Tag: family law

The Ex Parte – 3 Lessons Learned from Divorce Court

In the beginning of the divorce, there were many incidents that triggered a fight or flight response in me which made me think it was an emergency.  For example, there was a temporary restraining order in place for a real emergency and a few days after (I don’t even know what to call him – Nameless) came knocking on my door and threatened to come in.  One day after church, Nameless broke into the residence by locksmith and took valuable items.  I called the police and filed an Ex Parte, because I felt violated.  Even though Nameless defied the restraining order, nothing happened for his violation.  It was an out of body experience.  All this was unfolding before my eyes and I just watched in disbelief.  Nameless attempted to break in several times after the theft by using a locksmith again, the court did nothing about it.  Nameless still had his license with the home address clearly displayed, so the locksmith had no idea that Nameless had no right to enter the home (one time I was home and opened the door on them – I was shielded by the storm door).  Both Nameless and the locksmith scampered away in embarrassment.  Nameless is really good at covering up his emotions when others are present.  I was really glad the locksmith was there to act as a witness.

In my naivety, I did not file a contempt hearing because I thought the violation was self-explanatory, there was a police report and if orders are broken I thought it was in direct rebellion against the court.  DUMB.  I did not have an attorney, so it did not matter.  In hindsight, if I had filed contempt it probably would not have mattered anyway, because I did not have an attorney.

1st Family Law Lesson: Divorce court does not operate according to what is right and wrong.  They assume everyone is lying and the court processes are leveraged to lengthen decisions as much as possible.

I did not hire an attorney, because I do not make enough money to hire an attorney.  Did I want an attorney?  Yes.  Did I interview attorneys to find one that I could afford?  Yes.  Did I find a great attorney?  Yes.  Did I hire her? No, because her retainer started at $10k upfront.  Did I eventually hire an attorney?  Yes.  Could I afford the cheap attorney that I hired? No.

2nd Family Law Lesson: Good attorneys like to win, if they cannot win they will not accept your case if they are ethical attorneys.  What is an attorney’s definition of winning?  Best asset division, best custody arrangement and deep pockets.

When I hired an attorney, there were zero Ex Parte hearings, mostly because my attorney advised against it, not because there was not a valid reason.  Luckily the attorney I did hire was somewhat ethical and he understood from reading the paperwork my position in the case.  Did I have to eventually self-represent anyway? Resounding YES!

3rd Family Law Lesson:  Once you have an attorney, you must use your attorney – NO EXCEPTIONS.  This rule makes it difficult for the average person to keep an attorney for very long, because the attorney must attend every hearing ($$$).  Plus, if you think the judge needs to hear or be alerted to something important, the attorney must file the paperwork for you (if the attorney doesn’t want to file the paperwork or has another pressing case the attorney will advise against it).

Nameless recently had his attorney file an Ex Parte.  It was not a valid Ex Parte reason; however, Nameless somehow got the ‘Granted’ checkbox checked.  I did not take my own advice from 6 Things A Divorce Attorney Won’t Tell You.  The Ex Parte is full of lessons for the one going pro se.  Remember, Lesson #1 Right & wrong do not matter in divorce court; Lesson #2 Good attorneys like to win; and, Lesson #3 Once you hire an attorney you must use your attorney.  Family law is the Wild West, do not expect anything from a broken system without checks & balances in place.

I have two children and I’m facing this Wild West court system alone.  If you read or get ideas from my original content please donate any amount on PayPal and send money to info@fyidivorce.com.

Thanks for supporting an unbiased divorce opinion blog at FYIDivorce.com

Divorce is Devastating – Attorneys with a conscience are difficult to find

When you are thrown into a divorce situation you expect people that are acquainted with the process to uphold a certain standard.  You expect judges to judge rightly. You expect lawyers to know the law, understand financial obligations and have empathy concerning custody.  Newsflash!  There is no standard.  I have read about certain judges in family law that have intervened in court when the attorney or attorneys steamroll their clients; those judges are a rare and dying breed.  The public has no idea what awaits them if divorce comes knocking on their door which is why things are the way they are.  You don’t know what you don’t know.  It’s impossible to discuss family law without talking about the people that make family law possible – the country’s representatives.  There have been only two US presidents with divorces in their past, both celebrities, Ronald Reagan and Donald Trump (no attempt to tackle family law so far).  The divorce list is quite expansive for the run of the mill politician in the senate, congress or city government.  It is surprising that family law is operating like the Wild West when so many of our supposed leaders have experienced this corrupt system, because they too are divorced.  Did they reveal the problem to the last US president, Barack Obama, who identifies with lawyers since he was one?  Lawyers are excellent politicians.  He could have done something to impact positive “change” for family law “change” was his campaign message after all, but he didn’t come near family law with a ten foot pole.  Don’t get me wrong, I have nothing against lawyers only something against a system that allows lawyers to take advantage of others.

Going through a divorce destroys the fabric of family.  Divorce is devastating to society because it causes so much turmoil in the nuclear family, extended family and other relationships.

Divorce is necessary in some cases; however, filing for divorce lately has become as easy as selecting and purchasing something online.

America is so busy with vices a sort of forgetfulness sets in when it concerns the government until presidential elections of course, that’s when everyone is fired up about their “ideal” candidate and all the sudden they are a political expert. Americans also regain consciousness about the government when terrorists decide to kill American lives…  I wonder what Abraham Lincoln would say if he looked at the United States government as it is now.  It’s too bad more politicians do not think about America’s early predecessors while they are in office.

Family law is a fairly new practice.  It developed around the time Franklin D. Roosevelt was president (it is uncertain if FDR influenced current practices in anyway).  The New Deal wasn’t the only thing that happened during his presidency, Mr. FDR also had an affair.  When ideals are lowered in any government it ricochets across the country and impacts the people within it.  These various fractures happen because government is a source of leadership for a country.  It provides governing structure.  It provides infrastructure.  It provides protection against threats. It provides its constituents a certain way of life.

Government is no different than any place in society, it is a place where mistakes are made.

The concern is when those mistakes are covered up, stamped out, ignored, avoided and life continues without a reset button or a corrective action.  Status quo is no longer an option, the health of society is at stake.

There are some people that understand the health risk of divorce on society.  These people try to change things for the common good in government; however, their efforts often get squashed by the opposition, because it destroys everyone else’s system or change is limited by state (it appears Senator Jeremy Ring from Florida understands part of the problem, but can’t get a bill to address it).  That’s why no one in family law with a conscience speaks up.  By speaking up they destroy their career, their connections and their life.  Some in family law that have a conscience will either leave family law and go with another career after they’ve witnessed too much pain or they will eventually become complacent and accept how things are by limiting their contribution to the problem or try to balance things out.  Others, the formidable others, will capitalize on people’s pain without remorse.  I hope if you must be in a divorced situation with attorneys, you come across a lawyer with a conscience, because that truly is your only hope if attorneys are involved (see also: Going Pro Se in an Attorney’s World).

I have two children and I’m facing this Wild West court system alone.  If you read or get ideas from my original content please donate any amount on PayPal and send money to info@fyidivorce.com.

Thanks for supporting an unbiased divorce opinion blog at FYIDivorce.com

Should you have a Marital Settlement Conference?  5 Reasons it’s a bomb.

The language in family law is so deceiving.  A marital settlement conference (MSC) is not a conference and it is not even a pleasant meeting.  The MSC is just as deceiving as the phrase family law itself.  It sounds friendly, but it really is one of the worst industries that developed in the 19th century and a MSC is no different.  It is not family oriented and there is no mediation involved in a MSC.  Family law’s mission statement should be something like this, “Judicial process to rip families apart physically, emotionally, mentally and financially.  Diminish all dignity of parties involved, especially if it’s a contested divorce.  If there are children, ignore them as much as possible and focus all attention on what the parents want versus what is best for the children’s upbringing, best interest of the children doctrine is only used to be politically correct.”  Family law courts truly do not care about anyone, everyone is a number.  Knowing what family law truly is, try to avoid a marital settlement conference bomb and agree to settlement outside of court, see an attorney for legal language and get it notarized.

There are valid reasons why the marital settlement conference is a bomb.  It is costly.  It is inconsequential. It is long.  It is unstructured.  It is surprisingly legal.  However, there are many things that occur in family law that are shockingly legal, so the MSC is no different.

Take note of the 5 reasons the MSC is a bomb:

#1 It is costly: If both the petitioner and respondent have legal representation it is going to be a hefty bill.  Attorney fees can cost anywhere between $150 – $450 per hour.  That’s $3,600 in one day (an MSA can take 2-4 hours) and there’s no guarantee an accurate decision will be reached.  Attorneys ARE NOT mediators, I REPEAT, attorneys ARE NOT mediators.  Very few attorneys will be conscientious with how they are spending your dollars – yes, every time you are with them they are spending your money.  Once a tentative decision has been reached during the discussion period or attorney manipulation fest, the judge will go along with whatever the attorneys say whether it is accurate or not.  Emotions are intense during this period so neither the petitioner or respondent are thinking clearly – the attorneys take advantage of the situation.  Remember that’s why attorneys are in family law to begin with, they are good at manipulation, they like competition and they have a real knack for confusion especially if it benefits them (disguised as a benefit for their client of course).

#2 It is inconsequential: No final decision is reached.  The MSC does not mean an automatic marital settlement agreement or final divorce decree.  Even the hearing itself cannot be used to finalize asset division with any organization or bank.  The MSC does put negotiations on the record; however, without a signature NOTHING is final, especially if the information is inaccurate.

#3 It is long:  The discussion period happens right before the hearing.  At the hearing, everyone goes before the judge and the attorney(s) will read what was agreed to during the discussion period.  Remember the discussion period is a session of back and forth of no real resolution so near the end both parties are pressured to decide on some aspects of the case whether the decision is in both parties’ best interest or not.  Attention fatigue occurs quickly after 18 minutes to an hour of intense discussion, so neither party is in a state of verifying all the information that is being tossed back and forth after 2-3 hours of discussion.

#4 It is unstructured: Every attorney goes about this their own way.  Each party is supposed to submit an MSA brief which outlines what is supposed to be reviewed and decided on; however, this brief is purely procedural rather than followed.  Asset division should have a template division for common assets and there should be zero confusion as to where and what should be divided in a community property state, but that is not the case.  There is in fact, no structure which allows the attorneys more leeway to do their own thing inevitably adding to the stress of the situation instead of making it better.

#5 It is surprisingly legal:  This is the biggest bomb indicator of them all.  It is legal; however it shouldn’t be legal to have a MSC without a final divorce decree attached or at least some neutral party mediating the discussion and verifying all information.  If the MSC is filled with inaccurate information, the MSC becomes useless and those inaccuracies must be addressed later which takes more time and more money.

It is uncertain how family law exists as it does.  There are many unhappy divorcées from the process; however, everyone complains, but nothing seems to be done.  Many complain about the outcome of their divorce and very few take the time to dissect why the outcome came about and even less go to their senators to get laws changed or to put laws in place.  Whatever you do, AVOID the marital settlement conference.  If you can convince your broken half to go through mediation to get EVERYTHING decided, do it.   The MSC is a costly inconsequential long unstructured process that’s unfortunately legal; stay clear of the bomb.

I have two children and I’m facing this Wild West court system alone.  If you read or get ideas from my original content please donate any amount on PayPal and send money to info@fyidivorce.com.

Thanks for supporting an unbiased divorce opinion blog at FYIDivorce.com

Family Law – The Desert for Raw Emotions

If you’re considering divorce, please reconsider. Make your spouse a priority, work on your marriage and above all avoid the Family Law desert, especially if there is no abuse in your marriage.

The best deterrent to ending your marriage is the Family Law system.  Family Law itself is the greatest punishment inflicted on married couples in their lifetime.  Of course, married couples don’t realize the doom that awaits until they decide to divorce.  The person looking for the divorce wants to immediately end whatever disruption that is in the marriage by severing the relationship with the other person; however, this feeling to separate to end the pain of the relationship does not justify the divorce, but demonstrates that person’s inability to cope, adapt, change and most of all forgive and bounce back.  In cases of abuse it is much different.  Often the one being abused doesn’t divorce, because they are controlled by their abuser or they think it is against their religion.  The brave punching bags (people that are at the mercy of their spouse’s fists or flying objects, verbally abusive words, psychological games and abuse, neglect or isolation or withholding stimulation such as conversation for extended periods of time), these people are extremely tough victims that have the courage to file for divorce.

Abusers rarely file for divorce because they like controlling their victims and divorcing defeats their sick passion for control or domination.  If they divorce there is no one left to control, belittle and put down to make themselves feel better (abusers have low self-esteem).   In some cases, the victim can convince their abuser to divorce them if their abuser is extremely concerned with public perception or the abuser is hiding something they do not want public.  The abuser will sometimes file to have perceived control over the outcome of divorce thus giving them the upper hand or saving their reputation.  Many states have adopted no-fault divorce to keep the situation surrounding the divorce quiet; however, if you’re married to an abuser they will be sure to use their abusing tactics whether or not the state is no-fault, so be forewarned, abuse does not go away in a divorce or during the separation process it just takes on a different form.  Liberal states do not care about abuse in a divorce case unless there are criminal cases attached and the abuser has a criminal record.

The Family Law system is incredibly broken.  Some states like Mississippi still do not have no-fault in their divorce proceedings; however, recently they passed a Domestic Abuse Reform bill according to The Clarion Ledger – Part of the USA Today Network.  However, even this amendment doesn’t account for numerous kinds of abuse that occur in families (neglect, emotional abuse, sexual abuse, etc.).  Additionally, what if there is ongoing abuse of the children within the relationship by one spouse?  In liberal states, the courts do not care unless it is so bad there is a criminal case and conviction.  Best interest of the child doctrine is only used loosely in liberal states and IS NOT LAW.  Because best interest of the child is not law, judges are not required to follow it.  Absurd, right?  Child Protective Services or Child Welfare Services or all the other state variations that name the agency that steps in to supposedly prevent child abuse (every state and even county have a different child abuse prevention agency), will only get involved if the situation is bad enough to remove the children from both parents.  The general consensus is, “keep the children in the home, because the foster care system makes things even worse.”

Men, if your wife is deranged and you can see your children have been neglected; however, your wife has no criminal background you will not get sole custody of the children.  Women, if your husband is abusing you and the children and there is no criminal documentation of the incidents you will not get sole custody of the children.  Men and Women who have zero abuse in your relationship, please DO NOT go to court and claim there is abuse.  One of the main reasons men and women in abusive relationships are not protected by the system, because people are notorious for lying and duping the system to one-up their spouses.  DO NOT be these people, you are hurting others indirectly and you are hurting your children if you have children.  Divorce elicits a number of jungle emotions that are unhealthy for a family which is another reason why divorce should be your last resort if there’s no abuse.

If you’re considering divorce, please reconsider.  Make your spouse a priority, work on your marriage and above all avoid the Family Law desert, especially if there is no abuse in your marriage.  If you are in an abusive relationship, get out.  There are many resources online that can help you define whether you are in an abusive relationship; Family Services is one of many.  Some abuse can be mended with counseling; however, unless the abuser truly finds God or there’s an act of God that makes the abuser change, like they get struck by lightning or have a near death experience the likelihood of change on their own will either be a trap (manipulation) or behavior modification that will only last for a season.

I have two children and I’m facing this Wild West court system alone.  If you read or get ideas from my original content please donate any amount on PayPal and send money to info@fyidivorce.com.

Thanks for supporting an unbiased divorce opinion blog at FYIDivorce.com

Hard Divorce Fact: It’s not Easy & It’s Brutal for Children

There are countless resources that falsely explain that divorce can be better for the children, because the children won’t be exposed to as much conflict or the children will be shielded from the parental relationship problems or co-parenting strategies minimize the effects of divorce for children. Yada, yada, yada. The ONLY scenario where it’s better for the children is when there is abuse; however if there is no probable cause against the perpetrator, there’s no guarantee of protection.

Relationships are not easy.  A divorce relationship with children is probably one of the most difficult relationships that exist.  Not only did the divorce happen in a public forum, family court, but the children are unknowingly catapulted into a world that’s ready to feast on their every vulnerability from the experience.  The person that files for divorce does not have this insight beforehand, because the person that files is thinking only about their own circumstances and how the divorce will be an instant solution to whatever is going on in their relationship.  There are countless resources that falsely explain that divorce can be better for the children, because the children won’t be exposed to as much conflict or the children will be shielded from the parental relationship problems or co-parenting strategies minimize the effects of divorce for children.  Yada, yada, yada. The ONLY scenario where it’s better for the children is when there is abuse; however if there is no probable cause against the perpetrator, there’s no guarantee of protection.   Any other excuse for the divorce being better for the children comes from rationalization which softens the blow of truth.

It’s a fact, relationships aren’t easy.  The people who’ve mastered relationships are good at recovery.  The people that have broken relationships struggle to master recovery. Any relationship without some level of conflict isn’t an example of a real relationship with real people.  Every person that starts a relationship has a point of reference.  Often the point of reference can get lost if you track the point of reference back to childhood.  When people experience extreme circumstances they often block it out; who wants to be reminded of bad memories?  Human brains don’t, at least not intentionally.  In some cases this blocking of memories is defined by psychologists as Dis-associative Amnesia.  These bad memories shape how you operate under stress and how you relate to others.  When you divorce with children, you are placing them into this dangerous arena.  Their brains are chemically changed during a divorce, because they are forced to experience ADULT emotions and deal with ADULT problems.  Divorce emotions are a thing to be reckoned with as ADULTS; most ADULTS can’t handle the emotions much less children.

It’s a fact, by divorcing you’re making it that much harder for your children to navigate relationships, plus facilitating a number of side effects.  Children that grew up with parents that kept things behind closed doors struggle immensely with conflict resolution as adults.  Children in a divorce struggle with the same thing!  Children learn by watching, hearing and experiencing.  Stripping your children of your relationship takes this opportunity away from them and maybe they will eventually see healthy conflict resolution if someone remarries and STAYS MARRIED; however, the statistics don’t look good for second marriages.

It’s a fact, there is NO WAY to shelter your kids from the divorce storm.  There are helpful resources like counseling, communication strategies and so on; however these are no substitute for a loving relationship between the people that your children love the most – you and your spouse.  Finding a good qualified counselor is critical.  If you don’t see results from going to counseling within the first month, find someone else.  Find a counselor that is educated in the Gottman principles of relationships. If you’re considering divorce, but haven’t taken the plunge; please consider counseling.  Take it seriously.  Act as though the counseling is the next step in a business deal, career advancement, self-actualization discovery, living life to the fullest, whatever it may be.  Be an active participant, instead of a spectator – you won’t regret it.

I have two children and I’m facing this Wild West court system alone.  If you read or get ideas from my original content please donate any amount on PayPal and send money to info@fyidivorce.com.

Thanks for supporting an unbiased divorce opinion blog at FYIDivorce.com

Uncle Sam Wants What’s His – 3 Questions to Ask Before You File Taxes in a Divorce

You must decide how you will handle taxes. Hands down, money will be saved if filing jointly.

Taxes are a chore.  I don’t think I’ve met a single person who enjoys this season, unless you are a Type A personality with extra time on your hands; you don’t look forward to taxes.  Going through a divorce is difficult enough and then on top of it the divorce is never finalized the same year unless there are zero assets and no kids under 18.  You must decide how you will handle taxes.  Hands down, money will be saved if filing jointly.  In some states, married filing separately you still must account for your estranged spouse’s income, community property and you’re still 100% responsible for taxes due.  Complicated, complicated, complicated.  It’s a chore, so you need to ask yourself, what are my options?  Disclosure, I’m not a tax expert or an accountant.

Are you the one filing the divorce and haven’t yet?

Try to avoid tax issues and time your divorce so you’re only having to deal with one year of taxes instead of two.  Dealing with taxes early in the process is such a headache.  It adds to all the stress and puts extra pressure on everyone.  One spouse must take the reins, bite the bullet and get it done.  That will be you or if you’re a bully or lazy you’ll make your spouse do it.  If you trust your spouse gave you everything you needed to file the tax return, married file jointly is the best option.

The next question to ask, is the divorce amicable or contested?

If your divorce is amicable, filing taxes as a couple is a no brainer if the divorce is not final.  Depending on what state you live in you get the full benefit of deducting the main residence, the dependents, child care, etc.  Filing as a couple is always better financially for both parties.  If your divorce is contested and the other spouse refuses to file as a couple, you have no choice, but to file separately.  When you file separately you must choose whether you’ll take the deduction or itemize.  Both of you have to select the same one.  This is extremely tricky.  Gotta love our government.  If one spouse doesn’t have income and the other is a straight up W2 employee, easy take the standard deduction.  If one spouse has a W2 and a business and the other spouse has nothing, that spouse can’t itemize effectively and still in most cases must claim the income, so it depends.  If one spouse is a W2 employee and the other is a 1099, it again depends whether there are enough deductions to equal the standard deduction; because the W2 employee will be swimming in taxes if they don’t itemize everything they need to.  There are so many combinations I can’t possibly cover them all.  Remember, going through a divorce makes everything topsy-turvy including taxes.   This could be different is some states, so be sure you do your research or talk to a CPA or tax preparer.

Final question, if you decide married filing jointly is the best option – How will you handle the return and/or taxes due?

This is a very difficult question to answer, especially if one spouse says here, you do it and the divorce is highly contested.  Try to get your spouse to agree how to handle it.  Write it down and make them sign.  If your spouse has been compliant with the money portion of your separation or divorce, then it is probably likely they will follow through with whatever you agree to.  If money has been an issue in the divorce, then filing separately is your best bet to avoid arguments and improper income reporting.

Taxes are just around the corner.  Remember to time the divorce so you don’t have to do taxes twice, decide what is better financially and understand your relationship dynamics and make a decision on how the return and/or payment of taxes will be handled.  If you need more general tax help, try researching more online Nolo.com is a good place to start.   If you have unlimited resources at your disposal filing separately with a professional is probably the very best option in a contested divorce.

I have two children and I’m facing this Wild West court system alone.  If you read or get ideas from my original content please donate any amount on PayPal and send money to info@fyidivorce.com.

Thanks for supporting an unbiased divorce opinion blog at FYIDivorce.com

6 Things a Divorce Attorney Won’t Tell You

If you can manage it, get through your divorce with as little family law industry personnel involved as possible.  Almost every person that works in the family law industry and even your friends will say, “you need an attorney!”  Newsflash, they don’t REALLY know and if they work in the industry, they have ulterior motives.  Your friends, family or co-workers only tell you, you need an attorney because it seems to make sense.  Initially you feel you are at a disadvantage if your estranged spouse has an attorney and you do not, if you’re working full-time and you have children you will probably have to get an attorney if the children are with you most the time; however, if you have a good support system and your work schedule is flexible, explore representing yourself or filing online.  If you find you must start talking with attorneys you need to be aware of these 6 topics that fly under the radar:

#1 The attorney will not tell you to go without an attorney, it conflicts with their livelihood.  An attorney knows the system and the divorce system is designed to make money. If you hire an attorney, you still use your time and energy to explain everything to your attorney.  Additionally, you must review all paperwork they prepare, because your signature is required on every form.  Whether you are the petitioner (the person who filed for the divorce) or the respondent (the person responding to the person who filed); an attorney will not grasp your position as much as you.  Every state has rules and regulations on how they do things, your divorce will follow those rules and regulations; you will not be the exception because you hired a good attorney.

#2 The attorney will not tell you they don’t care directly.  It’s unimaginable that people can become so calloused; however, they probably did not start out that way.  The system grooms people to become desensitized to your situation.  It’s only natural.  Family law people put on a caring façade to gain your trust (there are some exceptions, but few).  The more people they’ve worked with, the less caring they typically are.  There is no way they could face their work day without that hard shell, because to be good at what they do, they must manipulate the other side and manipulate you too.  Remember they are also charging you an arm and a leg at the same time whether you can afford it or not.  Married celebrities, Brad Pitt and Angelina Jolie, discovered this late in the game according to Vanity Fair and finally decided to go with a private judge which minimizes attorney and media manipulation, plus keeps things private from the public.

#3 The attorney will not tell you your story DOESN’T matter to the court.  This is huge!  If you already have an attorney you are already somewhat familiar with the preparation that is required to file the paperwork or forms with the court.  The first declaration forms go to great lengths to set the backdrop behind the reasons for the divorce.  Hours upon hours are spent by you and your attorney to arrive at a reasonably true story.  If you don’t have a caring attorney, the attorney will input drama where needed and hyperbole to make the story more compelling so the judge finds it interesting to read.  What’s worse is that these lies are never refuted at the hearing.  The story is filed as fact and then the other person can submit their own declaration (link example is from California) refuting the lies, but there is no consensus.

#4 The attorney will not tell you the judge will make an order or decline making an order as they see fit regardless of your attorney’s performance or the damages that accrued in the relationship.  The judge sees numerous cases a day, you are just a number.  If the judge had a bad morning and you show emotion, 2 strikes against whatever you think is a fair compromise.  All the while, your attorney sits there helpless and you paid them to sit there helpless.  Every hearing has an objective set by the judge or opposing council, so if the situation that is rectified before the date on the court’s calendar you cannot replace that objective with something else.  The date is removed from calendar and if there’s another topic that needs to be addressed you or your attorney must file a motion to put it back on calendar.  What does this do?  It prolongs the divorce and keeps the legal tab open.

#5 The attorney will not tell you to always show up in court or the other side will have the advantage.  This is a common-sense scenario.  From the judge’s perspective if you didn’t take the time to appear in court you automatically have less authority and skin in the game even though you sent your attorney to represent you.  If you truly don’t care, this could work for you, but if you truly do care, always appear in court.

#6 If you live in a liberal state and have children, judges & attorneys do not follow “best interests of the child” doctrine.  Shocking I know!  Family law is like the Wild West.  There are very few absolutes and all kinds of grey area.  For the court to care about the children in an abusive situation, the spouse in question MUST have a criminal record and/or the abuse must be verified by a professional 3rd party.

Think twice before seeking an attorney to file for divorce.  If you loved your spouse at least for a moment during your marriage, save yourself the stress and heartache that comes along with the attorney representation package.  The judge in every divorce case bases their decision on previous case decisions and if the judge breaks the law and favors the other side unjustly you can appeal.  If you think your spouse will get an attorney, seek advice from an attorney, but talk to many, because if you go with a calloused one you’ll be in for a long haul.

I have two children and I’m facing this Wild West court system alone.  If you read or get ideas from my original content please donate any amount on PayPal and send money to info@fyidivorce.com.

Thanks for supporting an unbiased divorce opinion blog at FYIDivorce.com

Welcome to FYI Divorce, real life divorce tips

Welcome to FYI Divorce, an unbiased resource that’s not tapping into the industry of divorce, but tapping into the heart of the matter; PEOPLE’s LIVES.

You’re reading this now, because you’re thinking about divorce, starting a divorce, going through a divorce or have already experienced the divorce process.  There are very few resources on divorce that are truly objective resources.   Almost every divorce online resource has the money strings attached, so the perspective of the article or website is skewed.  No longer, my friends!  Welcome to FYI Divorce, an unbiased resource that’s not tapping into the industry of divorce, but tapping into the heart of the matter; PEOPLE’s LIVES.  This is not a place to find legal advice.  This is a place to find the real deal; reveal what’s behind the divorce curtain for lack of a better analogy.

Hold onto your hats, because FYI Divorce will be taking you on a wild ride.  There will be insight garnered from personal experience (a perspective outside of family law), there will be interviews of divorcées, there will be interviews of industry workers and most of all there will be NO SUGARCOATING.  It’s time there is some real talk about what goes on in the courthouse and the courtroom and how the individuals’ experience can be drastically different depending on what state and county the divorce is filed.

There are many different types of divorce.  There are online divorces, uncontested divorces, contested divorces, only custody cases in non-marital situations, domestic violence divorces, irreconcilable differences divorces (which covers up the true reason for divorce), short term marriage divorces, long-term marriage divorces and the list goes on.  It’s time someone talks about the experience that unravels once you enter this tangled web of family law.  DO NOT ENTER the divorce lane without reading FYI Divorce first.

If divorce was simple, there would be no need for FYI Divorce.  Divorce is complicated.  The state government and attorneys make it even more complicated.  It’s not like you can file all the necessary paperwork with or without an attorney and go on your merry way as a singleton.  Once you go down this expensive path of family law there is no U-turn.  Do I have your attention?  Your life matters.  Family law does not consider your life.  Family law does not care about you, your family or even your kids.  Family law is there to accept your dollars, shuffle paperwork and do it all over again the next day.  There are those rare few in family law that do want to have a positive impact in the industry, but those people are extremely scarce and busy; good word travels fast.  Stay tuned for more real talk on divorce tips and family law.