As unfortunate as it may be, I will sometimes receive calls from other attorneys who represent a parent who has just passed away and the question inevitably will be “can the grandparents sue for custody now or are they too late?” The answer is generally they are too late. Therefore, it is best for grandparents to file a motion for
A subject I often encounter in my family law practice is the matter of post-divorce parental alienation. When one parent substantially interferes with or undermines the other parent’s relationship with their children, a claim of alienation can arise. Such alienation can result when a parent succeeds in manipulating a child’s emotions so as to turn him or her against, or
How much is this going to cost? It is the number one question we get asked by clients who are seeking representation for family law matters. What do you say to a spouse who is unemployed and does not have access to the marital assets? What do you say to clients who simply do not have the cash to pay
Parties to divorce face hard choices and often, emotional trauma. As divorce lawyers, we are tasked with supporting people who have been stripped of the life they once knew and are required to absorb that loss while facing monumental decisions that will have lasting impact on their children and their future; however, our traditional adversary system is often unable to
You might find yourself thinking, “What in the world is collaborative about the practice of law?” After all, ours is an adversarial system employing two hired guns in each case to present opposing views to a judge or jury for determination, right? For the vast majority of cases, that is the way things work, but for some lawyers and clients,
A particularly difficult post-divorce problem arises when one parent wishes to relocate with a child to another state. In March of this year, the Tennessee Supreme Court rendered an important decision on this subject, Aragon v. Aragon, 513 S.W.3rd 47 (March 16, 2017). In Aragon, the parenting plan order entered at the time of the divorce provided that the parents
The start of summer vacations is a perfect time to reflect on the things we can do to optimize our performance and make the practice of law more enjoyable. There are dynamics unique to the practice of family law, which make it particularly challenging. Our clients are oft en highly reactionary, anxious, distraught and lack self-awareness. Opposing counsel may not
In recent years, statistics have shown that while the overall divorce rate is falling, divorces for people over 50 are rising. The gray divorce phenomenon has many issues particular to that age group, including spousal maintenance for a homemaker spouse or when there has been significant disparity in incomes; the tracing of inherited assets; and the division and use of
Divorce is a difficult process – even under the best of conditions. The most pressing issue is to complete the separation from the former spouse. Change passwords – everywhere. Don’t leave financial, email or social media accounts open to abuse by someone who may be feeling aggrieved. The next step is to adjust the financial plans to reflect the new
With custody labels having much less significance than in the past, parenting time – previously called visitation – is the issue that parents and lawyers spend a lot of time addressing in divorce decrees. Minn. Stat. Sec. 518.175 addresses parenting time, requiring the court to grant parenting time that enables the child and parent to maintain a relationship that will
As unfortunate as it may be, I will sometimes receive calls from other attorneys who represent a parent who has just passed away and the question inevitably will be “can the grandparents sue for custody now or are they too late?” The answer is generally they are too late. Therefore, it is best for grandparents to file a motion for
A subject I often encounter in my family law practice is the matter of post-divorce parental alienation. When one parent substantially interferes with or undermines the other parent’s relationship with their children, a claim of alienation can arise. Such alienation can result when a parent succeeds in manipulating a child’s emotions so as to turn him or her against, or
How much is this going to cost? It is the number one question we get asked by clients who are seeking representation for family law matters. What do you say to a spouse who is unemployed and does not have access to the marital assets? What do you say to clients who simply do not have the cash to pay
Parties to divorce face hard choices and often, emotional trauma. As divorce lawyers, we are tasked with supporting people who have been stripped of the life they once knew and are required to absorb that loss while facing monumental decisions that will have lasting impact on their children and their future; however, our traditional adversary system is often unable to
You might find yourself thinking, “What in the world is collaborative about the practice of law?” After all, ours is an adversarial system employing two hired guns in each case to present opposing views to a judge or jury for determination, right? For the vast majority of cases, that is the way things work, but for some lawyers and clients,
A particularly difficult post-divorce problem arises when one parent wishes to relocate with a child to another state. In March of this year, the Tennessee Supreme Court rendered an important decision on this subject, Aragon v. Aragon, 513 S.W.3rd 47 (March 16, 2017). In Aragon, the parenting plan order entered at the time of the divorce provided that the parents
The start of summer vacations is a perfect time to reflect on the things we can do to optimize our performance and make the practice of law more enjoyable. There are dynamics unique to the practice of family law, which make it particularly challenging. Our clients are oft en highly reactionary, anxious, distraught and lack self-awareness. Opposing counsel may not
In recent years, statistics have shown that while the overall divorce rate is falling, divorces for people over 50 are rising. The gray divorce phenomenon has many issues particular to that age group, including spousal maintenance for a homemaker spouse or when there has been significant disparity in incomes; the tracing of inherited assets; and the division and use of
Divorce is a difficult process – even under the best of conditions. The most pressing issue is to complete the separation from the former spouse. Change passwords – everywhere. Don’t leave financial, email or social media accounts open to abuse by someone who may be feeling aggrieved. The next step is to adjust the financial plans to reflect the new
With custody labels having much less significance than in the past, parenting time – previously called visitation – is the issue that parents and lawyers spend a lot of time addressing in divorce decrees. Minn. Stat. Sec. 518.175 addresses parenting time, requiring the court to grant parenting time that enables the child and parent to maintain a relationship that will
