Archive for the ‘About Divorce’ Category

Telling Your Children You Are Getting a Divorce

Monday, January 9th, 2012

by Chris Palmer

One can only imagine how difficult it is to explain to your children why their parents are divorcing.  The questions, the pleading, the tears, the apologies and the shattered desire of sheltering your children from life’s pain.  For a parent that puts their children first, this pain has to be right at the top of the list of unpleasant experiences. However, others use that moment not to delicately guide their children into their new existence, but to destroy the other parent in the eyes of the children.  Too often children are intentionally sucked into divorce litigation and they become the victims of their parent’s need to win at all costs.

A recent article provides a thoughtful analysis of the process of explaining to your children that you are divorcing.  There are right ways to tell the children and there are certainly wrong ways to tell the children. The article recommends the following steps as the correct way to ease your children into a divorce:

  1. Tell your kids together, despite your differences.  They need to see that both of you will still be their parents.
  2. Don’t blame or criticize your spouse.  Accept responsibility for the split and use this as a first step in developing a new relationship with your children as divorced parents.
  3. Explain what post-divorce life will look like for the children.
  4. Rehearse the conversation with your spouse.  Anticipate the questions and be prepared with responses.
  5. Remind the children that they did nothing to cause the divorce.
  6. Be patient and give your children time to adjust.

Anyone divorcing, with children, would do well to take the points mentioned in the article and use them in discussing divorce with their children.

Is Divorce Your Best Option?

Friday, July 15th, 2011

Is divorce your best option?  It’s a question worth asking. But while it may be a strange topic to find on the website of a law firm that specializes in domestic relations cases, it is the very question that should be asked right off the bat by competent attorneys when counseling clients who are contemplating divorce.  Why?  Because divorce can be very messy.  Divorce can negatively impact children of the marriage.  Divorce can cause financial burdens that may deeply impact your future.  The outcome of a divorce case is uncertain.  And it may be that, in your situation, divorce is not your best option.

Given the emotional strain and uncertainty that you are already experiencing, shouldn’t the legal counsel you receive be determined by what is in your best interest and in the best interest of your children, even if it means that our recommendation is that you not proceed with a divorce filing?  Shouldn’t you feel comfortable knowing that the advice you receive is not determined by an attorney’s desire to take in a divorce case?  At Adams & Edens, P.A., we believe the role of your attorney should involve more than advocacy.  Your attorney should also be your counselor.  And as a counselor, your attorney should be well versed in Mississippi divorce law, but also well practiced in listening carefully to your circumstances, ask probing questions, and give you sound advice that is in your best interest.

Do I Need a Lawyer?

Thursday, June 23rd, 2011

by Chris Palmer

Can’t I get a divorce by just filling out some forms?  I saw online where I can get the divorce forms for a lot less than the cost of a lawyer, is that a bad idea?  These are questions that come up periodically and the answer to both questions is “yes.”  To explain, a no-fault divorce can be very simple for a lawyer to put together for a client and can take very little time by the lawyer to do so.  But, the final product you see is the culmination of years of education, experience and familiarity with the differing requirements of chancery court judges along with careful drafting of documents that address the client’s unique circumstances  For divorces, there is no “one size fits all” form.

Proper preparation of divorce documents is critical.  Lawyers look at both the immediate goal of obtaining a divorce as well as the long-term consequences of the divorce judgment.  Usually, parties that try to get divorced without the benefit of a lawyer create documents that are so awful, they often end up being completely unenforceable or void.  If that happens, it is almost certain that the parties will end up paying much more money in legal fees to repair the mess that they would spent to do it correctly in the first place.

The decisions you make in a divorce, and the documents that result, can control aspects of your family for tens of years and drastically impact your finances and property.  Nothing that important should be relegated to a do-it-yourself kit.  While there are certainly legal documents you can create without a lawyer that will serve you well, in a divorce, there are no short cuts.  Do it right the first time to avoid major problems in the long-term.