principle, but don’t feel that it is the only way to settle your divorce out of court.  Mediation is highly encouraged by all Tennessee divorce professionals, and is an option at any stage of your divorce.

Tips for Memphis Parents: Out of State Visitation

Here is an interesting posting from the Women’s Divorce Blog about Out of State Visitation.

Our Memphis Divorce Lawyers have selected the following excerpts:

How is long distance visitation handled?

“You have to commit to helping them have a relationship… which may mean some inconvenience for you.” 

Would the court approve long-distance visitation for a toddler?

“…it might not be a problem, particularly if transportation times can coincide with nap times.”

Will I have to share travel expenses if my ex moves?

“…the one who moved, …not …reasonable to expect you to pay for and arrange travel for your child.”

How is visitation set up if the Dad will be living in another country?

“The key is to find a way for them to maintain a relationship while still allowing them to have a sense of permanency in one home.”

Be sure to read the entire article and the helpful links!

James Ferrell featured in the Memphis Daily News

Just last week I was interviewed and featured in the Memphis Daily News. The article addressed how we are changing the way legal fees are handled in the Memphis community by family, estate and probate lawyers.

At our firm we handle almost all of our cases on a fixed fee basis. This is quite different than most other attorneys here in the Memphis area. The Daily News found this interesting and decided to feature us in their April 17th edition. If you are a subscriber to the Daily News you can go to their website here to read the feature.

Memphis Divorce Tips: Keeping Your Stuff

“How can I keep my stuff?”

Generally whatever you bring to the marriage or keep separately will remain your Separate Property.  Property that you acquire while married or that you commingle will become Marital Property.

Unless you have a premarital agreement or have kept meticulous care and records, you need to work out reasonable property division with your spouse when you divorce.  This means following a few simple pieces of advice.

1. Disclose every asset…
2. Disclose offsetting debts…
3. Keep your documents…
4. Be prepared to negotiate…

In short? Be honest.  Unless you want the court to make decisions for you.  Concealment and hiding assets is deceitful.  You will not be able to reach a reasonable, fair and inexpensive settlement if you are dishonest with you spouse or your attorney.

Source of post: Dad’s Divorce Blog and www.cordellcordell.com ©.

What our Memphis Divorce Lawyers can do that a Divorce Kit can’t

“There are many times when a husband and a wife mutually decide to end a marriage and decide to do so on their own terms.” 

While a do-it yourself divorce “kit” may be appealing to some people, we have had many clients who have started “working on the divorce” on their own, and after months of confusion called an attorney anyways.  Just because you call a lawyer, it doesn’t mean your divorce will be nasty contested fight. 

Our Memphis Divorce Lawyers always encourage out of court settlement and free communication.  We will guide you through all the issues that need to be settled, not just what you think needs to be settled.  We can provide options and solutions, knowledge and interaction that just won’t come from filling out the forms.  While we only represent one spouse/one client, we are ethically bound and guided to always explain to the other spouse their rights and encourage them to seek independent legal advice for all matters.  We represent our client zealously, and we will not misrepresent that to the other spouse

“An attorney can be an invaluable tool during the divorce process and can obviously provide options, knowledge and interaction that a divorce kit can not”

Divorce is complex.When a husband and wife have children, there are many issues that need to be covered in a divorce decree. These issues range from rights and duties of parents and possession schedules to child support and health insurance. To add to the level of complexity, all states are different when it comes to issues surrounding children.  Most “divorce kits” found on the Internet are just general forms and are not state specific. Our Memphis Divorce Lawyers can explain the relevant statutes regarding custody, the rights assigned to parents and how child support is calculated.

Laws are subject to change. A lawyer’s duty is to stay on top of all the changes in the law and advise a client how the law will affect their case and it’s outcome.    Not all states calculate a person’s child support obligation the same way. Our Memphis Divorce lawyers will calculate a person’s child support obligation and make sure that their client does not pay above or below guideline support. 

Standard visitation may not work for you. Our Memphis Divorce lawyers can help you develop visitation schedules that will allow a person to spend the same amount of time with their children as standard visitation. An attorney can assess what issues may arise after a divorce is finalized. With this in mind, an attorney can structure a final decree that will protect a person when issues arise post divorce. Even though a divorce may begin as “uncontested,” it can quickly become litigious. Should this happen, an attorney can provide insight as to the court’s policies and procedures.

“No matter how many or few issues each divorce may have, an attorney’s role and the benefit he or she provides a person and their children should not be underestimated.”

Source of post: Dad’s Divorce Blog  copyright of Cordell & Cordell

“Gap Year” before College: What can this trend mean for divorcing parents?

Upon reading an interesting article from MSNBC.com Parenting and Family Section about universities encouraging students to take a “gap year” between graduating high school and starting college, our Memphis Divorce and Family Lawyers wanted some feed back from local parents.

Should your child have a ‘gap year’ before college?

Some students need a break after high school — and some colleges approve

Video

By Danielle Wood

updated 3:58 p.m. CT, Tues., April. 22, 2008

So what does that mean for divorcing parents in Memphis?  As everyone know, the legal obligation to pay child support ends when your child turns 18 or essentially finishes high school.  But any parent can agree, they aren’t turning their child loose at 18 either.  Co-parenting your child is a relationship that will continue well after your legal obligations have ceased.

 In addition to the suggested issues and solutions from the article, here are few more thoughts on the topic:

Have the Money Talk…make sure you, your spouse and your child understand where the money is coming from and making a budget for the year.  Your child may not fully understand the legal nature of child support, and you don’t want the embarrassing situation that can arise when they question why no longer are paying/receiving.

Get In First… don’t encourage the year off as a last ditch retaliation. Don’t all your teenager to manipulate your separation as a means to avoid growing up and taking responsibility.

Create a Plan B… if your child does not get into the college of their choice, don’t blame the other parent.  Encourage your child to work or go to community college to improve their competitiveness.  Remember that even though the legal obligation may cease, your child is still relying on you to emotionally support them.

Put it in Writing… having your child lat out their gap year plans in paper, is not part of your divorce agreement.  Be honest with your children, but don’t explain the terms of property division or support agreements that won’t mesh with your child’s planning efforts.  You’ll always be your child’s parent.

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