Recent Blog Posts in November 2009 |
| November 16, 2009 |
| Emergency Custody Orders for the Holiday Season |
| Posted By Jim Green |
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Everyone wants to spend time with their kids during the holidays, and this can cause visitation disagreements. One parent might have plane tickets for the kids and the other parent is being uncooperative. There are many scenarios that require Court intervention during the holiday season. Often, the disagreements arise shortly before the holiday and do not allow enough time for a motion to be filed and heard by the Court. In these cases, it is necessary to have an attorney go into Court on an ex parte basis so that immediate orders may be given by the Court. If the Court finds that an emergency exists, the Judge will make immediate orders so that the situation is resolved in a timely manner. It is essential that an open line of communication exists with the opposing party so that these problems can be spotted prior to the visitation exchange. This will allow you to get into Court and get an immediate order from the Judge.
James Green, Partner
Claery & Green
Attorneys at Law
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| November 14, 2009 |
| My Spouse Wants a Divorce - I've Been Served with a Petition for Dissolution, What do I do Now? |
| Posted By Lance Claery |
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If you have been served with a petition for dissolution of your marriage(divorce), you are likely wondering what you need to do. It is imperative that you respond to the petition in a timely manner and that your response is filed and served properly. Otherwise, you will be at risk of being defaulted. This means that the petitioner may obtain orders in your absence (a Default Judgment); and they will likely be unfair orders. It is imperative to take a proactive approach in any litigation you are involved in. In addition to properly filing a response, you may want to pursue temporary orders to address issues while the divorce process occurs. This is especially important if you need temporary child custody and child support orders, spousal support orders, exclusive use and possession of the home you and your spouse live in, and order for any other issue that must be addressed promptly. To obtain these orders an Order to Show Cause request must be filed with the court.
A divorce will ultimately result in final orders set forth in a Judgment. These orders will dissolve the marriage and the issues related to the marriage. These issues include child custody, child support, spousal support, division of the marital assets and debts and many other issues. The paperwork filed with the court must be prepared properly, filed timely and served in the correct manner. In addition the discovery process may be initiated to investigate the existence and value of assets, debts, the opposing party’s income and compensation and to uncover the opposing party’s position regarding the issues, among other things.
It is critical to avoid a passive, “wait and see,” approach in a dissolution. Do not rely on the opposing party’s advice on what you are entitled to. Also, keep in mind that if your spouse has an attorney, that lawyer is advocating for your spouse and only your spouse. The best approach is to immediately consult with an attorney. If you feel comfortable with that attorney, he or she can help you get through this difficult time. An attorney will make sure your documents are prepared properly and filed and served in a timely manner. Most importantly, you will be advised as to your rights and what you are entitled to. You make the decisions; however you should be well informed throughout the process.
Our attorneys are passionate about family law and dedicated to making sure our clients feel like they have an aggressive team of advocates on their side. It is important not to feel alone during the emotionally charged and stressful divorce process.
Lance Claery, Partner
Attorney at Law
Claery & Green, LLP
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| November 10, 2009 |
| What Zealous Advocacy Means to Me - Eli Hammond, Attorney at Law, Claery & Green, LLP |
| Posted By Eli V. Hammond - Attorney at Law, Claery & Green, LLP |
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I take pride in helping each and every client receive the most favorable outcome possible given the facts and circumstances of their particular case. I take an aggressive approach for our client's thereby improving their bargaining position both in settlement negotiation and/or litigation. This philosophy has helped me become a zealous advocate for my clients when they are truly in need of legal assistance.
I have represented more than one-hundred family law clients in a wide array of family law matters and I approach each case with the same zealousness. I have achieved successful results for clients at all stages of the litigation process from any initial hearings to trial.
Eli Hammond
Attorney at Law
Claery & Green, LLP |
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| November 06, 2009 |
| Issues Regarding Child Custody and Visitation for the Holidays |
| Posted By Lance Claery |
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Disagreements regarding holiday child custody
visitations frequently occur between separated parents. This is especially true during the period that includes Thanksgiving, Christmas/Winter Break, New Year’s Eve and New Year’s Day. Some court orders are not clear enough and are interpreted differently by each parent. In other cases, custody orders may be pending and undecided upon. If no litigation has ever commenced then not only are there no orders in place to resolve who has custody during these holidays but there are not even orders in the pipeline and it may be appropriate to commence an action. In all of these scenarios, it is best to address these issues in advance of the holidays.
First, see if you and the other parent can come to an agreement amongst yourselves. If an agreement is reached it should be specific and memorialized in a stipulation which is filed with the court. That way you’ll have an enforceable court order. Many individuals come to my office saying there was an agreement in place and at the last minute the other parent informed they have reneged; they cannot do this if a court order is in place. The stipulation should include specific language regarding the time and place for the exchange, exchange of itineraries, contact information and where the child(ren) will be, to name a few. A family law attorney can help you draft a stipulation. If you cannot agree and foresee the need for a judge to make orders, keep in mind it can take 45 days or more to get a court date set. Therefore, plan in advance.
Talk to your child custody attorney before the holiday season so you can plan your holiday schedule and any travel plans in advance if possible.
If you were unable to plan in advance and the holiday is fast approaching, you may still resolve the problem. Your lawyer may negotiate a visitation schedule for you and obtain an agreement. Another option would be to request ex parte, emergency relief – such as an order shortening time—to expedite a hearing or to obtain emergency orders when appropriate.
The holidays are special for all families. A good family law attorney may help ensure that you obtain an agreement or court order you are comfortable with.
The principles set forth here would also apply to any major holiday—Mother’s Day, Father’s Day, birthdays, Easter, Spring Break, Chanukah, Memorial Day, Labor Day, Fourth of July, etc.
Lance Claery, Partner
Claery & Green, LLP
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