“No fault” divorces are the cheapest and easiest to obtain. But they are not like a trip to the DMV nor are they as easy as filing out a tax return. Due to Virginia’s particular procedural requirements, the University of Richmond recently estimated that an average attorney spends about 5 hours on a no-fault divorce case. So “cheap and easy” is relative. With this post, I hope to provide some information about how much a “no fault” might cost as well as information about alternatives to typical legal fees.

By “no fault” divorce, I mean that the parties agree that they want a divorce and they have either reached an agreement about their assets and liabilities, or there are no assets. With children, the parents need to have lived apart for a year. With no children, the separation should have lasted at least 6 months. If there are children, the parents need to have figured out who will have custody, how much support will be or the children should be adults. If any of these details isn’t sorted out, then the folks have a “contested” divorce.

Typical expenses when obtaining a “no fault” divorce in the Metro Richmond area include a court filing fee (which is around $79); in some cases there must be a service of process fee (varies depending on where the other spouse lives. Expect to pay $200 or more if the spouse is out-of-state or hard to locate; perhaps $30 if the spouse is nearby and you will pay nothing if the spouse will sign an acceptance of service form prepared by your divorce lawyer); and, in some cases, a fee for a court reporter (around $100 depending on how much needs to be transcribed). And, of course, there can be lawyer fees. Continue »

Most folks first contact lawyers by telephone. When you call a lawyer about taking your case, be prepared to tell them your full name, the name of the other person involved, and the court plus the county or city where the case is likely to be heard. During the first phone call, potential clients may be asked to visit the lawyer’s office for an initial consultation, or first meeting. Here’s how that may work:

I (and most of the divorce lawyers I know) charge for the initial consultation at the hourly rate of the attorney who consults with the client. This is payable at the time of the consultation. While I try to keep initial phone calls short, gathering just enough information to get a general idea of the case and to make sure no one at my firm has talked to the potential client’s spouse, most of my consultations last between one and two hours.

The initial consultation will provide the client with the opportunity to determine if they want to hire the attorney, and it will provide the attorney with the opportunity to assess the case and determine if he or she can represent the client. When I meet with folks, I try to do an assessment of how much time will need to be spent on their case so I can determine if it can be balanced with my existing case load. The goal is to provide everyone with good service and to avoid being overloaded. I also try to determine if there are any ethical conflicts which would prevent me from taking the case.

Thus during the first consultation, the client will be asked for information about his or herself, the marriage, the property and finances. Clients will probably be asked to fill out a form with some basic information about their family. Clients will be given some advice and answers to basic questions about their situation. In the limited time attorney and client have to spend at the first meeting, lawyers cannot get into extensive detail, but there will be an opportunity to get the lawyer’s general opinion about possible courses of action in the case. I always try to give folks an overview of their rights and responsibilities in the first meeting. Continue »

My law school alma mater, the University of Richmond, recently teamed up with Williams Mullen and the Virginia State Bar Senior Lawyers conference to launch a program helping qualified seniors with basic estate planning services. With the help from law student volunteers, they provided wills, powers of attorney and advance directives (also called Living Wills) for free. A one-day document preparation program was held in May at Senior Connections here in Richmond. If you need help, contact Senior connections and let them know as more programs are planned for the future.

If only it was just a country music song. A Georgia family law blog has a great post with specific clues about cheating spouses. Check it out here.

If you want to hire a lawyer, or maybe just talk to one, here are five tips to keep in mind before you pick up the telephone and make that first phone call:

1. Leave a clear, succinct message that include your name (say it clearly and slowly, voice mail can be tricky to understand. When in doubt, spell the last name), the issue (like custody or divorce or spousal support), and your phone number where I can reach you during normal business hours. If you know where the case will be heard (like Henrico juvenile court or Chesterfield circuit), say that, too.

2. Be polite & sober. And don’t call at a weird hour, like 1 a.m. That’s just creepy.

3. Don’t start asking for special accommodations in the first call. Voice mails are first impressions. If you are impossibly demanding in the first phone call, why would someone want to call you back? Just like in dating, if you are too needy too soon, people may avoid you.

4. Be reasonable. One Monday, I had 2 voice mails from one guy. First was left at around 6 p.m. Friday. The next was Sunday afternoon, wanting to know why I had not called back. Seriously.

5. Don’t email AND leave a voice mail. Sending two messages about the same thing wastes time, yours and mine. Time is money to a lawyer. If this is the first contact I have with you, it leaves a negative impression.

I get TONS of e-mail and voice mail messages each day and with the exception of spam and telemarketing, I try to respond to each one. Aside from weekends, holidays and the occasional vacation, I try to get back to people within a day. My current clients get first priority. After all, they are paying customers and they deserve the best service. Next I call back opposing counsel. Then former clients who have a quick question or something new they may need help with. Finally, I get to the new inquiries.

From the comments I get from many prospective clients, I take it that many lawyers do not return most of the inquiries that come their way. Some folks apparently won’t call prospective clients back unless they mention being sent to them from someone the lawyer knows and trusts. There are others who do not seem to call anyone back. I am still waiting for a return call from one local attorney who is an opposing counsel on one of my cases. I left a message for her on December 30, 2007. But I digress.

I call back all prospective clients, so long as they sound sober and they leave a name and phone number. This actually eliminates a number of callers. Divorce lawyers get some crazy voice mails. Like 3 a.m. calls to our office by people who are clearly intoxicated and thinking about their child support. People babbling conspiracies and vague threats. People who leave their name or their number and not both. The over-the-weekend voice mails are the worst. Every law firm I have worked for has always had a raft of weirdness waiting on the phones on Monday mornings. Continue »

The ugly Christie Brinkley/Peter Cook divorce case settled late last week after five gruesome days of trial. As the case unfolded in court, the international media was filled with ugly details about the couple, including that Mr. Cook cried as his teenage paramour testified and that he apparently spent $3,000 a month on internet porn.

So what did we learn?

No, no. I do not mean that we should all get into the internet porn business. Legally speaking, what did we learn? Continue »

Discovery is a standard part of contested divorce cases but many clients find it confusing or overwhelming. With this post, I will attempt to explain the process and why it is important.

“Discovery” is a formal process for sharing information with both sides to a court case. In Virginia, some sort of discovery is generally used in contested divorce cases but NOT in typical juvenile and domestic relations court cases.

Usually discovery is done with paperwork called “Requests for Production” and/ or “Interrogatories” but sometimes depositions are held as part of the discovery process. Request for Production seek documents or things (or, sometimes, access to property for an appraisal or inspection). Interrogatories ask a litigant questions which he or she must answer under oath. There are no specific limits to the number of Requests for Production that can be asked but each side is limited to 30 Interrogatories. Both Requests for Production and Interrogatories must be responded to within a fairly tight deadline (usually 21 or 28 days).
Quite often my clients feel overwhelmed when they receive written discovery questions to answer. This is understandable because the “typical” written discovery request in a divorce case can total 50 pages and look like some sort of graduate school exam from Hell. It can also require you to produce mounds of paper, like bank statements for five years plus tax returns, canceled checks, brokerage statements for years and so on. Continue »

A friend called the other day to thank me for recommending a certain lawyer to them. She had just won a tough custody case. My recommendation wasn’t her first lawyer. Previous counsel had been unsuccessful. But this time everything went my friend’s way and she was very pleased. I was glad she finally hired the lawyer I’d been suggesting.
“(The recommended lawyer) did such a great job,” my friend said. “He read everything I sent him and always returned my calls promptly. He worked closely with me and he knew my case as well as I did, long before we got to trial,” she said. “He was low-key and very gentlemanly and the judge just seemed to respect him and really listen to him.”

My friend had hired two lawyers before she finally went with the one I suggested. The first was very combative. She sent ugly letters to the other side but did not always return my friend’s calls. When she did call my friend back, Ms. Combative Lawyer mostly talked about going to “war” against my friend’s ex-spouse and “fighting for” my friend. She goaded my friend’s desire for justice and revenge. At court, she got into a shouting match in the hall with the other attorney. She charged my friend a modest fee up front but then ran up a whopping bill over time. And she lost. Continue »

The Chicago Tribune recently had this interesting article, which notes some of the land mines that await the unwary when dividing retirement assets as part of a divorce. When considering a split of assets, one should always consider the tax implications involved with retirement assets. Be aware that, as with all thing involving the tax code or other federal laws, there are lots of picky rules which can cost you big money if they are not complied with. Be sure to consult a CPA with experience in divorce and retirement asset issues, or a family law attorney, before agreeing to any asset division involving retirement or pension assets.