Archive for the ‘General’ Category

Divorce for Men

Monday, July 23rd, 2012

by Jake Adams

It’s no secret that the legal market is a crowded one. Some innovative attorneys are employing niche marketing strategies to separate themselves from the rest of the pack. One such niche that seems to be taking hold is Divorce for Men. The Wall Street Journal recently published an article addressing this marketing strategy.

The most telling phrase in the article describing the marketing strategy toward divorce for men can be found at the top of the article: “appealing to men who fear getting a bad deal.”

Appealing to fear is not a marketing strategy I believe in. When it comes to divorce, the antidote for fear is knowledge. That’s one of the reasons I created the Mississippi Divorce Law Blog, and constructed the Divorce FAQ page. I believe that the more information clients have, the less they fear. It’s the unknown that’s scary.

In this lawyer’s opinion there’s no way to specialize in “male representation.” An attorney who is well equipped to represent a woman in a divorce will be just as well equipped to represent a man. The law is the same no matter which gender is represented.

For example, there’s not a custody law for men. There’s also not a statute specifically addressing women and alimony. These laws read the same and apply the same, no matter the gender.

The Albright analysis (used by Courts in determining the best interest of the child with regard to custody) is applied to men the same way it is applied to women. Furthermore, the Ferguson factors employed for determining the division of marital property and the Armstrong factors for determining appropriateness of alimony are all meant to be applied in the same fashion.

Mississippi law is developed to the extent that in cases of divorce gender is of no consequence. Facts, however, are hugely important. As attorneys, we can’t change the facts. We also can’t change our client’s gender (thank goodness). But what we can do is help our clients determine what facts will be most helpful in helping them win and/or defend their case. We can also advise our clients as to what the law says according to the facts presented.

Gender doesn’t win or lose a case, but facts can and do. So whether you’re a man or a woman…just give me the facts.

How did Tom Cruise and Katie Holmes get divorced so fast?

Tuesday, July 10th, 2012

by Jake Adams

Just two weeks ago Katie Holmes shook the Hollywood world to its synthetic, botox-injected, silicone-enhanced core by filing a divorce complaint against Tom Cruise. A scant 14 days later, or close thereto, the parties have already reached a settlement agreement. How’d they reach a settlement so fast? Well, as you might have guessed I wasn’t there, but I have a few hunches.

First, there’s no doubt in my mind that Tom and Katie signed a prenuptial agreement before they got hitched. Tom Cruise, a.k.a., “Maverick” is a very wealthy man. Katie was his third marriage, and Tom had children from his previous marriage to Nicole Kidman to think about. You can bet Mav and Katie signed a prenuptial agreement that spelled out in very specific terms exactly what, if any, of Tom’s estate Katie would get in the event of a divorce. My guess is she got a little something in the agreement. By yours and my standards “a little something” is still a lot (My guess is that it was a number that included the word “million”), but by Tom Cruise’s mega-millions standards it was probably just a small amount and nowhere near what Katie might have been entitled to without the prenuptial agreement. It also wouldn’t surprise me if Katie received more for having been married to Cruise a certain number of years and had a child. It’s not uncommon in prenuptial agreements for the award to the less wealthy spouse to increase according to the number of years married.

Next, with a prenuptial agreement in effect, the only thing left to dispute was the custody of Suri Cruise – Tom and Katie’s 6-year-old daughter. In all likelihood, given Tom’s star power and his career making blockbuster movies that get filmed all over the globe, Katie was the primary care giver for Suri. This means that in a custody battle Katie would probably have had the leg up in the fight. Furthermore, any fight over custody would have been 24-hour news. One of the major issues in the divorce was going to be Tom Cruise’s freaky weird religion – Scientology. I confess I don’t know just a ton about Scientology, but any religion that was created by a man who wrote a book about aliens and has as it’s most high-profile front-men actors from Top Gun and Saturday Night Fever is probably some pretty wacked out church. Tom’s reputation has suffered enough due to his public embrace of Scientology (Psychiatry, Brooke Shields, etc., etc.). His reputation and the religion itself would have been on trial in a custody fight over Suri. That means for 24-hours a day for months and months on end (divorce trials don’t happen fast – especially when high-priced lawyers are trying to earn their money by out-lawyering the other guy’s high-priced lawyers) every tabloid magazine, news show and internet gossip site worth its salt would be telling us everyday folks more than we ever wanted to know about Scientology and by implication, Tom Cruise.

Tom has hundreds of millions of dollars. That money buys him some skilled legal counsel. They surely told him the cards were stacked against him in a custody fight and they advised him of the damage a custody trial could cause to his movie career. Settlement just made cents – and sense.

With that decided Tom’s people made a reasonable settlement offer to Katie’s people including full physical custody for Katie, liberal visitation for Tom and some very generous child support for young Suri. And just like that, the deal was done.

And that my friends is how Tom Cruise and Katie Holmes got divorced F-14 fast. Permission to buzz the tower?

*Jake Adams has never represented a movie star in a divorce, but he’d like to one day.

How long does divorce take?

Monday, July 9th, 2012

by Jake Adams

Mississippi has a 60-day waiting period after the filing of the complaint for divorce before the Court can enter the Final Decree of Divorce. However, the time it takes to negotiate a mutually satisfactory irreconcilable differences divorce can take much longer. The faster the parties can agree to terms the faster a Property Settlement Agreement can be signed and the matter can proceed to final resolution.

A divorce for grounds that requires a trial date can take a year or more to complete depending on the amount of discovery that is conducted, the length of the trial and the availability of time on the Court’s trial docket.

Does Facebook Cause Divorce?

Monday, May 21st, 2012

by Jake Adams

Facebook is allowing more and more people to reconnect. It’s a modern marvel, really, and a wonderful way to stay in touch with new friends, old friends, family and acquaintances, but like other good things Facebook can be misused.

In my practice I’ve seen marriages torn apart by adultery resulting from relationships that started on Facebook. Sometimes these communications start innocently enough, but later lead to an extra-marital affair. Other times people are less innocent and are going looking for an extra-marital relationship. Either way, Facebook has proven to be a fertile ground for inappropriate relationships.

SmartMoney has a blog post today asking the question: Does Facebook Wreck Marriages?

My answer: Facebook doesn’t wreck marriages, spouses do.

Facebook does, however, create an easy opportunity for people to be tempted by someone of the opposite sex. Used without caution, Facebook can turn into a singles bar visited comfortably from your couch. While married people once avoided such temptation by just going home, now they have the ability to communicate with hundreds or even thousands of people simply by looking at their iPhone. Sometimes this can lead to unintended trouble.

I’m not saying married people shouldn’t use Facebook. I am saying that it makes common sense to protect your marriage by not keeping Facebook a personal secret.  Marriage is a relationship built on trust. If you have a communication with a person of the opposite sex that you wouldn’t want your spouse to know about then you probably shouldn’t be having that communication. One practical tip to help maintain that trust and keep your communication with others above board is to give your husband or wife your Facebook password. If you agree that there’s no reason to have a communication you’d want to hide from your spouse, then you’ll also agree that there’s also no reason why your spouse shouldn’t have your password. Following this simple advice could keep you from ever needing my services as a divorce lawyer.

If it’s too late, and you find your marriage is already in trouble, please stay off Facebook. I always advise my clients to stay off of Facebook when going through a divorce. Facebook posts can be used as evidence in court. Even harmless messages can be used as evidence in court. It’s also a good idea to tell your friends and family to avoid posting pictures or information about you while going through a divorce because they could inadvertently become witnesses.

Finding the Money

Tuesday, May 1st, 2012

by Jake Adams

It’s a common theme in divorce for a wealthy husband or wife to hide the money before the divorce in an attempt to avoid the equitable division of marital property afforded by the law and the courts.

You’d be amazed the lengths some spouses will go to hide money, but in this digital age it’s getting more and more difficult to hide the dough. You’ll probably be even more amazed at the lengths some will go to attempt to catch their spouse hiding inappropriate behavior, money and other clandestine affairs as detailed in this Wall Street Journal piece. The best piece of advice in the whole article is at the end:

“A lot of trouble could be avoided if spouses had more open and honest communication.”

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.

Holiday Survival Guide

Wednesday, December 21st, 2011

by Chris Palmer

Holidays can be filled with stress in even the most solid families but in divorced or divorcing families, they can quickly become one of the most miserable times of the year.  Finances usually come into play, as well as increased demands on time, but the misery that parents sometimes experience usually results more from their need to be inflexible and unyielding in their plans as well as the need to feel as if they “beat” their former spouse.  Unfortunately, this behavior typically results in the children enjoying the holiday less as well, making everyone unhappy.  Put the children first and leave the fighting out of the picture.  Common sense and focusing on helping the children enjoy the holiday is the best pathway to an enjoyable holiday.  Here is a good article that addresses some of the issues.

Merry Christmas!

The Decline of Traditional Morality

Thursday, December 15th, 2011

by Chris Palmer

A recent survey has indicated that marriage rates are at an all time low.  In the 1960’s the median age for marriage was around 20 but now, the median age has risen to 26 for women and 29 for men. Rising divorce rates have contributed to the statistics as well as economic concerns.  What is most troubling though is that the survey reflects a sense of apathy towards marriage in general as evidenced by this quote: “A Pew survey last year determined that more than four in 10 Americans younger than 30 consider marriage passe.  ”They see it as an obselete social environment,” said D’Vera Cohn, a Pew researcher who co-wrote the analysis.”  Unfortunately, out-of-wedlock births have not followed the same path.

A study from the United Stated Department of Health and Human Resources shows that non-marital births are at greater risk of low birth weight, preterm birth and infant mortality than children born to married women.  The study also shows that children born to single mothers have more limited social and economic resources than those born to marriage.  Yet the 2007 data used in the study shows that  4 in 10 children were born out of wedlock, reflecting a 5% increase in unmarried birth since 2006, a 21% increase since 2002 and an 80% increase since 1980.

When you look at the declining marriage statistics, the changing view of marriage by young Americans and skyrocketing out-of-wedlock births, you begin to see a grim portrait of America’s future.  It appears that Americans have slowly moved toward a more narcissistic existence, one in which self-satisfaction comes first and commitment to family comes second. Why else would the statistics show declining marriage rates yet rising birth rates among unmarried people?  One only has to hang around your local family court to see the problems that result from out-of-wedlock births.  Court are jammed with single mothers begging for financial assistance from absent fathers while vehemently opposing the father’s efforts to have a relationship with his child.  If this trend continues, marriage will soon be a minority as will children born to marriage.   One has to wonder what the long term effects of this trend will have on the country if it continues since the trend sheds light on a much larger issue not addressed by the statistics – the decline of traditional views of morality.

Jackson, Mississippi Divorce Lawyers

Wednesday, November 30th, 2011

Jake Adams and Chris Palmer are attorneys who practice divorce, custody and family law in Jackson, Mississippi and all its surrounding areas including Brandon, Flowood, Ridgeland, Madison, Clinton and Canton. If you have a divorce, custody or family law issue call lawyers Jake Adams or Chris Palmer at (601) 825-9505.

Visit the FAQ page for questions regarding divorce, custody and child support in Mississippi.

Bible Belt States, Including Mississippi, Have Higher Divorce Rate

Monday, August 29th, 2011

by Jake Adams

Despite their  ”Bible Belt” status, Mississippi and other southern states have a higher rate of divorce than states in the Northeast. Surprising, right? Click here to read an article regarding the divorce findings of a U.S. Census Bureau report.

Some theorize that the South’s higher divorce rate is caused by getting married too young.  While I disagree with the writer’s underlying agenda to discredit the sexual values instilled by Christianity, the statistical variance between Southern divorce rates and Northeastern divorce rates should be studied. There may be a lesson to be learned from Northeasterner’s who routinely marry much later in life, the theory being that with age comes maturity, education, and a realistic approach to marriage. No one can argue that maturity, education and realism are necessary equipment for a successful marriage.