Once most non-family law attorneys find out my specialty, they say “I would never do what you do!” Given that they’re on the outside looking in, it is easy to understand why so many lawyers feel that way. For those of us who have found our calling in helping people achieve sufficiently successful outcomes to thrive after the end of
As you may recall from your constitutional law class in law school, the history of grandparent visitation rights is convoluted and deeply seeded in what is “perhaps the oldest of the fundamental liberty interests … the interest of parents in the care, custody and control of their children.” Troxel v. Granville, 530 U.S. 57 (2000). Due to the seminal holding
Old photographs, family antiques and the autographed basketball. Sentimental value plays our heartstrings, but does it help clients get their special items at divorce? The short answer is generally no. North Carolina’s equitable distribution rules don’t address sentimentality. So what’s a practitioner to do when a client really wants a particular item? You can start by learning how the client
Historically, antenuptial agreements have been seen as the antithesis of romance. What could be less romantic than planning for an ending that could be less than happily ever after? However, with a divorce rate at nearly 50 percent for first marriages and 60 percent for second marriages, many people are reconsidering the use of antenuptial agreements as a way to
Once in a blue moon, the Texas Supreme Court issues an opinion that addresses an issue that is purely family law related. By that standard, there was a blue moon June 24, 2016. That is the day the Supreme Court issued the opinion in Ochsner v. Ochsner. This opinion potentially impacts tens, if not hundreds, of thousands of people paying
During the very difficult process of divorce, coaching from a qualified professional can provide support and problem solving assistance to successfully augment legal representation. Attorneys practicing matrimonial law often complain that they spend a lot of time “handholding” their clients, which can distract the attorney from the primary functions of investigating and valuing assets and income, and preparing the financial
Representing a high-level executive in his or her divorce presents unique and recurring challenges to a family law practitioner. While every client’s divorce has its own particular circumstances, representing high net worth senior level executives have certain commonalities among them regardless of their profession and industry. These include the absence of time to devote to divorce-related tasks and difficulties accepting
Attorneys who practice family law are often forced to deal with the challenging mental health issues of their clients and opposing parties. Some mental health issues can be addressed by referring a client to a psychologist for talk therapy or a psychiatrist for medication. Others, such as personality disorders, are much more difficult to address. Often, a client will refuse
Under Minnesota Statute 518.552, there are eight factors to be considered when determining spousal maintenance. Of these eight factors, defining the standard of living the parties established during the marriage is one of the more challenging ones. It is worth the effort and diligence to accurately assess and quantify the standard of living by means of a lifestyle budget to
Most family law attorneys would agree that of all the major disagreements that take place both during a divorce proceeding and post-divorce, issues that involve parenting minor children are most common. When parents share joint legal custody and parenting time, as most parents do, temporary changes to the parenting time schedule, vacation scheduling, participation in extracurricular activities, medical treatment, religious
Once most non-family law attorneys find out my specialty, they say “I would never do what you do!” Given that they’re on the outside looking in, it is easy to understand why so many lawyers feel that way. For those of us who have found our calling in helping people achieve sufficiently successful outcomes to thrive after the end of
As you may recall from your constitutional law class in law school, the history of grandparent visitation rights is convoluted and deeply seeded in what is “perhaps the oldest of the fundamental liberty interests … the interest of parents in the care, custody and control of their children.” Troxel v. Granville, 530 U.S. 57 (2000). Due to the seminal holding
Old photographs, family antiques and the autographed basketball. Sentimental value plays our heartstrings, but does it help clients get their special items at divorce? The short answer is generally no. North Carolina’s equitable distribution rules don’t address sentimentality. So what’s a practitioner to do when a client really wants a particular item? You can start by learning how the client
Historically, antenuptial agreements have been seen as the antithesis of romance. What could be less romantic than planning for an ending that could be less than happily ever after? However, with a divorce rate at nearly 50 percent for first marriages and 60 percent for second marriages, many people are reconsidering the use of antenuptial agreements as a way to
Once in a blue moon, the Texas Supreme Court issues an opinion that addresses an issue that is purely family law related. By that standard, there was a blue moon June 24, 2016. That is the day the Supreme Court issued the opinion in Ochsner v. Ochsner. This opinion potentially impacts tens, if not hundreds, of thousands of people paying
During the very difficult process of divorce, coaching from a qualified professional can provide support and problem solving assistance to successfully augment legal representation. Attorneys practicing matrimonial law often complain that they spend a lot of time “handholding” their clients, which can distract the attorney from the primary functions of investigating and valuing assets and income, and preparing the financial
Representing a high-level executive in his or her divorce presents unique and recurring challenges to a family law practitioner. While every client’s divorce has its own particular circumstances, representing high net worth senior level executives have certain commonalities among them regardless of their profession and industry. These include the absence of time to devote to divorce-related tasks and difficulties accepting
Attorneys who practice family law are often forced to deal with the challenging mental health issues of their clients and opposing parties. Some mental health issues can be addressed by referring a client to a psychologist for talk therapy or a psychiatrist for medication. Others, such as personality disorders, are much more difficult to address. Often, a client will refuse
Under Minnesota Statute 518.552, there are eight factors to be considered when determining spousal maintenance. Of these eight factors, defining the standard of living the parties established during the marriage is one of the more challenging ones. It is worth the effort and diligence to accurately assess and quantify the standard of living by means of a lifestyle budget to
Most family law attorneys would agree that of all the major disagreements that take place both during a divorce proceeding and post-divorce, issues that involve parenting minor children are most common. When parents share joint legal custody and parenting time, as most parents do, temporary changes to the parenting time schedule, vacation scheduling, participation in extracurricular activities, medical treatment, religious
