Collaborative Divorce: “It’s all the rage”
May 2, 2008 | 2 Comments
“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.
Memphis Divorce: How soon do I need a Lawyer?
April 8, 2008 | Leave a Comment
As Memphis divorce and family lawyers, the Ferrell Law Firm get as many calls from people who have been served “divorce papers” as those contemplating divorce. Often, the call comes in a few weeks after service of process and after veiled threats from the other spouse that you have “only 30 days to sign or else”. This can leave the lawyer with a frantic client and frightened client.
It is very important that you contact one of the Ferrell Law Firm’s Memphis divorce lawyer as soon as you have been served “divorce papers.” A Divorce Complaint or Petition for Divorce must be formally answered by filing an Answer and/or Counter-Complaint within 30 days of Service of Process. If no Answer is filed, then the filing spouse is entitled to file for Default which will then allow their lawyer to set the Final Divorce Hearing after another 30 days.
Now after all those legal words and requirements, how quickly you really need a lawyer comes down to what kind of divorce you really have going on.
A True Uncontested Divorce… If you and your spouse have contemplated and decided on divorce, and if you agree to negotiate and settle all terms of the Marital Dissolution Agreement and Permanent Parenting Plan, if applicable and any other issues of Support or Property Division. Both spouses then seek independent legal advice and if necessary legal representation before the divorce is filed.
A Potentially Uncontested Divorce or in other words a Potentially Contested Divorce… If you and your spouse have contemplated divorce, but your spouse has already sought legal advice and legal representation and has served you with “divorce papers” and you may or may not be able to agreement on a settlement agreement. You must seek legal advice and legal representation within 30 days of being served in order to preserve your legal rights if the matter becomes a Contested Divorce. Once you have retained one of our Memphis divorce lawyers to represent you, we would file all necessary responses and contact the opposing lawyer about pursuing this as an Uncontested Divorce and negotiating a Marital Dissolution Agreement. If you cannot resolve your issues and agree to a settlement agreement, then the next step is to utilize Mediation to settle all contested matters.
A True Contested Divorce… If you and your spouse have never discussed or agreed on divorce, your spouse has filed for divorce and you are unable to agree to any settlement agreement. You must seek independent legal advice and legal representation immediately to preserve your rights and prepare for the long, expensive process of divorce litigation.
In short, it is in your best interests to retain a lawyer as soon as you have been served “divorce papers” in order to preserve and represent your rights.
Facebook, MySpace, and other Online Social Networking and Your Memphis Divorce
March 17, 2008 | Leave a Comment
With the growing popularity of social networks like MySpace and Facebook, you should be aware of that this is next step up from using Internet search history, online chat logs and email when supporting grounds for divorce.
“It is probable that electronic evidence will not lead to a huge rise in divorce figures but it may certainly make a lawyer’s job easier as people are a lot less careful about what they write in emails than what they write down on paper.”
Consider this case from the UK:
In a recent case involving social networking sites a man, from Newport Pagnell, near Milton Keynes, who had been ordered by magistrates not to contact his estranged wife was jailed for 10 days when he joined Facebook and an automatic “friend request” was sent to everyone on his email contact list, including his ex-wife.”
The Internet is a public resource, and the Ferrell Law Firm stresses to all it’s clients to practice safe and responsible internet usage. Privacy settings and limited purpose usage of social netowkring will protect your identity and integrity through any important transition in life.
We suggest you read the privacy policy of any social networking site to understand your public exposure.
Here is an article from Mint.edu on How To Protect Your Privacy while social networking. Also use this information as guide for protecting your children and guiding their usage.
Source of post: Florida Divorce Law Blog post discussing UK: The Citizen posting
A Win-Win Strategy for Memphis Parents
February 19, 2008 | Leave a Comment
Many times, at the start of a divorce, parents see custody of the children as an either-or situation: one parent has custody and the other is relegated to a visitation/possession schedule. ~ Divorce and Family Law in Tarrant County, TX
In Tennessee, co-parenting and decision making allows parents to avoid trying to win a “custody battle” and concentrate on planning for their children. Instead of devoting energy to the win-lose mindset and proving that the other parent is “unfit,” co-parenting and decision making, co-parenting and decision making keeps that energy on parenting. Don’t think about strategic moves and get rid of any ulterior purposes, such as getting property or paying less child support. You have the right to parent your children and your children have the right to support and care from both their parents. You and your spouse must think about the financial and relationship hardships that will arise if you refuse to work together to care for your children.
A Win-Win Strategy for co-parenting and decision making may require more maturity than some parents can muster, but, for those able to shift gears, think rationally and be patient, the following approach can be rewarding for them and their children.
1. Think about, discuss and decide what your ultimate goals are for the kids. What outcomes would you like to see? Many people would want some of the following (or similar) goals:
The kids having a great relationship with both parents
The kids having a great relationship with their extended families
Financial security for the children
Having a safe, secure home for the children
Having good schools for the kids
Providing for a college education for the children
Providing sports opportunities for the children
The opportunity for the kids to learn music, art or other interests
Each parent can decide what he or she thinks would be important goals for their children. Broader, underlying goals are more helpful and meaningful. If both parents think of goals in broad terms, they often can agree on them.
2. Look at the big picture. What are the resources to work with:
Financial abilities of the parents
Parental/family member time available
What homes and schools are available and affordable
What the parents’ neighborhoods are like
The existing relationships between parents and children and the roles each parent plays with the children
What community resources are available
What special needs, if any, a child has
What interests the child has
3. Brainstorm options. Think up as many different solutions as you can. Sometimes it is helpful to get help from a parenting expert. Spend some time and try to be non-traditional or unconventional. Don’t limit yourself to ‘standard’ solutions. Open up your thoughts to come up with some crazy ideas because they might just turn into good ideas.
4. Evaluate your options. See if they can help achieve your identified goals. Criticizing and testing your options can lead to the discovery of other ideas and can help you narrow down the choices until you are left with an idea or ideas that work.
Implementation: This process can helpful if just you do it, but it is really better if you can do it with the other parent. If you work on this alone, you can create a better plan to present in court or in mediation. If both parents work together through this process, there’s an excellent chance they will reach an agreement that will be satisfactory to both parents and to the children.
Please give this a try and let me know how it works for you!
Alimony in Memphis Divorce Cases
February 5, 2008 | Leave a Comment
Many of our contested Memphis Divorce clients have questions concerning alimony. What is alimony? How do I get alimony? Will I have to pay my spouse alimony? And for how long? Before answering any of those questions it’s important for you to understand what exactly is alimony, and what types of alimony there are in Memphis divorce cases.
Alimony is defined as financial support of a former spouse. You generally can have two types of alimony in a Memphis Divorce case, either permanent alimony or rehabilitative alimony. At the Ferrell Law Firm, in Memphis, Tennessee, we represent men and women who are dealing with spousal support issues. We recognize and understand that alimony is a sensitive issue in many Memphis divorces. Because of this we are committed to giving you straight-forward advice on Memphis divorce alimony matters, even if you may not like what we have to say.
Basically, alimony or spousal maintenance is paid by one spouse to help maintain the standard of living their former spouse had during the marriage. However, there are several different forms of alimony:
- Alimony in futuro - This is the type of alimony most people in Memphis think of when they hear the word ”alimony.” This is permanent alimony paid to your former spouse until they die or remarry. While this type of support used to be more common it is not seen as often with couples who have been married a relatively short amount of time.
- Rehabilitative alimony - A dependent spouse may be awarded rehabilitative alimony until they are able to get back into the work force and become sufficient on their own. This type of alimony is often awarded to people who left careers to help raise families. Once the dependent spouse reenters the work force and become self-sufficient again this rehabilitative alimony usually goes away.
- Transitional alimony - This is a type of temporary alimony paid to one spouse for a certain specified period of time while they transition from being married to being single. This is generally a short term alimony.
- Alimony in solido - In some Memphis contested divorce cases, alimony payments may be ordered to adjust for an imbalance in the division of marital property. This form of alimony is more commonly referred to as lump sum alimony. In this type of alimony their is only a one time payment.
Alimony laws in Memphis, Tennessee take a number of factors into consideration when ordering alimony as part of a divorce settlement. However, Memphis divorce courts usually favor temporary and rehabilitative alimony over permanent alimony. We can work with you to understand your situation and help establish a spousal support arrangement that is in your current and long-term interests.
Contact our Memphis, Tennessee, Divorce Attorneys if you are considering divorce and have questions about alimony or spousal support. We can be reached by phone at (901) 754.1340 or on our Contact page.
