Thursday, June 4, 2009

Savannah GA Divorce Lawyer - Richmond Hill Military Divorce Attorney

By Ashby Jones at Wall Street Journal Blog

Way back when, before we knew anything about anything, we were intrigued by the notion of “family law.” It seemed like an area where you could actually make a difference in peoples’ lives and that your days as a “family lawyer” would be sorta fun. You’d sit across tables from people who looked like Wilford Brimley, sipping chamomile tea and listening to them talk — wistfully but not unhappily — about what they’d like to do with their rare-books collection once they died. You’d wear not a tie, but a Mr. Rogers cardigan on our house calls. You’d learn CPR, just in case, but never have to use it.

We couldn’t have been more wrong. We’re sure there are some above-described lawyers out there, but to a large degree, the practice of “family law” seems in its best light, sad, and in its worst, downright nasty and brutish. And on each of those fronts, we bring you a story from the news (and we’ve already brought you this one).

Sad: Amid the awful details of the Brooke Astor trial comes another tale of celebrity and dementia. This one involves Peter Falk, of Columbo fame. According to this story in the LA Times, Falk, 81, is suffering from dementia. And his daughter and wife are embroiled in a fierce battle over control over him and his estate.

The whole thing strikes us as a bit of a downer. Catherine Falk, his daughter, said she filed the petition requesting that she be made conservator of her father because his wife, Shera Denise Falk, has not allowed her to visit or speak to him since his hip replacement surgery last year. Shera Falk has contended that the daughter is estranged from her father, and questioned her motive in filing for a conservatorship.

According to the LAT, in lengthy testimony that lasted about four hours, Catherine recounted that when she was growing up, Peter Falk was a loving father whose affection was limited by his new wife. On cross examination, Marshal Oldman, the attorney for Falk’s wife, Shera, questioned Catherine Falk about her interest in her father’s estate.

“There is certainly concern about finances on the part of Catherine,” Oldman said after the hearing. “Whether that’s the primary motive, we’ll let the court decide.”

The well-to-do suburban professional hid a tiny GPS tracking device in his family car.

His cheating wife dropped her kids off with her dad, a convicted felon. She headed to a South Side motel for a rendezvous with her lover.

Nasty and Brutish: The new tool for skeptical spouses: GPS systems. According to a Chicago Sun Times story out this week, small GPS devices are getting tucked into glove compartments to track a spouse’s maneuvers. Later, the cheatin’ spouse gets confronted with detailed information about where they were, and when.

In a survey last year of the nation’s top divorce attorneys, 88 percent of them reported a rise in cases relying on electronic data as evidence.

“The GPS is a poor man’s investigator,” one divorce lawyer, Enrico Mirabelli, told the Sun-Times.

“You can sit out there for four days, and nothing might happen,” added private investigator Paul Ciolino. “If I have someone out there at $120 an hour for 14 hours a day and nothing happens, that gets expensive. But if the GPS says the car is going to a location every Thursday at 2, now you can go take a look.”

Alexandra Gonzalez-Waddington is a Savannah GA divorce lawyer & Richmond Hill Georgia Military Divorce Lawyer Georgia domestic mediator. She is an Savannah Georgia divorce lawyer, GA child custody attorney

Savannah GA Divorce Lawyer - Uncontested divorce

Price hires McCartney's lawyer for quick divorce

01/06/2009 - 11:02:44 - https://breakingnews.iol.ie/entertainment

Glamour model Katie Price has hired Paul McCartney's divorce lawyer as she prepares to end her marriage to Aussie pop star Peter Andre.

Friends claim Price has accepted her three-and-a-half year marriage is over and she now wants a quickie divorce so she can get on with her life - and she has hired top lawyer Fiona Shackleton, who has also represented Prince Charles and Madonna, to fight for her in court.

A source told the News of the World: "It's sad, but she's (Price) given up the fight. She now accepts she's never getting Peter back and is ready to move on with her life. It hasn't been easy but she knows it's necessary to enable her to eventually get on with things."

The couple spent the first few months of the year shooting a reality TV show in Los Angeles and Andre and Price split upon their return to the UK.

Andre has applied for a decree nisi and insiders suggest he'll cite unreasonable behaviour as the reason for the separation.

Meanwhile, the strain of the break-up is beginning to show on Price - she seemed tired and unhappy during a modelling assignment in London on Sunday, and revealed she felt "s**t and ugly", adding: "I haven't felt this low in ages."

Alexandra Gonzalez-Waddington is a Savannah GA divorce lawyer & Richmond Hill Georgia Military Divorce Lawyer Georgia domestic mediator. She is an Savannah Georgia divorce lawyer, GA child custody attorney

Savannah GA Divorce Lawyer - Richmond Hill Custody Attorney

Lawmakers put cases on hold during session

Critics claim some attorneys abuse practice to delay trials.
By Danny Yadron
AMERICAN-STATESMAN STAFF
Friday, June 05, 2009

In January, divorce lawyer James W. Piper received a letter from Rep. Burt Solomons, R-Carrollton:

"As you may or may not be aware, I am a member of the Texas Legislature. ... I would appreciate you calling my office and checking my availability before scheduling any matters in this case."

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The letter, dated Jan. 12, was sent the day before the 140-day legislative session started.

Solomons, a specialist in business and real estate law, had just jumped on as co-counsel in Capitol lobbyist Angelo Zottarelli's divorce case. Piper represents his wife, Martha Alice Zottarelli, and knew Solomons' addition to the legal team meant the year-old case wouldn't go to court before July 1, 30 days after the legislative session.

Monday's adjournment means Solomons is soon due back in court — along with 20 other lawmakers who filed for delays in cases they worked as attorneys this year.

The extensions, known as legislative continuances, allow legislators who double as lawyers to push back court dates scheduled during the session and the 30 days before or after it. As long as a senator or representative joins a case within a month of a court appearance, the judge must grant the request.

Critics have said the privilege results in abuse and court backups.

"It's difficult to be an attorney during the session sometimes," said Andrew Wheat, research director for Texans for Public Justice, a government watchdog group. "But once you've created that automatic continuance, you've also created the opportunity for abuse."

Angelo Zottarelli initially hired high-profile Austin divorce attorney Becky Beaver when his case began in January 2008. It went on for a year until Solomons took over as lead counsel and immediately filed a continuance.

Solomons and Zottarelli said their association is the result of a 15-year friendship and the need for a lawyer with real estate experience in what has become a drawn-out divorce.

Piper said divorce lawyers, including Beaver, handle real estate issues on a regular basis.

"Becky Beaver is one of the premier family law specialists in Central Texas, if not the state," said Piper, who has worked such cases for more than 30 years. "It's difficult to see anything that's unique" in this case.

Lawmakers first gave themselves the continuance in 1929. In the past, companies involved in lawsuits would hire legislators to join the legal defense team just before a session began, Wheat said. The case would then be delayed until summer (or later if the governor called a special session), and the lawmaker would usually drop the case without spending a day in court, he said.

But such abuses are less common now, said Tom "Smitty" Smith, state director of Public Citizen, a consumer advocacy group.

In 2003, Gov. Rick Perry signed a bill that requires lawmakers to file copies of legislative continuance motions with the Texas Ethics Commission.

The documents aren't required to include information such as when lawmakers took a case or how much work they've done, but the reforms have been enough to reduce the number of continuances, Smith said.

A review of commission files showed legislators — 66 of the 181 lawmakers are lawyers — have sought about 122 continuances because of this session.

That compares with 155 filed before or during 2007's regular session and 319 from the 2005 session. Lawmakers went on to file more continuances during the 30 days after the session in both of those years.

As of Wednesday, Rep. Roberto Alonzo, a Dallas Democrat and criminal defense lawyer, had requested 42 of this session's continuances, including multiple extensions for several clients and continuances for two of his children in Dallas and Zavala counties.

Alonzo said most of the cases involve misdemeanors. His son's case in Dallas County Truancy Court is about a failure to attend school charge, the court clerk said.

"I use it judiciously," Alonzo said. "It's my client. I want to do the best for them."

In cases when a client wants to delay a trial for more subjective reasons, it seems that bringing a legislator on board is used as a guarantee for more preparation time.

Kentucky-based Lexington Insurance Co. hired Rep. Craig Eiland, D-Galveston, as a co-counsel in a lawsuit filed by a Houston condominium association, exactly one month before a Feb. 23 trial date. The motion for a continuance describes how Lexington needs more time to prepare for new and additional claims in the suit. Toward the end, it mentions that because Eiland now works the case, "a continuance is mandatory."

"I'm a damn good lawyer," said Eiland, a former vice chairman of the House Insurance Committee. "But I'm not quite so naive to believe (being a representative) didn't hurt."

Lexington representatives did not return repeated calls for comment.

Eiland said he plans to be in court July 7 and that he has prepared 15 witnesses.

As for Zottarelli's case, Solomons said it's simple.

"He's my friend," said the chairman of the House Committee on State Affairs. "He asked for my help."

This session, Solomons helped persuade Zottarelli to hold weekly dinners for a select group of lawmakers at the lobbyist's office near the Capitol. The dinners died off as legislative activity picked up, but members could still be seen sipping drinks and smoking cigars on Zottarelli's porch toward the session's end. All told, Zottarelli spent about $15,000 on food and beverages this session, according to Ethics Commission fillings.

When asked if he plans to be working the divorce case after the session ends, Solomons said, "As far as I know, I am. Unless he fires me."

Current law requires the signed motions to include a declaration that lawmakers will "actively participate" in the case and have not taken the job to buy a client more time.

That's not enough, said Smith, who says the practice should be abolished.

"Most legislators could easily give their conflicted cases to other people in the community or their partnership," he said. "Unfortunately, the misdeeds of a few have created a problem for the rest."

Solomons returns to trial July 13. He said he plans to ask for another extension.

Alexandra Gonzalez-Waddington is a Savannah GA divorce lawyer & Richmond Hill Georgia Military Divorce Lawyer Georgia domestic mediator. She is an Savannah Georgia divorce lawyer, GA child custody attorney

Wednesday, June 3, 2009

Savannah GA Divorce Lawyer - Richmond Hill Custody Attorney

Five Things Every Married Woman Needs to Hear About Divorce
Kiri Blakeley, 06.03.09, 05:20 PM EDT
Forbes.com

Posted by Savannah GA Divorce Lawyer - Richmond Hill Custody Attorney

Divorce is never easy, but following these guidelines can make it more manageable in the long run.
Not many people enter marriage thinking it will lead to divorce. While accurate divorce rates are difficult to calculate and often unreliable, many social scientists conclude that up to 40% of marriages are terminated. The chances are fairly high that you or someone you know will get divorced.

"It can be the worst thing you've ever gone though in your life," says Brette Sember, a former divorce lawyer and author of a series of divorce books, including The Complete Divorce Handbook (Sterling, 2009). "You're hurt, sad, frustrated, scared and can't think clearly."

Regrettably, it is also one of the most important times to keep your wits about you, as the decisions you make during this time can affect you for the rest of your life. While divorce laws vary from state to state, here are some basic, but vitally important, guidelines to keep in mind.


Keep Your Business Head

A divorce can be an emotionally wrenching time. The first thing you might want to do is burn your husband's belongings, slash his tires, grab the kids and the stock portfolio and make a run for it. Don't do any of it! Remember that everything you do from here on out will be taken into account by a judge ready to decide your fate.

Sember recommends doing everything you can to think rationally during this time: See a therapist, join a divorce support group and rely on close friends. She adds: "When you are angry, you can make impulsive decisions that are not good for you in the long run, like saying, 'Fine, keep the house!' Divorce is a business negotiation, and you've got to get your business head on." As long as you are not in danger, it's better to stay in the house so you can continue to gather financial and other information.

Grow Up and Take Control

Unfortunately, many women, even powerful professionals, are still in the dark about household finances. "Even the women who could be in charge of lots of money at work just step away from being financially responsible in their personal lives," says Margery Rubin, divorce coach and author of What Your Divorce Lawyer May Not Tell You (Simon & Schuster, 2009). "It's that 'Daddy will take care of me,' type of thing. I call it the 'Little Girl' syndrome."

But when you are divorcing 'Daddy,' it's time to grow up. You need to dig deep into the finances--copy your husband's tax return or your shared tax returns. Many women, say lawyers, still just sign on the dotted line, or have their husband sign, without taking a good look at the information. Compile all the credit card statements, banks accounts, bills and a list of out-of-pocket expenses so you can make a budget and know what you're entitled to ask for financially.

"Literally, take the whole filing cabinet to Kinko's and photocopy everything," says Chicago divorce lawyer Beth Fawver McCormack, who also recommends "dumpster diving" for information that was thrown in the trash and putting keyboard sweeping software on shared home computers to find out about hidden bank accounts, businesses or other information. (If it is not a shared computer, but one used solely by your husband, seek counsel first.)

If you plan on charging that joint marital assets were squandered on a mistress, drugs or gambling, you can most likely get some of that money back, but you need proof of what was spent. More reason to dig through the trash, credit card bills and shared computer. By the way, if you find out about an affair and then resume a relationship with your husband--go on vacation or even have marital relations--you can no longer hold the affair against him in court. So if it's over, make sure it's over!

Hire a Lawyer Who'll Work With You

This may seem like an obvious one, but women often go from letting a man at home dictate their lives to letting a lawyer do the same, says Rubin. "You need to educate yourself about your rights, so you can direct the lawyer. The lawyer is going to walk away, he'll be paid and you'll never see him again. Meanwhile, you have to live with his decisions forever."

Rubin shares how, during her divorce 15 years ago, her lawyer routinely made decisions without consulting her, and even went so far as to tell her that she didn't "need" a car when she requested one of the family automobiles. "I should have known from the beginning that he was talking down to me," she says. "The way your lawyer talks to you is a big deal."

It's better to fire a lawyer you feel uncomfortable with sooner rather than later, says Rubin, because after a while, he or she will be too entrenched in your case. "If you are always being forced into a corner and constantly giving in to the other side, that is a bad sign."

Face Today's Tough Economy

The economic downturn has made divorce more complex than ever. Because a couple's largest asset is often their home, and most homes have lost some if not all of their value, selling a home and splitting the sale 50-50 is less attractive than ever. The situation is so bad, says Nancy Chemtob, a New York City divorce lawyer with celebrity and billionaire clients, that many couples are putting off divorce until their financial situation improves. This way, homes and stock options don't have to be sold and split with neither party making a dime.

"They might agree to stay together until the fair market value of the house is X amount of dollars," says Chemtob. However, since 2008 tax returns are used for a divorce filed in 2009, some parties might decide to take their chances and "cash out" of the marriage before things get even worse. One may hope for a lower than usual valuation on assets, so that they can buy out the other party at a discount.

Consider Legal Alternatives

Divorce can be acrimonious, but for those couples that are amicably going their separate ways, or maybe just want to avoid the trauma of a courtroom, something called Collaborative Law, a fairly new process offered as an option in most states, may be the way to go. "At the end of the day, it can be a better outcome because both parties arrive at a solution, rather than leaving it to someone in a black robe," says McCormack, who says about 10% of her clients decide to use the collaborative method. It can also be much less expensive and less taxing on children.

While each party is represented by attorneys who are certified in collaborative law, each must also sign a contract committing to stay out of court. If the process falls apart and the parties decide to take it to court after all, they need to start from scratch and hire new lawyers. "You don't put away the law, but you become a team dedicated to deciding what is best for the future of you both," she continues. More information can be found on collablaw.com.

Other people might choose to use a mediator, a somewhat different approach. Here, an independent third party trained in mediation is retained to help each party reach an agreement. Lawyers can be consulted during the mediation process, but usually aren't (to save money). However, each party must individually consult a lawyer before the mediation agreement is signed. Mediators (you can locate one near you on Mediate.com) can recommend "mediation-friendly" lawyers. Depending on how complex the divorce is, one can have anywhere from a few to a dozen mediation sessions. Divorce coach Margery Rubin warns that mediation will not be successful unless both parties are communicative and trust each other.

Alexandra Gonzalez-Waddington is a Savannah GA divorce lawyer & Richmond Hill Georgia Military Divorce Lawyer Georgia domestic mediator. She is an Savannah Georgia divorce lawyer, GA child custody attorney