Should You Represent Yourself in Your Memphis Divorce?
May 30, 2008 | 1 Comment
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
May 30, 2008 | Leave a Comment
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.
When Can Your Child Decide Which Parent He/She Wants to Live With?
January 23, 2008 | Leave a Comment
One of our most frequently asked questions regarding a divorce here in Memphis or in Mississippi is “When can my child decide who they want to live with after my divorce.”
The answer is 18 (the age of majority). Until a child becomes an adult they may not decide on their own which parent to live with after divorce.
However, under both Tennessee child custody laws and Mississipi child custody laws, if a child is 12 or older the judge may hear testimony from the child (either in court or in chambers) as to the preference of the child. However the judge is not under any obligation to place the child in their preferred home. The preference of the child is merely one factor that the judge will consider in awarding custody to the primary residential parent.
The main consideration that the judge uses to determine custody is the best interest of the child. The preference of the child is only one consideration in determining what is in the best interest of the child. However, if all other considerations are equal then the preference of the child will often times be the tipping point.
Memphis Divorce - The Tennesse
January 23, 2008 | 1 Comment
Memphis Divorce Lawyers - The Tennessee Parenting Plan
When a divorcing couple in Tennessee have children they must submit a parenting plan. The parenting plan is a formal document that the couple creates stating all the agreements concerning custody, visitation, and decision making.
Here are some of the more common items that are found in a Tennessee Parenting Plan.
- Residential Schedule
When going through your Memphis divorce with children one of the most important parts of your Tennessee Parenting Plan will be the residential schedule. The residential schedule details who the children will live with during the school year, vacations, holidays and special occasions. It also states if there are any limitations when visiting with a parent. The Tennessee Parenting Plan can award holidays, for example Halloween, to the father every even year and to the mother every odd year. But the parents can agree that there may be some holidays that will be given to one parent every year. Usually a plan will define what time a holiday begins and what time it ends. It is important to have a detailed plan to prevent problems with interpretation later.
- Decision Making
The next step in a plan is to assign decision making between the parents. Major decisions such as which school to attend or what religion the child will be raised as can be assigned to one parent or jointly. However, day-to-day decision making is generally given to the parent that the child is residing with at the time the decision needs to be made. If certain decisions are particularly important to a parent, this is the time to make that known and reach an agreement.
- Child Support
Of particular concern to most parents is child support. This area of the Tennessee Parenting Plan states which parent will pay child support and in what amount. In Memphis Child support is calculated using state guidelines which are based on the income shares model. This section of the parenting plan will also explain which parent is responsible for maintaining health insurance on the child. And if a parent is required to have life insurance during the child’s minority, it will also be listed here.
- Dispute Resolution
A provision discussing dispute resolution is generally included in a parenting plan. Many plans provide for disputes between the parties to go through a mediator before going back to court. This provision should also state who is responsible for costs of mediation or arbitration.
This is not a complete list of all the concerns that are covered in the Tennessee Parenting Plan, but rather a list of the most commonly found sections. If you have detailed questions concerning your Memphis divorce and Tennessee Parenting Plan please contact a competent Memphis Family Attorney or Memphis Divorce Attorney, or you may call the office of the Ferrell Law Firm at 901-754-1340.
