FAMILY LAW TIPS FOR MEN & WOMEN
Family Law Tip # 1M/F (for Men and Women)
Keep demands reasonable and fair;
and try to negotiate before any hearing or trial
It seems amazing what judges will allow if all parties agree. Judges are likely to allow whatever parties agree on even when the agreements are not fully supported by laws.
In other words, if you (men or women) do not alienate your “EX” and keep your demands reasonable, you are likely to get more of the things that are important to you as will your “EX.” This is because pretrial “give and take” negotiations may be possible but a Judge’s order will not weigh many of the intangibles. For example, a judge won’t like being forced into dividing dogs, cats, canaries and other personal property – work it out before court!
Negotiating techniques outside of a marriage are not always a good idea in marriage, but if your marriage is over use them.
While negotiating in business, in raising children or in a divorce when you are about to give up something that is yours, always try to get something in return. In an amicable divorce, try to negotiate all details possible without lawyers. In a bitter divorce, your lawyer is your best chance for negotiating before any hearing or trial. Don’t give away the farm.
You probably know your “EX” or about to become “EX” better than most people. Use that knowledge to anticipate what she wants badly and look for trades that get you what you want. For example, if her parents gave her and you a car that may have become community property, before you give it up make sure you have fair custody and visitation of your children.
During negotiations, after you make an offer do not speak first. Usually the first one that speaks caves in and looses something. You may have to be silent a few minutes or even days but do not undermine your position by communicating until the other person says something. When that other person begins to talk, let her go without interrupting.
Family Law Tip # 2M/F (for Men and Women)
Pick Your Lawyer Carefully
In legal battles and in getting through legal mine fields, the lawyer or law office you select will likely be the
single most important decision you make. You can’t change history, the law, pick the Judge, or force courtroom decisions but your lawyer can give you good advice as to what to expect and what may be worth pursuing or not. She can also present your case in the best way and debate important issues to get the best results. As in most selection processes, its good to go with referrals, from instincts and what feels right. If you are not impressed after interviewing or getting an initial consultation from a Family Law Attorney, repeat your efforts with one or more others until you are comfortable. Don't hire a Malcreant Attorney.
Many lawyers who do Family Law do it as a fill-in to keep from starving and may not even like doing it. Obviously you would be much better off with a lawyer who chooses to do Family Law exclusively because she likes it. Such Exclusive Family Law Attorneys would naturally be more up to date and experienced in Family Law Matters. If your child needed tonsils removed, wouldn't you select a surgeon that does several such operations a week, not several a year? Don't hire a Malcreant Attorney.
A “dynamite” referral method for anything you need when you don’t know anyone personally is as follows: go to the yellow pages and find someone in the same industry that does not do the exact work you need and ask them for a referral. For example if you need a dentist, call offices of oral surgeons and ask for a referral. When you need a family lawyer, call two or three law offices that do not advertise family law and ask them for a referral. Chances are good that Marilyn’s name will come up or ask them what they know about Marilyn. Don't hire a Malcreant Attorney.
Family Law Tip # 3M/F (for Men and Women)
Although it may be therapeutic to Publish your Thoughts and Feelings on the Web or tell your friends and family, it can also be very detrimental to your case. Such secrets last a short time and will likely make it back to your "EX" and be used against you. Do yourself and your Attorney a favor by not sharing. The Attorney Client Privilege only exists with your Attorney.
Family Law Tip # 4M/F (for Men and Women)
Don't lie to your Attorney or in Court. Don't try to fake a drug test. Don't try to hide Marital Assets. Any such misbehavior will cause the Court to suspect everything you say and tend to believe everything bad your "EX" says about you. Don't underestimate your "EX" or opposing Attorney. Don't hire a Malcreant Attorney. Fight fair with facts and a good Attorney whose rapport with the Court can work in your favor.
Family Law Tip # 5M/F (for Men and Women)
Divorce Court is Not a Contest
Family law cases are not contests for Courts to pick a winner; in fact rarely is there a winner-take-all. The Goal of Marilyn’s Law Office in each case is to help the client get fair treatment through negotiations if possible and by court decisions if not.
It is important to understand that when a family law conflict includes children, “the best interest of the children” guides virtually all Courtroom decisions and also guides Marilyn and her Attorneys throughout such cases.
If your case involves children and your strongest concern is for them, you are a good parent and upon hiring Marilyn's Law Office you will have very powerful representation. Don't hire a Malcreant Attorney who would likely enjoy escalating the conflict into a grand contest for his own benefit.
Family Law Tip # 6M/F (for Men and Women)
Pay Your Legal Fees by Credit Card
In a divorce case it can be best to pay your legal fees by credit card and let them ride until your divorce is final. That credit card debt is more likely to be deemed marital debt and split 50/50 than if you pay your legal fees with cash or personal money.