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Facebook, MySpace, and other Online Social Networking and Your Memphis Divorce

March 17, 2008 By 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

Filed Under: Contested Divorce, Family Law, Memphis Divorce Blog

A Win-Win Strategy for Memphis Parents

February 19, 2008 By 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!

Filed Under: Contested Divorce, Memphis Divorce Blog

Alimony in Memphis Divorce Cases

February 5, 2008 By 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.

Filed Under: Alimony, Contested Divorce, Memphis Divorce Blog Tagged With: ,
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