Kansas Family and Divorce Lawyer

In-Court Acknowledgment of Divorce Settlement Becomes "Electronic Signature"

Here is a curious case. A divorce settlement calling for a transfer of real property is read into the record on the day set for trial. Both parties orally acknowledge the settlement in court, and the court's reporter duly transcribes their remarks. However, one party later refuses to sign the agreement. She claims, among other things, that enforcement of the settlement agreement would be unlawful because state law requires a writing to transfer real property.

The Kansas Court of Appeals recently entertained this argument and rejected it, remarking along the way' that an electronic signature was created in the trial judge's courtroom, thereby satisfying the state-law requirement of a writing for real property transactions.

The court said this was so because Kansas had adopted the Uniform Electronic Transactions Act. Under UETA -- with some exceptions that aren't relevant here -- qualifying digital records, sounds, symbols, you-name-it, will be treated as 'writings' if a writing is required by state law. UETA, the court said, 'probably' makes the electronically produced record of the divorce litigant's in-court statement the legal equivalent of a written signature:

The record does not disclose the type of equipment used by the court reporter, but it would be quite rare today for a court reporter's equipment not to at least require electricity. The UETA deems records generated by electronic means, including the use of electrical or digital magnetic capabilities, to be electronic records.

In order for a record to qualify as an electronic signature, a party must also adopt the record 'with the intent to sign.' The court doesn't make much of an effort to explain how the litigant in this case 'adopted ... with the intent to sign' the court reporter's record of her remarks. Apparently, it was enough that the litigant uttered aloud her acknowledgment of the divorce settlement that had been recited in open court. '[A]ssuming that the court reporter's equipment was consistent with modern practice, it would appear that the electronic capture of Mieko's oral assent that this was the agreement would satisfy the statute of frauds.

The case is In re Marriage of Takusagawa, No. 95,508 (Kan. Ct.App. Sept. 7, 2007)

SOURCE FOR POST: E-Commerce and Tech Law Blog

Kansas Receives Grant for Supervised Visitation Program

Children are still vulnerable to family violence even after separation from abusive situations

Kansas has received a $400,000 grant from the U. S. Department of Justice, Office on Violence Against Women. via KAKE-TV Wichita

Source for Post: Kansas - Topix.net.

How to Hire the Right Divorce Attorney

Too many people don't know what to look for when they are considering which divorce lawyer to hire.' Most people who are interviewing family law attorneys are in a very stressful situation, typically one that they have not been in before.' Making an important decision during a particularly stressful time can be a recipe for disaster.

DivorceZone published an article that can be helpful to people facing this situation.' This article points out that not all lawyers are created equal, and I would add that not every lawyer is 'right' for every case.' It is more important in family law cases than other cases that the attorney and the client have a good, working relationship and understand each other.' This article lists the following important points to consider when hiring a divorce lawyer:

• Specialization. The reality is that the law is extremely complicated and no lawyer, not even a so-called ‘general practitioner’ can really master more than one or two main areas of law. Divorce law itself grows more and more complicated each year. You should choose a lawyer who practices primarily or exclusively in the area of divorce and family law.
• Knowledge. Given the high hourly rate you’ll be paying your divorce lawyer, you don’t want to have to pay to give your lawyer a legal education. You want a lawyer with substantial knowledge in divorce and family law issues, who already knows the law and how it applies to your situation.
• Experience. There are a lot of complexities to divorce law that you can’t simply learn from a book. For instance, often being able to determine the correct range of alimony that’s appropriate in your case is simply the result of seeing many cases with similar facts. While every divorce case has its unique twists, you will come out ahead if your lawyer has substantial experience.
• Good Communication. The biggest beef clients have with divorce lawyers is that their lawyer does not return their telephone calls, emails or other communications promptly. You should find out what a prospective divorce lawyer’s office policy on this. Also, see how long it takes for your prospective lawyer to return your initial call - this will give you a good idea as to the level of service you can expect.
• Local Knowledge. Part of the job of a divorce lawyer is to know the attitudes of the local judges and how best to tailor your case for them. As well, even if you never set foot inside a courtroom, it is helpful if the lawyer has experience dealing with your spouse’s divorce lawyer.
• Time. Does the divorce lawyer limit his practice to just a few select cases so that he can concentrate on his clients and give them good service, or do they take all clients who walk through their doors? The reality is that the amount of work to resolve successfully the issues arising from a divorce can be quite substantial, and your lawyer will need the time to deal with this.
• Fit. It’s important that you and your divorce lawyer get along well. This doesn’t mean that you have to be good buddies with your divorce lawyer and want to invite them to dinner. However, you’ll be going through some of the most difficult experiences in your life with this person. You’ll be revealing some of the most intimate details of your personal and financial situation to this person. Your relationship with this person will last quite a long time. So, it’s important that you’re comfortable with your divorce lawyer.
• Compassion. It’s important that your divorce lawyer be understanding of what you’re going through. Are you just a file number, or does your lawyer really care who you are and what you want?
• Independent. Ultimately, your divorce lawyer’s job is to fight for you and your rights. However, many lawyers have political ambitions or care more about getting along with other lawyers than giving zealous representation. You want an independent lawyer so that your needs are not sacrificed so that your lawyer can avoid irritating a colleague.
• Plan of Action. Is your divorce lawyer able to articulate a plan of action that they are going to take to resolve your case? If not, you will find that your case just seems to amble in no particular direction, raising your legal fees without accomplishing much.

  Source for Post: South Carolina Family Law Blog.

Seven Tips for a Better Divorce

There are some actions anyone can take to improve their chances of having a more favorable outcome and avoid some of the problems that occur during a divorce. Seven of the best tips from Texas family law attorney, Dick Price, are listed below:

1. Be prepared. If you know ahead of time that you will (or may) be going through a divorce, it really pays off for you to gather documents and information about important issues, such as your finances. You may uncover unknown assets or you may just have proof of the existence and values of assets, which would probably help save quite a bit of money.
2. Plan for changes and be flexible. Realize that your family will become two separate units and that will stretch your resources. You may have to change your short- and long-range goals. In almost every case, someone virtually 'starts over' and often both parties really struggle. Accept the need to compromise and be open to new ways of doing things.
3. Be honest with your attorney. He or she can’t do nearly as good a job with faulty information. Virtually everything you tell an attorney is confidential, so don’t hold back.
4. Prepare to use specialists. Attorneys can be very good helping you with the law, facts and procedure, but they often don’t know as much about specialty areas such as taxation as a CPA or divorce financial planner does. The process can move faster and better if you use (as needed) a:
   • Counselor/therapist, if you are sad or mad.
   • Financial planner, if you don’t have much experience in finances.
   • Business valuation expert for small businesses.
   • Child specialist to help find solutions for visitation, child support issues, living arrangements, etc.
5. Look at the big picture. Don’t get lost in insignificant issues or in keeping score to see who wins the most points. If you start to slip into arguing about tiny issues, make yourself go back up to the broader issues and get your spouse off the small stuff. Focus on the goals, needs and interests that are important to you. It doesn’t matter what your spouse is gaining or claiming to gain or wants to argue about. Leave the small stuff alone and stay true to your essential goals. You will be truly successful if you can achieve your important goals and needs.
6. Practice 'putting yourself in your spouse’s shoes'. Empathy can really help you in a number of ways. Since 90-95% of divorces settle, negotiations are a major part of any divorce. You can better understand and respond to your spouse’s requests and offers if you understand what important to him or her and what factors will motivate them. Being able to figure out what your spouse is motivated by can help you create settlement options that will be acceptable and even welcome to your spouse.
7. Reduce conflict. The more you fight, the more it costs. That should be obvious. You can choose to start or continue battles, or you can decide to work for solutions.

Following these tips will improve your chance of success, no matter how you define success. At the least, you should have a divorce with less fighting and more attention to the important issues.

Source:' '7 Tips For a Better Divorce' by Dick Price, published at his Divorce and Family Law in Tarrant County blog.

Source for Post: South Carolina Family Law Blog.

Avoiding Parenting Plan Mistakes

Not only avoid mistakes, but make sure your plan is as complete as possible. Cover all the basis. Most important in this process is to try to work together in preparing the parenting plan. Both parents will be much more pleased with the plan if they work on this together and not hand over this important process to the judge. The judge will be happy to decide these important issues for you. But, I am almost 100% certain, if you let the judge decide you will not be happy.

Thanks to the Oklahoma Family Law Blog for a heads up on this great information.

Many divorced couples find themselves back in court for post-decree litigation simply because of poorly drafted parenting plans. Listed below are some of the most common mistakes and oversights related to parenting plans.

1. The use of a non-specific parenting schedule (the 'liberal and frequent visitation' clause). The phrase 'liberal and frequent visitation' has no defined meaning in a court of law; the phrase means whatever the custodial parent says it means and is subject to change without notice.
   
   
2. No provision for discussion regarding residential moves by the custodial parent. Move-away disputes are among the most hotly-contested post divorce issues brought to family court, and almost always an issue that a well-written parenting plan could help resolve (or prevent).
   
   
3. No section covering access to and/or the sharing of medical and educational records. Although many States now have laws that address these issues, non-custodial parents still frequently encounter difficulty in obtaining records from local school systems and doctors.
   
   

Divorce and Taxes

Today's earlier post was all about marriage and taxes. Unfortunately, far too many marriages end in divorce and when this happens, tax issues are relevant once again.

The best advice is to understand the divorce decree and its terms, especially key components that could complicate a tax return, such as:

• Alimony is taxable and deductible. The person who provides alimony can claim the payments as a deduction, while the person who receives it can avoid a large end-of-year tax bill by paying estimated taxes during the year. Unlike alimony, child support is not deductible or taxable.' '' '
• Who claims children? The parent who has custody of a child usually can claim the child as a dependent. However, with the custodial parent’s consent, the parent without custody can claim the child. (The custodial parent may still be able to claim certain tax benefits related to the child, including head of household filing status, the Earned Income Tax Credit, and the child-care credit.)
  
• Who is a head of household? There are several factors for determining the head of a household. A few include being considered ‘unmarried’ on the last day of the year, having children or other dependents who live with you, and paying more than half the cost of providing a home for dependents. Taxpayers should consult with a tax professional to determine if they qualify for head of household status.
  
• Divorce, annulment and legal separation are considered the same by the IRS for tax purposes. The way a tax return is affected by the situation depends on how the decree is worded, and in cases where state and federal law differ, the IRS will side with the federal government.

Source: BusinessWire.com.

Source for Post: Oklahoma Family Law Blog.

Divorce Preparation: Step 13 - Be Good

Well, we have finally reached the last step in this series of posts on practical steps to consider when you may be facing divorce.' I will wrap up the series with two more posts to conclude and summarize the series.' But, first, the final step which may seem a bit silly.'

It is simply this: Be Good.

Here is the principle: you are about to be under a microscope.' You are reading this blog, so I assume that you may be facing a divorce and you'd like to that unpleasant process to be as amicable as possible.' Unfortunately, that is not always possible.' Your spouse may not share that objective for some reason.' They may be influenced by others (lawyers, friends, etc.) that convince them that what you are offering is not fair.

So, there is a chance that your case will end up going to trial no matter how diligent you and your lawyer are about trying to work the case out fairly and quickly.' That being said, you should not put ammunition in the gun for your spouse to use against you.

That means no dating, no carousing, and no partying.'If custody may be an issue it means making the children your number one priority (they should be that anyway, right?).' Even things that are perfectly legal and harmless any other time can be twisted to look suspicious or worse in the hands of your spouse’s lawyer.'

Suppose for example that you go out for dinner and drinks with members of the office to celebrate a fellow employee’s birthday.' This sounds harmless enough.' But, in a custody case these questions may be asked: While you chose to go out drinking with your friends, your spouse was at home taking care of the children, correct?' Are you having a romantic relationship with Joe/Jane who was also at the party?' How many drinks did you have that night?' This is something you routinely did during the marriage, isn’t it (i.e. choosing social events over your family)?'You drove home that night under the influence of alcohol didn’t you?'Etc.

You get the point.' This is a silly example, but why even open yourself up to this line of questioning.' Don’t put the judge in the position having to decide whether you are telling the truth that this was a harmless and isolated event.

Spend time with your kids, work, stay around the house, exercise, and attend to your spiritual life.'Be above reproach.' Be Good.' Come to think of it, Its not bad advice whether you are facing divorce or not.

Source for Post: Alabama Family Law Blog.

Checklist: Post-Divorce Actions To Take

The divorce is final. You breathe a sigh of relief. No more papers to file, no more documents to complete, no more red tape. Well, not quite. Even after the judgment is entered, there are certain steps that you must take to effectuate the provisions of the divorce decree and make sure that the financial and legal aspects of your life reflect your newly single status. The following checklist can serve as a helpful reminder of what remains to be done. Not every item below may apply to you, but there are surely some listed tasks that require your immediate attention.

____	Divide all property as set forth in the divorce decree.
____	Execute a quitclaim deed to transfer title to real property to your former spouse, and/or make sure that your ex-spouse does the same, as required by the divorce decree.
____	Change the titles to your motor vehicles to reflect the ownership as set forth in the divorce decree.
____	Notify your auto insurer of any changes in automobile drivers, ownership, and addresses.
____	Make sure that your name has been removed from any debts or loans that are no longer your responsibility.
____	If you change your name (such as by reverting to your maiden name) as a result of the divorce, notify all of your creditors of the change.
____	If you move, notify all of your creditors of your change of address.
____	Notify the Social Security Administration of your name change.
____	Apply for a driver's license with your new name on it.
____	Apply for a driver's license with your new address on it.
____	Change your name on your bank accounts and checks, or open new accounts in your name only.
____	Change your address on your bank accounts and checks.
____	Apply for credit in your own name.
____	Remove your former spouse's name from your lease or mortgage.
____	Change the beneficiary on your life insurance policy, if permissible under the divorce decree.
____	Obtain life insurance naming your former spouse and/or children as beneficiaries to ensure continued support if you should die, if required by the divorce decree.
____	Write a new will.
____	Execute all necessary COBRA documents to ensure continued health insurance coverage, or make sure that your ex-spouse has done the same.
____	Make sure that the Qualified Domestic Relations Order (QDRO) is entered and implemented, if required under the divorce decree.
____	Take all other actions required by the divorce decree.
____	Pay all support when due.
____	If you change jobs, notify your new employer of any court-ordered support, if required by law to do so, to effectuate continued automatic withholding.
____	Keep your scheduled visitation times with your children.

Also available in PDF | MS Word

SOURCE: FindLaw

How to Keep Your Child Out of the Middle

Dick Price at Divorce and Family Law in Tarrant County had this great post. He points out some key points that most divorcing parents forget. First of all, you are parents. And for the best interest of the children, these five points must be considered. While emotions are high for the divorcing parents. Don’t forget that the children also are going through the divorce and as parents, everything must be done to help them through it. And, lets not forget that until the children reach at least the age of 18, you and your ex-spouse will have to work together to raise the children to adulthood.

The following is a brief list of 5 'Don’ts' and a 'Do' that may help avoid such situations.

1. Don’t ask the children to decide. In the heat of family disagreements, it may seem simple or fair to just let the children decide where they want to live, or what visitation schedule they want to follow, etc.; parents may feel that’s like having a neutral person make the decision. Unfortunately, that puts a lot of pressure on the children and sets them up for guilt feelings and/or angry parents.

2. Don’t disparage the other parent or his/her family. This can be by direct comments made to a child or it can be done indirectly, such as comments made to others, but overheard by a child. It can also include body language and gestures that indicate disapproval or other bad opinions of the other parent. A child will likely take such actions or words as an attack on him or her.

3. Don’t argue around the kids. Disagreements are normal, even in well-functioning, intact families. Discussions and arguments between adults should take place just between adults, if at all possible. The kids don’t need to be drawn in or manipulated by the situations.

4. Don’t ask the children about the other parent. It’s not necessary for you to know everything that goes on when your children are with the other parent. Children will often tell about things they enjoyed or about big events, good or bad. Children don’t like being grilled about what happens when they visit their other parent.

5. Don’t use the children as messengers. If you want to send a message to the other parent, talk directly by phone or in person, send a letter or send an email. Kids aren’t always dependable anyway. And if you send a message by the children and then the other parent reacts badly when the message is delivered, the children are likely going to feel that they caused the problem.

Finally, something you can Do:

Do take a co-parenting class, preferably with the other parent. There are several good classes available in this area in person and even on line. I recommend the 'in-person' class because you can learn more and get specific questions answered.

If you can avoid the temptation to put your children in the middle of adult disputes, your children will be happier and you should have better relationships with them (and maybe the other parent as well). If both parents will take a co-parenting class, all of this advice may be unnecessary!"

Source for Post: Divorce and Family Law in Tarrant County.

Must Read Books For Divorced Dads

With Father’s Day being tomorrow, the Oklahoma Family Law Blog had a great post today providing the following list of books for divorced dads.

Following are four recommended books for fathers dealing with the difficult issues of divorce. Whether you're in the initial stages of divorce, dealing with the immediate aftermath or well past one, these books will provide down-to-earth ideas and strategies you can use to remain an integral of your children's lives.

Always Dad: Being a Great Father During & After Divorce by Paul Mandelstein, a divorced father of three and founder of the Father Resource Network.

More and more, divorced fathers are finding out that, rather than being one half of a 'broken' home, they can continue to play a crucial role in their children's lives. You can, too. Turn to Always Dad and discover how to work with your ex to create a fulfilling extended family, one that can help ensure that your kids grow up in an enriching, loving environment.

Live-Away Dads: Staying a Part of Your Children's Lives When They Aren't a Part of Your Home by William C. Klatte, a psychotherapist, social worker, and divorced father of two grown daughters who lived with their mother. Klatte begins by advising fathers to take care of themselves, including dealing with anger and depression, good advice for anyone coping with a major life change. He stresses the importance of staying involved with your children despite personal difficulties or the challenges of working with their mother. Later sections deal with cooperation, using the court system, developing parenting skills, and finding support groups.

The Divorced Dad's Survival Book: How to Stay Connected With Your Kids by David Knox, a divorced father of two. With hands-on 'get you through it' plans to help fathers remain positive, involved parents, and personal stories from a variety of home fronts, this invaluable guide illustrates how men can best develop their fathering skills, stay involved with their children, and honestly evaluate their own capabilities as fathers and ex-spouses.

Wednesday Evenings and Every Other Weekend: From Divorced Dad to Competent Co-Parent. A Guide for the Non-Custodial Father by F. Daniel McClure and Jerry B. Saffer. A reader writes 'This book is written in plain english and is brutally honest. You WILL learn how to cope with the situation you are in and how to get so much more from your relationship with your children.'

Source for Post: Oklahoma Family Law Blog.