Divorce Law Journal

Standards of Practice for Lawyers Representing Victims of Domestic Violence, Sexual Assault and Stalking in Civil Protection Order Cases

These Standards of Practice (2007) are available online from the American Bar Association, Commission On Domestic Violence. Adopted by the American Bar Association House of Delegates in August 2007, these black letter Standards of Practice are intended to improve the quality of legal representation of victims of domestic violence, sexual assault and stalking; to enable lawyers to effectively, ethically, and holistically represent victims in civil protection order cases; and to raise awareness about the need for high-quality representation for victims of domestic violence, sexual assault and stalking in civil protection order cases. Our hope is that the Standards (and additional commentary) will be integrated into trainings for new and/or pro bono attorneys representing victims in protection order cases and provide guidance for organizations advocating for victims of domestic violence. Download StandardsBlackLetter.pdf

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10 Myths About Custody And Domestic Violence And How To Counter Them

From the American Bar Association, Lawyers who represent victims of domestic violence in custody matters often encounter these common myths. This one-page tip sheet provides facts and recent statistics for use in litigation.Download custody_myths.pdf

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Lawyers Are Using Social Networking Sites

Check out Beyond googling: More and more, lawyers are using social networking sites as litigation tools at Indiana Law Blog. We routinely Google. Guess it's time to get with the times and add Facebook and MySpace.

National Center for Missing & Exploited Children Announces Creation of an Attorney Manual for Litigating Hague Convention Cases

The National Center for Missing and Exploited Children announces:

The International Missing Children’s Division of the National Center for Missing & Exploited Children is very pleased to announce the creation of a practitioner’s guide to litigating Hague Convention cases. The manual, “Litigating International Child Abduction Cases Under the Hague Convention,” was prepared by the law firm of Kilpatrick Stockton LLP and is a valuable resource for all attorneys litigating Hague Convention cases in U.S. federal or state courts. The manual provides guidelines and relevant case law relating to litigating a Hague Convention case for the return of or access to a child.

The manual is online.

Divorce Planning Tip - Securing Communications

From Shannon Cavers at Houston, Texas Divorce and Family Law Attorney Blog:

An important question I ask of all clients is whether they have a secure e-mail address and a "safe place" to receive mail from my office. When spouses are in the beginning phases of the divorce process, accidentally alerting the other spouse to divorce plans can have a negative impact ranging from tipping one's hand early too early or up to and including domestic violence in extreme cases.

If you plan to correspond with your attorney via e-mail, make absolutely sure that your spouse cannot access your e-mail account. You might consider changing your password or opening a new e-mail account.

In terms of "snail mail," you might consider renting a PO Box through a United States Post Office location or a private company such as the UPS Store, or Mailboxes, etc. This is an inexpensive way to make sure your confidential communications with your attorney are not compromised.

May I add dialing *67 before the phone number when the lawyer or staff member returns the call of a prospective client?

Jefferson County, KY Pro Se Divorce Forms Now In Use

Jefferson divorce packets cut costs is the headline of Jason Riley's front page Courier-Journal story this morning, online here. Over 600 people have started using the forms. As we reported here last spring, Hon. Stephen M. George, Chief Judge, Jefferson Circuit Court, Family Division, was the 2007 recipient of the 1st Annual Family Court Judge of the Year Award presented by the American Academy of Matrimonial Lawyers Kentucky Chapter. Judge George was honored for his efforts in addressing the needs of pro se litigants, inter alia.
Steve Kriegshaber, CLE Chair, presented the award to Judge George.
Beyond helping individuals who cannot afford a divorce, these forms will hopefully help our courts process those cases of individuals proceeding without counsel. People who don't know what they are doing are contributing to the backbreaking clog in our judicial system. Kudos to Judge George and to Melanie Straw-Boone, Chair of the Louisville Bar Association Pro Bono Consortium, who spent long hours with her group developing the forms.

Perfecting Your Role As An Attorney

Robert J. Durst, Chair and Shareholder of Stark & Stark's Divorce Group (NJ Law Blog) and active AAML Fellow, authored the article Perfecting Your Role As An Attorney, for the August 13, 2007 Family Law supplement of the New Jersey Law Journal, online here. The short article is a great trial practice primer/reminder for those family law practitioners lapsing into less than stellar advocacy.

Interstate Modification Of Child Support

The child support "goddess", Laura Morgan, has a helpful article on her website Child Support Guidelines about interstate modification of child support which you can find here.

The Family Lawyer's Guide to Stock Options

The ABA has just published The Family Lawyer's Guide to Stock Options by Lester Barenbaum, Walter Schubert, and Robert Feder
Here is the ABA's description of the book:

From valuation to taxation and distribution, "The Family Lawyer's Guide to Stock
Options" provides practice-focused guidance on handling all issues involving
employee stock options in a divorce case.

This handy resource explains the terminology and valuation criteria when a
divorce involves stock options, beginning with how and when they are considered
marital property. Valuation is critical, and the book explains the assumptions
made in valuation and how those assumptions are validated. Other topics covered
include:
- Employee tax liability resulting from the exercise of stock options
- Taxation differences between incentive stock options (qualified) and
nonqualified options
- Impact of new tax rulings on the net proceeds from exercise of options
- Methods of distribution

"The Family Lawyer's Guide to Stock Options" also covers how they are used as
income for alimony and child support cases, including a review of major court
cases. It also covers using a constructive trust to manage the use of employee
stock options as part of child support.

This book includes helpful appendices and materials to further explain employee
stock options, including:
-- 50-state survey of all reported stock options cases
-- Sample provisions for property settlement agreements
-- Comprehensive discussion of tax ramifications
-- Discovery checklist
-- Nationwide court decisions for child support and alimony
-- Glossary
-- CD-ROM with appendices, including sample language, checklists, and charts
May 2007, 144 pages + CD-ROM, 6 x 9, paper, ISBN: 978-1-59031-790-7

Review the Table of Contents here.

Price: $59.95 for ABA Section of Family Law members / $69.95 for nonmembers. To
order online, please click here.
To order by phone, please call the ABA Service Center at 1-800-285-2221 and request product code 5130147.

You might also be interested in:

** "How to Build & Manage a Family Law Practice" --

** "The Military Divorce Handbook" --

** "The Complete QDRO Handbook, Second Edition"

Preparing For Divorce

Alabama Family Law Blog posts a series of articles about preparing for divorce:
Step 1 - Find a Wise Guide
Step 2 - Make an accounting of the family finances
Step 2A - Determine what you own
Step 2B - Determine what you owe
Step 2C - Determine Income
Step 3 - Make photocopies of all the financial records
Step 4 - Prepare a budget (or two)
Document & Safeguard Personal Property
Step 6 - Establish your own credit
Step 7 - Assess the Financial Accounts
Step 8 - Address the Credit Accounts
Step 9 - Avoid additional debt or major purchases
Step 10 - Stay Put (until further notice)
Step 11 - Keep a diary