" I never wanted to get divorced. I had
moments of clarity, but I shut them down. I mean, I remember one time
telling my coworker who got a bouquet of flowers that that was so
wonderful. She asked if I had gotten anything and I said no, but that my
husband was so wonderful, every day. I didn’t mind . . . ."
Article here (from fatherly.com)
Showing posts with label choosing divorce attorney. Show all posts
Showing posts with label choosing divorce attorney. Show all posts
Friday, November 2, 2018
Monday, June 2, 2014
What is "Friend of the Court?" What role will it play in my Family Law case?
This article is designed to inform a newcomer to Michigan courts on the role of the Friend of the Court (FOC) in Michigan family law cases. This article is intended to give general background information, and does not substitute for individual legal advice for your particular situation.
Q: What is "Friend of the Court?"
A: Friend of the Court is essentially an arm of Michigan Circuit Courts. It is able to do what the court would do, but it (whatever the task is) is instead delegated to Friend of the Court.
FOC is involved in child support, spousal support, child custody, and parenting time. It also enforces orders on spousal support, and child support.
Q: How will Friend of the Court become involved in my case?
A: At any time during a family law case, Friend of the Court can become involved, either through a request of the parents, or at the request of the court.
If a parent begins a family law case (like custody, divorce, etc.), typically a copy of their pleadings is also sent to Friend of the Court, unless the parents decide to "opt out" of the Friend of the Court services (more on this later).
But if a parent has overlooked this, or if a court chooses, it can "send" or refer the parents to Friend of the Court for its services.
Q: What are the services of Friend of the Court?
A: FOC can be used to review or modify a support case, mediate parenting time decisions between parents, make written recommendations regarding custody or parenting time, enforce an order of support against a payor of support, and so on.
Q: How does enforcement happen?
A: Enforcement happens when a parent with an obligation to pay becomes behind on payments. At that point, the FOC can send out a notice to the paying parent for a Show Cause Hearing. This notice will tell the paying parent that they are to appear at a specified date and time, and must "show cause" to an FOC case manager - and possibly in front of a judge -- why he or she hasn't been able to pay, and what plans he or she is making to correct that.
At the show cause hearing, the person with the support obligation may face contempt charges (in other words, that person will go to jail) for not having paid support. So be prepared to pay, or to have a good reason (this is the "cause" they are talking about!) if you want to stay out of jail.
Q: What types of enforcement is available to FOC?
A: What isn't available to FOC as a means to enforce support, is a more appropriate way to phrase the question. FOC is able to attach a lien onto houses, tax refunds (aka "intercept" of tax refunds),suspension of driver's or recreation licenses, credit bureau reporting, contempt (show cause, see above), are all part of the enforcement capability of the FOC.
Q: What does "opting out" of FOC services do to my case? Would that be a good idea or not?
A: Opting out means that the parties choose to enforce any support obligation privately, and that FOC will not become involved. Whether it is a good idea depends on the individual circumstances in your case (and this article is not intended to substitute for individual legal advice).
Opting out does not mean that there will be no support obligation at all. A case that involves minor children will require that a support obligation will be issued to one of the parties. (a follow-up article on how child support calculations work is coming soon).
Q: How does one opt out of FOC Services?
A: Parties to a family law case can opt out of FOC services, if they file a motion to do so. They also must complete an "Advice of Rights" form, to show that they are aware of the services, and that they elect not to choose those services. Some counties will require both parties to attend a "conciliation conference" with FOC, which will make sure that the parents do not qualify for public assistance, before the parties can opt out of FOC services.
Q: My income level has changed. Does this affect what I owe (or what the other side owes me)? What should I do?
A: The parties who are involved in an FOC case are solely responsible for reporting changes to the FOC about their income (gain or loss) to the FOC. And they should do so as soon as possible. Because of the way support is calculated, the amount of support (paid or received) will change determined on income of the parties, amount of parenting time overnights, and other factors (see related article).
It's best to report an income change as soon as possible to FOC, to make sure (if you're the paying party) that you don't start accruing arrears.
Q: I have more questions about FOC that aren't answered here, what should I do?
A: More information can be found at the Michigan FOC website. Also, feel free to contact me, or leave a question on this blog.
Q: What is "Friend of the Court?"
A: Friend of the Court is essentially an arm of Michigan Circuit Courts. It is able to do what the court would do, but it (whatever the task is) is instead delegated to Friend of the Court.
FOC is involved in child support, spousal support, child custody, and parenting time. It also enforces orders on spousal support, and child support.
Q: How will Friend of the Court become involved in my case?
A: At any time during a family law case, Friend of the Court can become involved, either through a request of the parents, or at the request of the court.
If a parent begins a family law case (like custody, divorce, etc.), typically a copy of their pleadings is also sent to Friend of the Court, unless the parents decide to "opt out" of the Friend of the Court services (more on this later).
But if a parent has overlooked this, or if a court chooses, it can "send" or refer the parents to Friend of the Court for its services.
Q: What are the services of Friend of the Court?
A: FOC can be used to review or modify a support case, mediate parenting time decisions between parents, make written recommendations regarding custody or parenting time, enforce an order of support against a payor of support, and so on.
Q: How does enforcement happen?
A: Enforcement happens when a parent with an obligation to pay becomes behind on payments. At that point, the FOC can send out a notice to the paying parent for a Show Cause Hearing. This notice will tell the paying parent that they are to appear at a specified date and time, and must "show cause" to an FOC case manager - and possibly in front of a judge -- why he or she hasn't been able to pay, and what plans he or she is making to correct that.
At the show cause hearing, the person with the support obligation may face contempt charges (in other words, that person will go to jail) for not having paid support. So be prepared to pay, or to have a good reason (this is the "cause" they are talking about!) if you want to stay out of jail.
Q: What types of enforcement is available to FOC?
A: What isn't available to FOC as a means to enforce support, is a more appropriate way to phrase the question. FOC is able to attach a lien onto houses, tax refunds (aka "intercept" of tax refunds),suspension of driver's or recreation licenses, credit bureau reporting, contempt (show cause, see above), are all part of the enforcement capability of the FOC.
Q: What does "opting out" of FOC services do to my case? Would that be a good idea or not?
A: Opting out means that the parties choose to enforce any support obligation privately, and that FOC will not become involved. Whether it is a good idea depends on the individual circumstances in your case (and this article is not intended to substitute for individual legal advice).
Opting out does not mean that there will be no support obligation at all. A case that involves minor children will require that a support obligation will be issued to one of the parties. (a follow-up article on how child support calculations work is coming soon).
Q: How does one opt out of FOC Services?
A: Parties to a family law case can opt out of FOC services, if they file a motion to do so. They also must complete an "Advice of Rights" form, to show that they are aware of the services, and that they elect not to choose those services. Some counties will require both parties to attend a "conciliation conference" with FOC, which will make sure that the parents do not qualify for public assistance, before the parties can opt out of FOC services.
Q: My income level has changed. Does this affect what I owe (or what the other side owes me)? What should I do?
A: The parties who are involved in an FOC case are solely responsible for reporting changes to the FOC about their income (gain or loss) to the FOC. And they should do so as soon as possible. Because of the way support is calculated, the amount of support (paid or received) will change determined on income of the parties, amount of parenting time overnights, and other factors (see related article).
It's best to report an income change as soon as possible to FOC, to make sure (if you're the paying party) that you don't start accruing arrears.
Q: I have more questions about FOC that aren't answered here, what should I do?
A: More information can be found at the Michigan FOC website. Also, feel free to contact me, or leave a question on this blog.
Tuesday, April 15, 2014
Choosing a family law attorney, Part Three
Part Three
Welcome back. In Part One, ways to search for your family law attorney were covered. Part Two addressed phone contact with your potential attorney. Part Three will cover what to expect in the in-person consultation.Frequently asked questions:
1. Should I bring anyone with me? What about things I should bring with me?A: It depends. Some attorneys would prefer if you attend the appointment alone. There are reasons for this: for example, you will feel less embarrassed discussing personal details. And, any conversation with your attorney is privileged, but once a third party joins that conversation, where's the client's confidentiality?
However, if you feel you need moral support to go into the consultation, or that you are likely to forget things the attorney talked about, bringing another person might be a good idea.
As far as things to bring: any thing that has been filed with the court so far, if anything. And anything your attorney requests you to bring (tax statements, for example).
2. What kinds of questions should I ask?
Feel free to ask anything you would like of your attorney about your situation. If your attorney brushes past your questions, ask yourself if you feel that your concerns will be treated with the importance they deserve or not. After all, the consultation is a decision for both you and the attorney- to decide whether you will continue this relationship. If it feels as if your attorney is trying to offer you a "one-size-fits-all" case, don't continue after the consultation.
3.What kinds of topics will we cover? Why is this so personal?
Anything that affected your married life, and more, will be covered. The reason is because the court will have to make decisions on some of them as your case progresses
For example:
Topic: Reason:
When were your children born? Eligibility for Child Support
How much is your house worth? If it is considered marital property, it will be divided
Where do you and your spouse work Which spouse might be ordered to pay support
and how much do you earn?
4. What happens next?
That depends on your situation. If you're just starting a divorce, initial filing with the county court where you live will be next. If you're already somewhere past the initial filing, a motion might be next to decide some of the open issues in your case.This is where the rubber hits the road, and your attorney gives you legal advice about your options in your current situation.
Lastly,
There are a lot of online resources about family law in various states. Some of them will not apply to your situation, so as with so many things you read online, take them with a grain of salt. If you still have questions about your situation, call your attorney again to ask.
Tuesday, April 1, 2014
Choosing a family law attorney, Part Two
In Part One, we discussed ways of getting information on attorneys. Part Two will talk about the initial phone contact with the potential lawyer's offices.
Frequently asked questions:
1. Who answers the phone and how do they answer it?
A: Many attorneys do not answer their own phones. His or her schedule won't permit it perhaps, or the attorney prefers to have a gate keeper between himself or herself and the general public. Either way, you are a potential paying client, so you should feel welcomed, and not that you're an intrusion on otherwise valuable time. It's possible that you will have to leave a voice mail. If so, make sure you state whether the attorney can call you back, or not.
2. What kinds of questions should I ask? What kinds of questions should I be ready to answer?
A: Be prepared with a list of questions about your specific situation. For example, "I am thinking about filing for divorce, and I have three minor children." Or: "My ex-girlfriend left the state with our child, can I start a custody hearing?" Be specific, as the attorney can only answer what they are aware of. Don't be afraid to ask about costs.
If you have a specific date coming up, make sure you mention that, or it may not be addressed. For example, "I just left a custody hearing this morning, and the judge said to come back for an evidentiary hearing . . . "
Remember, attorneys are smart, not psychic! And it's entirely possible that some of your questions will need more time before they can be answered. This is why there is no "one-size-fits-all" divorces.
On the other hand, try to answer any questions that are asked. My office has a list of questions used for when a potential new client calls, so that I am aware of what next steps need to be taken for that case. We will always ask where you live, how long you've been married, and the ages of the children.
3. Scheduling the initial appointment and other matters.
It's possible that you'll be scheduled for either a phone consultation, or an in-office consultation. I prefer in-office consultations. I feel that it's easier, less rushed than a phone call, and allows the potential client (and attorney) feel more at ease with one another.
Please consider where your attorney is located, your own location, and the courthouse you'll be using. If you plan on making your attorney drive long distances, that's fine, but that might impact your cost overall.
4. The appointment is scheduled, now what?
It's possible the attorney will mail you information to fill out, or have you fill it out in the consultation. This information will help them start your case, and give you some legal answers. Either way, keep your appointment, or call to reschedule it if necessary.
Set aside enough time to drive to the appointment, depending on the time of day.
Bring any necessary documents with you, for example, anything you've received from the court, or that you feel will help the attorney to serve you better.
5. How much should I expect to pay?
A: This is a difficult question to answer. Attorneys have rules of professional ethics to guide them in setting fees. (MRPC 1.5) That said, a basic retainer could range from $850 to $5000, depending on the complexity of the legal issues involved, the experience of the attorney, and the novelty of the legal issues involved (more complex or unique issues can take longer to be addressed). And, the retainer may or may not cover your entire cost of the case, depending on how long it takes, and the nature of the parties involved (who will argue more over issues, you or your soon-to-be-ex?) Also, additional experts may be needed, from child psychologists to business valuation experts, depending on your situation.
Coming Next: Part Three: What to Expect in the Initial Consultation.
Frequently asked questions:
1. Who answers the phone and how do they answer it?
A: Many attorneys do not answer their own phones. His or her schedule won't permit it perhaps, or the attorney prefers to have a gate keeper between himself or herself and the general public. Either way, you are a potential paying client, so you should feel welcomed, and not that you're an intrusion on otherwise valuable time. It's possible that you will have to leave a voice mail. If so, make sure you state whether the attorney can call you back, or not.
2. What kinds of questions should I ask? What kinds of questions should I be ready to answer?
A: Be prepared with a list of questions about your specific situation. For example, "I am thinking about filing for divorce, and I have three minor children." Or: "My ex-girlfriend left the state with our child, can I start a custody hearing?" Be specific, as the attorney can only answer what they are aware of. Don't be afraid to ask about costs.
If you have a specific date coming up, make sure you mention that, or it may not be addressed. For example, "I just left a custody hearing this morning, and the judge said to come back for an evidentiary hearing . . . "
Remember, attorneys are smart, not psychic! And it's entirely possible that some of your questions will need more time before they can be answered. This is why there is no "one-size-fits-all" divorces.
On the other hand, try to answer any questions that are asked. My office has a list of questions used for when a potential new client calls, so that I am aware of what next steps need to be taken for that case. We will always ask where you live, how long you've been married, and the ages of the children.
3. Scheduling the initial appointment and other matters.
It's possible that you'll be scheduled for either a phone consultation, or an in-office consultation. I prefer in-office consultations. I feel that it's easier, less rushed than a phone call, and allows the potential client (and attorney) feel more at ease with one another.
Please consider where your attorney is located, your own location, and the courthouse you'll be using. If you plan on making your attorney drive long distances, that's fine, but that might impact your cost overall.
4. The appointment is scheduled, now what?
It's possible the attorney will mail you information to fill out, or have you fill it out in the consultation. This information will help them start your case, and give you some legal answers. Either way, keep your appointment, or call to reschedule it if necessary.
Set aside enough time to drive to the appointment, depending on the time of day.
Bring any necessary documents with you, for example, anything you've received from the court, or that you feel will help the attorney to serve you better.
5. How much should I expect to pay?
A: This is a difficult question to answer. Attorneys have rules of professional ethics to guide them in setting fees. (MRPC 1.5) That said, a basic retainer could range from $850 to $5000, depending on the complexity of the legal issues involved, the experience of the attorney, and the novelty of the legal issues involved (more complex or unique issues can take longer to be addressed). And, the retainer may or may not cover your entire cost of the case, depending on how long it takes, and the nature of the parties involved (who will argue more over issues, you or your soon-to-be-ex?) Also, additional experts may be needed, from child psychologists to business valuation experts, depending on your situation.
Coming Next: Part Three: What to Expect in the Initial Consultation.
Monday, March 31, 2014
How to choose a family law attorney, Part One
In Part One, we will help you work through the process of deciding who to call to start your divorce or custody case (or to represent you if your spouse has already filed for divorce).
Frequently asked questions:
1. Can't I represent myself in this?
A: Yes, you can. But that doesn't mean you should. Going into court and representing yourself is like do-it-yourself surgery performed by an amateur. When it comes to family law, you have a lot of things at stake: ownership of your home, custody of your child(ren), how your personal property might be divided, when and how often you can spend time with your child(ren), are only a few issues that a family law judge will decide for you. It's best to have an attorney, who can present the best side of your case to the judge, and help you get the best result possible.
Read this article for more information on issues that will be part of your family law case, or go to my website.
2. Aren't attorneys expensive?
A: It depends on what you think of as "expensive." Again, this is the most important area of your life, where the most intimate personal decisions in your life have been made. It makes sense to protect these interests, and not doing so may cost you more in the long run. Many attorneys will let you arrange a payment plan, as well.
3. How do I decide who to call?
A: There are many ways to go about this. The internet is the most popular search tool currently. But that doesn't mean you should just pick one of the first-listed attorneys when you type in your search terms.
Fact: Advertisers pay to be listed on Google. This is true for all areas that can be searched on Google, including legal services. The higher-cost advertisers will land on the first page, at the more popular times of the day. It's like having a billboard in rush hour traffic on a busy highway. The lower-cost ads show up less often, and at less popular times of the day. This is like having a billboard in a urban neighborhood.
I recommend good old word of mouth advertising over internet advertising. It's better to get a recommendation from someone who's used that service before you, whether it's a mechanic, or an attorney.
4. Ok, I talked to three or four people and got a short list of who to call. What now?
A: Once you've talked to people you know, you've gotten their feedback about what they liked (or didn't) about their attorney. Use the internet (or do a white pages search) to get that attorney's phone number. Then call the office to set up a consultation.
5. I'm too uncomfortable to talk to my friends and family about this now. How can I get a good recommendation?
A: There are other online services that "rank" attorneys. These are sites like Avvo, and Martindale Hubble, Lexis-Nexis, etc.
Fact: These sites are biased in favor of attorneys who play the game. For example, a lawyer who participates on Avvo (claims their profile, advertises, answers questions) will have a higher Avvo ranking than a lawyer who doesn't. For example, look at the ranking of a prominent national attorney (like Eric Holder, the current US Attorney General). Their ranking might be lower than some attorney who participates a lot on that site.
So go ahead and try those sites (Avvo, lawyers.com, etc.) but be warned that the information there isn't always an accurate reflection of what the attorney is actually like, so take it with a grain of salt. (For more information, read this article from About.com).
Or: if you think the sites might mislead you, or you feel you can't talk about this to people you know because it's too personal, use your local bar association for a referral. Lawyers pay to belong to this referral service, and give part of the fee you pay them back to the referral service. I participate in my local bar association's referral service, and think it's a great service to the public. (State Bar of Michigan referral, Grand Rapids Bar Association Referral).
Coming Next: Part Two: What to Expect in the Initial Phone Call.
Frequently asked questions:
1. Can't I represent myself in this?
A: Yes, you can. But that doesn't mean you should. Going into court and representing yourself is like do-it-yourself surgery performed by an amateur. When it comes to family law, you have a lot of things at stake: ownership of your home, custody of your child(ren), how your personal property might be divided, when and how often you can spend time with your child(ren), are only a few issues that a family law judge will decide for you. It's best to have an attorney, who can present the best side of your case to the judge, and help you get the best result possible.
Read this article for more information on issues that will be part of your family law case, or go to my website.
2. Aren't attorneys expensive?
A: It depends on what you think of as "expensive." Again, this is the most important area of your life, where the most intimate personal decisions in your life have been made. It makes sense to protect these interests, and not doing so may cost you more in the long run. Many attorneys will let you arrange a payment plan, as well.
3. How do I decide who to call?
A: There are many ways to go about this. The internet is the most popular search tool currently. But that doesn't mean you should just pick one of the first-listed attorneys when you type in your search terms.
Fact: Advertisers pay to be listed on Google. This is true for all areas that can be searched on Google, including legal services. The higher-cost advertisers will land on the first page, at the more popular times of the day. It's like having a billboard in rush hour traffic on a busy highway. The lower-cost ads show up less often, and at less popular times of the day. This is like having a billboard in a urban neighborhood.
I recommend good old word of mouth advertising over internet advertising. It's better to get a recommendation from someone who's used that service before you, whether it's a mechanic, or an attorney.
4. Ok, I talked to three or four people and got a short list of who to call. What now?
A: Once you've talked to people you know, you've gotten their feedback about what they liked (or didn't) about their attorney. Use the internet (or do a white pages search) to get that attorney's phone number. Then call the office to set up a consultation.
5. I'm too uncomfortable to talk to my friends and family about this now. How can I get a good recommendation?
A: There are other online services that "rank" attorneys. These are sites like Avvo, and Martindale Hubble, Lexis-Nexis, etc.
Fact: These sites are biased in favor of attorneys who play the game. For example, a lawyer who participates on Avvo (claims their profile, advertises, answers questions) will have a higher Avvo ranking than a lawyer who doesn't. For example, look at the ranking of a prominent national attorney (like Eric Holder, the current US Attorney General). Their ranking might be lower than some attorney who participates a lot on that site.
So go ahead and try those sites (Avvo, lawyers.com, etc.) but be warned that the information there isn't always an accurate reflection of what the attorney is actually like, so take it with a grain of salt. (For more information, read this article from About.com).
Or: if you think the sites might mislead you, or you feel you can't talk about this to people you know because it's too personal, use your local bar association for a referral. Lawyers pay to belong to this referral service, and give part of the fee you pay them back to the referral service. I participate in my local bar association's referral service, and think it's a great service to the public. (State Bar of Michigan referral, Grand Rapids Bar Association Referral).
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