Posts Tagged ‘agreement’

If It Isn’t Paradoxical, It’s Not True: Custody Myths Debunked

Thursday, August 9th, 2018

Let me start by stating what is too often overlooked: there are not extremely obvious answers or simple solutions in child custody battles. In my experience having taken several hundred custody and visitation disputes to trial, I have learned a few things that could potentially help a litigant in these stressful cases.

My intention is simple today: to bring basic common sense into the murky water of domestic custody disputes. The myth is this: the worse I make the other parent/ex/spouse appear, the better I appear to the court. Not so fast, as we shall see.

Once upon a time I had a client who was probably, but not certainly, the better parent when compared to her husband, but she made a relatively simple custody victory elusive by getting in her own way….it often happens. When testifying about the parenting skills of her husband (who sought full physical and legal custody of a 6 year old little boy), she would instantly and consistently revert to name-calling and bashing the man she married years ago. Most of her testimony focused on his numerous affairs, not his skill in parenting. He was far more collected and even-tempered than she. He did in fact have several admitted extramarital affairs, and she clearly was not past any one of them. Her wounds were simply too fresh to focus on her child. To him, her insults were like water off of a duck’s back….and therein lies the rub.

Even though we did eventually secure a favorable result, our understandably angry client would likely have spent a fraction of her final invoice if she had bitten her tongue, if even every so often. She was clearly so upset with her husband that she lost all sight of the one thing the court cared about: what was best for her little boy. A case that could have been resolved in a couple of months instead required a couple of dozen hearings and far more too much wasted time.

Even though it is quite tempting to use a Chancery Court proceeding to tell the whole story about the downfall of a marriage/relationship, some things are much better left unsaid. Please realize that the court already knows you don’t have warm, fuzzy feelings about your ex/spouse, or you wouldn’t be there in the first place. It is already well-understood. Slinging mud at your ex often simply irritates the Chancellor hearing your case. Often the best thing to say in court is nothing at all, especially if it causes distraction.

The paradox lies in a simple misconception; that having more negative to say about your child’s other parent will score points, therefore you win. Not so fast; goodwill and maturity go a long way–Mississippi Chancellors appreciate calm reasoning and the desire to get along, particularly for the childrens’ benefit, if nothing less. Don’t ever think you are worse-off than the next custody litigant. Cooler heads most often, and likely should, prevail. Often the litigant who is emotionally-charged teters on the brink of appearing to alienate a child’s innocent affection of both mom and dad.

The attitude a child custody litigant brings with them to trial is overtly paramount to the success of their claim and the efficiency in obtaining a positive outcome. It is very easy to lose sight of what matters most to the court: the best interests of children. Emotionally-charged litigants often forget that their testimony will not only be judged on its believability, but on its responsibility and focus.

My best advice to anyone going through a custody fight (whether or not in a divorce or a custody/modification proceeding) is to remain calm and stay focused on your kids. Forget about the indiscretions, the lying, the cheating, or whatever else your ex did to bring you to disappointment UNLESS it has a direct bearing on your children. It’s usually water under the bridge. Don’t forget that Chancery Court judges are human too, and they hear bickering on a daily basis. It gets tiresome at the least. The myth is that mudslinging is effective; the truth is that it is not very productive.

If you are seeking an attorney who has a clear view of the big picture in a custody dispute, I will gladly lend my advice. Shaping your testimony and being in the right frame of mind are fundamental to winning child custody disputes. If you are prepared to consider viewing this type of litigation from a fresh, objective, and realistic perspective, give us a call.

Matthew Poole is a Jackson, Mississippi Family and Domestic Attorney with 14 years of focused experience in child custody litigation and divorce.

Corporal Punishment vs. Child Abuse: A Thin Line

Wednesday, August 1st, 2018

Can your child be taken away because of a simple spanking? When I was elementary school at a public institution in Rankin County, Mississippi, I had the misfortune of enduring the school principal’s penchant for enforcing rules by use of a very large paddle, equipped with golf-ball sized holes in order to increase the velocity of each collision. In the early 1990’s, it was standard fare to expect a good old-fashioned whipping from school administration for playground roughhousing or any other number of youthful misdeeds. Boy, how times have changed.

In today’s world of political correctness and fear of legal liability, it seems that those days are long gone, and will likely never return. Parents have often asked our office whether or not a Youth Court or Chancery Court has the authority to take their children from their physical custody wherein there has been significant corporal punishment. Gone are the days of schools bruising the rear-end of a miscreant child (usually boys, alas).

Desoto County, Mississippi recently dealt with an appeal revolving around the question of distinguishing between reasonable discipline versus child abuse, and the line is very thin and broadly within the discretion of the trial court in civil matters. In this particular instance, the appellate court had to consider the sufficiency of evidence utilized by the trial court in removing four children from their father’s custody. At hand was a simple query, at least at first glance.

The appellate court first, and a matter of proper judicial due course, considered the bare language of the applicable Mississippi statute, section 43-21-105(m). In pertinent part, said statute provides that an abused child is one “whose parent….has caused or allowed to be caused, upon the child… emotional abuse, mental injury, non-accidental physical injury or other maltreatment”. Wow, talk about a broad definition, allowing wide discretion for the judge. However, the statute on point also states that “physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section”. Thanks for the semi-clarification, right?

It seems to me that the question of whether or not corporal punish ment of a child is violative of Mississippi law comes down to good old-fashioned common sense. While the criminal statutes regarding abuse of minors are relatively easy to interpret, the civil law remains open to broad interpretation. It is my hunch that any physical punishment that is accompanied by bruising or other visible signature will likely run afoul of the statute on point, but the margin for interpretation is razor-thin. Foremost, always remember that the court will have wide leeway in drawing the line between abuse and reasonable corporal punishment. No two judges are the same and may see the same thing differently. Reasonable minds may, and will often, disagree.

If you are dealing with allegations of abuse or neglect and need guidance and effective legal counsel, we will gladly be of assistance. Always trust your better judgment and recognize that any child punishment of a child must not be done out of anger. In the words of the American author and Unitarian minister Robert Fulgham, “All I Really Need to Know I Learned in Kindergarten”. Well said.

Matthew Poole is a Jackson, Mississippi family lawyer focused on case evaluation and domestic conflict management. He was admitted to the Mississippi Bar in July, 2004.

Frontline Prospective On Child Custody Law

Friday, April 13th, 2018

Working under Matthew Poole, a saying that I hear almost every day in the office is: “if everyone was reasonable, child custody lawyers would be out of a job.” As the main individual who handles calls to our office, I can tell you from first-hand experience that this is true. Working in a family law office can definitely show you the bad side of good people, and the people that call our office are usually in situations where tempers and emotions are high. As the person in our office who handles the majority of these calls, my perspective is that there are things that people can and should do to both save money and to help their situation in the long run.

From the start of my employment here, I noticed some commonalities between the variety of different calls we would receive on a daily basis. The main commonality in every call that we have received is lack of communication between the potential client and the person they are having issues with. If I could give any advice to those in these situations it would be that communication is key. There are so many situations where if the two people could just put differences aside and start a conversation with one another, it would save them so much heartache and money. After an extensive case study on custody matters, our office has found that 25% of people agree to settle their case with the same agreement that was offered to begin with. This shows that if the two people could just communicate without getting attorneys involved, they would not waste thousands of dollars on litigation; giving them more money to spend on the child.

I understand that communicating in situations like divorce and child custody can be tough. But in those circumstances, particularly when children are involved, being able to talk to the other side is vital. For instance, being able to have an open dialogue with the other parent in a child custody case can and will make it easier to deal with them later on down the road. Even though it’s hard, it would be so beneficial for the children if their parents were able to talk and communicate with each other about the children’s needs. It’s not easy for someone going through something like this to shelf their emotions and be the first one to reach out and start a dialogue, but in all honestly it is the best course of action to resolve their issue. To put it simply, every dollar spent on a lawyer could be spent on the kids. Why waste resources on litigation when simple communication could resolve the issue and leave that money available for the child? Doing so would dramatically decrease stress and replace it with tranquility. Just remember, the happier that a parent is, the happier the child will be.

Price is certainly something that most potential clients are sensitive to, and therefore we encourage all of our clients to attempt to talk with the other side as much as possible. Communication can help iron out many of the problems present, and can lower costs greatly for both parties. We understand this can be tough in a situation where there was a falling out of a once caring relationship. Unfortunately, there are times where starting a conversation is next to impossible and getting an attorney involved is the only option. If you believe hiring an attorney is your only avenue of relief, call the Law Office of Matthew S. Poole. We will do our best for you when communication has broken down in your relationship to get you a fair result.

Written by J. Tyler Cox, J.D. Candidate, Mississippi College School of Law, Class of 2018.

Age 12: Not A Magic Number

Wednesday, October 11th, 2017

The law is full of misconceptions, and one of the most common ones that our office receives calls about is the role a child plays in a custody case. Many people seem to believe that when the child reaches age 12, they have the choice of which parent to live with. While age 12 does have some significance in custody cases, it does not give the child license to make that decision entirely on their own. It does, however, allow the child to express a preference, and the way the child chooses to do that may largely affect the outcome.

It is often a joke with lawyers that if we allowed children to make their custody decision, the child would pick whichever parent allows them to jump on the bed and have ice cream for breakfast. That is a slight exaggeration, but judges acknowledge that many 12-year-olds do not have the maturity to make the best decision for themselves. Several factors go into the judge’s decision on how much weight to give the child’s preference, such as the child’s age, their reasons for their preference, and the judge’s personal sense of the child’s maturity level.

If the child has good reasons for picking the parent they want to live with, a judge will most certainly consider the child’s preference. Good reasons include the school situation, the home environment, and, to some extent, the child’s community record. Reasons that will most likely not persuade a judge include picking the more lenient parent, being closer to a girlfriend or boyfriend, or, like the old joke goes, the parent who lets the child eat pizza for every meal. Ultimately, the case largely leans on the child’s ability to make a thoughtful, reasonable argument to the judge about what living arrangement is in the child’s best interest. Below are some examples of good and bad arguments by a child for their preference.

What may work: “Your honor, I want to live with this parent because I believe this environment is best for my personal growth and educational opportunities.”

What will probably not work: “Your honor, this parent is stricter than the other, and therefore I do not wish to live with them.”

A child’s living arrangements is an extremely important decision, and courts prefer to have the child involved as much as possible. Allowing a child of 12 years or older to be able to show a preference and giving them the opportunity to speak on their behalf achieves that while still giving the court enough control over the situation to make the decision that is in the child’s best interest. We often hear the misconception that the child has control over their custody arrangement, and while they do play a role, it is not as great as many people believe. If you or someone you know has a custody problem, call the Law Office of Matthew S. Poole. Our office has the experience and knowledge to properly address your case and achieve a fair result. With any questions, call our office at 601-573-7429.

In Loco Parentis: A Mile In Their Shoes

Wednesday, September 27th, 2017

Many of us have figures in our lives that mirror the role our parents play. Someone you trust, respect, and love. In some adult-child relationships, those people can step into the role of a biological parent. The doctrine of in loco parentis, which roughly translates to “in the place of a parent” addresses these relationships, and attempts to protect the best interests of both the child and the adult. Because of the delicate nature of these situations, Mississippians should know their rights when they believe that a child belongs with them instead of the natural parents.

When a person stands in loco parentis, they have assumed the status and obligations of a parent. Farve v. Medders, 241 Miss. 75, 81, 128 So.2d 877, 879 (Miss. 1961). This means that person provides parental supervision, support and education as if the child were their own. W.R. Fairchild Constr. Co. v. Owens, 224 So.2d 571, 575 (Miss. 1969). In loco parentis status carries the same rights and liabilities that belong to a natural parent, including a right to custody of the child against third parties. Farve, 128 So.2d at 879.

Although in loco parentis grants these rights, the rights of the natural parents are still superior. Mississippi law recognizes the natural parent presumption, which presumes that the biological parents of a child are the best guardians for that child. A third party’s in loco parentis status, standing alone, cannot by itself rebut that natural parent presumption. Smith v. Smith, 97 So.3d 43 (Miss. 2012). For a third party to rebut the natural parent presumption, it must be shown by clear and convincing evidence that 1) the parent has abandoned the child; 2) the parent has deserted the child; 3) the parent’s conduct is so immoral as to be detrimental to the child; or 4) the parent is unfit, mentally or otherwise, to have custody. Smith, 97 So.3d at 46. This is obviously a high burden, especially given that clear and convincing is the highest standard of proof used in civil courts. Once the presumption is rebutted, courts may then decide the custody of a child using the Albright factors.  http://www.mspoole.com/case-results/albright/.

Children deserve to have the best parental figures available to them. Unfortunately, sometimes the best parent is not the biological one. When someone stands in loco parentis to a child, that child depends on them to be there for them, and the law can help that person keep their rights to do so. If you or someone you know has a question about in loco parentis rights, call the Law Office of Matthew S. Poole. Our office has the knowledge, experience, and passion needed to best address your legal situation, and to help you keep your rights to foster a relationship with a child who needs you. To schedule an appointment, call our office at 601-573-7429.

Myth: Courts Give Mothers Preferential Treatment for Child Custody When Child is Young

Tuesday, July 11th, 2017

Early American courts favored mothers over fathers for custody of young children. The legal tradition of preferential treatment of mothers eventually led to the adoption of the “tender years” doctrine. However, Mississippi courts no longer give preferential treatment to mothers of young children in child custody cases, with limited exceptions.

The “tender years” doctrine is a 19th century principle rooted in common law and stood for the premise that a mother of children of tender years (generally 4 years or younger) was presumed to be the best parent to care for young children. This was the legal rationale courts used to award mothers custody. Mississippi, as have most states, has trended towards a more balanced examination of both parents in determining which one is the best custodial parent of a child. Rather than completely abolish the “tender years” doctrine, it has been included as an Albright Factor (discussed extensively in other blog entries). Thus preferential treatment, as it relates to the “tender years” doctrine, is still a factor, but weighed against all the other factors courts consider.

There are, however, rare exceptions to the general rule against preferential treatment of mothers. When chancellors (family law judges) apply the Albright Factors to their analysis of the parents in a child custody case they do so with the best interest of the child as the overriding determinant. Courts in Mississippi consider it the best interest of a breastfeeding child of tender years to remain with the mother, thus giving these breastfeeding mothers preferential treatment in cases of child custody. Of course a father may present facts to the court, such as drug use of the breastfeeding mother, which override the interest of a young breastfeeding child remaining with the mother.

Suffice to say that the preference given to mothers in child custody determinations has diminished in weight to an appropriate position as one of a dozen or more Albright Factors. Ultimately, courts are going to consider many factors when making a child custody determination of a child of tender years. If you are a father or mother of children of tender years there are many issues to consider with an attorney. Matthew S. Poole has the experience and expertise to assist you in all your child custody needs. If you or anyone you know has a question about child custody matters, please contact the Law Office of Matthew S. Poole at 601-573-7429.

Hindsight is 20/20: Lessons From an Attorney Divorcee’

Monday, July 3rd, 2017

I am currently an attorney in the state of Alabama and have known Matthew Poole since 2003 during our time with the Mississippi Attorney General’s Office. Following is a first hand experience that is significant when confronted with divorce.

The old saying “hindsight is 20/20” is certainly an overused cliché, but could not be more fitting to describe my experience with divorce.  I learned some difficult lessons over the course of what I describe as my “4 year divorce” and my goal is to provide you with a map to avoid the same mistakes I made. You may hear that no divorce is the same, but most divorcees face many of the same pitfalls.  If my open and honest discussion helps just one other dad avoid four years of trials and tribulations, then this blog will be a success. If one child benefits from the message about the importance of co-parenting, this is a pure success.

To paraphrase a wise saying, “you can’t know where you are going until you know where you have been.”  Four years of journaling my divorce provided me the unique opportunity to reflect on where I was emotionally at each step of my divorce.  My journal is a snapshot of my thought process at the very moments I made each mistake in my divorce and would certainly be the “knowing where I was” and having the opportunity to see it in hindsight gives me the clarity I need to “know where I am going.”

Wrong turns in divorce don’t start at the moment the divorce is finalized; not even close.  Vital decisions are made in the pre-divorce period that will carry long-lasting implications and results in newly divorced fathers facing nearly insurmountable odds of being the best dad they can be.  There comes a point in the pre-divorce process that the inevitability of divorce sets in.  For me, this crucial point came after months, or more realistically years, of efforts to keep my family together.  I was physically exhausted, emotionally drained, and filled with anxiety about the unknown.  That is when I made not just the first wrong turn, but THE wrong turn that set me on a path that took me fours years to begin to correct.  I have a name for it. I call it my moment of “white flag surrender.”

Waiving the proverbial white flag was my way of doing what I thought was best for my children.  Remember, if you are in unfamiliar territory and you are exhausted and desperate, you will not make the best decisions for your family.  I agreed to give my ex-wife everything and I mean everything.  My wife got the kids, house, condo, cars, bank accounts, and even family heirlooms.  I walked away with my clothes. I made the mistake of representing myself, and that is something even the finest lawyer should avoid.

My first wrong pre-divorce decision directly resulted in my starting my new life as a single dad unable to support my kids in the way they needed. If you have yet to hear your attorney or judge use the phrase “best interest of the child,” you soon will.  Every decision made during the entire pre-divorce and divorce processes should be made through the lens of what is in the best interest of your child.  That is to say, while contemplating decisions you face, you must ask first “what is in the best interest of the child?” Having two emotionally and financially secure parents is always in the best interest of your children, and by doing what I thought best. I wrecked myself financially and then emotionally, thus, leaving my children with less than 2 reliable parents.  

Navigating the divorce process was stressful, but by putting myself in a position of weakness (i.e. impatience) during my pre-divorce surrender, I fared much worse in the final divorce decree (more on that in later blog entries).  Every hasty decision (there were many!) I made was in the interests of receiving finality instead of with the realization that the court’s order would be in place barring monumental litigation.

Divorcee Life-lesson One:

Pre-divorce is not the time to throw in the towel to all of your ex’s desires and demands, even if you think this might be what is best for the kids.  Remember, two financially strong and emotionally stable parents are what is ultimately in the best interest of the kids. Pre-divorce is tough. The whole process is foreign to you.  You will be scared.  You will be emotionally drained.  You just want the pain and discomfort for everyone to end.  Believe me, I know.  But you will only make matters much worse for your kids, your ex and yourself if you do not position yourself to exit your marriage as financially secure as you can justly make it for yourself. If you resist the urge to surrender (and dang it is a strong urge), you will be a better single father, a better ex-husband, and ultimately, that is all that matter to your children.      

As you set out on your new journey as a single dad, you will need to prepare yourself for the stresses that await you throughout the divorce process. It is pivotal that you fight the urge to waive that white flag before you ever get started. Do not set out on this path alone and don’t be ashamed to ask someone to be a part of your support network. Use every tool you have to remain focused on the best interest of the kids while fighting that urge to throw in the towel. If you will heed this advice you can come out the other side of your divorce much better prepared to take care of your kids while avoiding the four-year journey I took down the wrong path filled with pitfalls disappointment and heartache.

If you are contemplating a divorce, whether it be high-asset based or the primary concern is that of your child’s well-being, The Law Office of Matthew Poole has the experience and expertise to assist you in making one of the most crucial decisions of your life. Don’t attempt going it alone, even if you are an attorney.

Consent Judgments in Child Custody

Monday, May 22nd, 2017

One common misconception about family law in the state of Mississippi is the way that agreements regarding child custody operate. In cases involving child custody, consent judgments may be entered into by parties to best create a custody arrangement for that child.

A consent judgment is a contract of the parties entered upon the records of a court of competent jurisdiction with its sanction and approval. That consent must be present when any order is entered, and the order is considered void if either party withdraws that consent before the judgment is entered. If a party believes that the consent judgment is invalid, they bear the burden of proof in showing that invalidity to the court. Consent judgments allow parents in Mississippi to work out a custody schedule for their child with a lower level of confrontation, stress, and money than in litigation.

We understand that often parties will be tempted to not involve the court system in child custody matters, often to avoid involving the minor child in a lengthy and stressful process. However, as appealing this may seem in the beginning, it is not a good practice to follow. If one party refuses the other party time with the child, there is no court order that a party can seek to have enforced. This is the largest reason that consent judgments should be considered from the outset of a child custody matter. It protects the rights of parents to spend time with their minor children, and it can ease the hardship on the minor child when one parent attempts to have them “pick sides.”

Children are not goods; they cannot be bartered for, and their custody should be taken seriously by all parties involved. Consent judgments in cases involving child custody are often the preferred route for everyone involved, and if done properly they can minimize the stress that these cases have on the parents, the lawyers, and most importantly, the child or children. If you or anyone you know has a question about judgments involving child custody, please contact the Law Office of Matthew S. Poole at 601-573-7429.

 

Prenuptial Agreements are Always Enforceable, Correct?

Wednesday, December 28th, 2016

In Mississippi, as well as every other state, many couples seek the protections and predictability that can often be offered by entering into a contract prior to marriage, commonly referred to as a prenuptial agreement. While prenuptial agreements are generally valid and enforceable, there are exceptions that a client needs to be aware of as to the terms of that agreement prior to entering into such an contract.

The Mississippi Supreme Court has ruled that any prenuptial agreement is enforceable just as any other contract. However, the execution of the agreement must be deemed to be fair. The general consensus is that fairness indicates that the agreement has to be entered into voluntarily and with full disclosure of both the husband and wife’s financial assets. It’s clear that fairness can encompass many different ideals; however, the providing of entire disclosure as to the parties’ finances and/or the knowledge of each other’s financial state is a paramount concern when entering into a prenuptial agreement. Fairness can also be affected by whether or not the parties are represented by counsel, or whether the parties had time to review the agreement prior to its execution. In other words, if either party is under duress in signing the prenuptial agreement, it is possible that the court may invalidate certain terms or conditions contained in the prenuptial agreement. The education of the parties is also a factor in whether or not the agreement was sufficiently explained or so complicated that an explanation as to the terms was necessary. It is important to note that execution of the agreement could be considered fair by a chancery court even in the case that either side is not represented by counsel.

Our general advice to any client who is seeking the protections of a prenuptial agreement is to contact an experienced Mississippi attorney who is able to guide you through the potential landmines that can occur in the prenuptial contracting process. It is also important that clients recognize that prenuptial agreements have to be consistent with public policy and cannot fly directly in the face of clear statute in state of Mississippi. Some examples of a prenuptial agreement being deemed invalid by chancery court would include not only cases where the contract between the husband and wife are directly inconsistent with Mississippi statute, but also when the parties have contracted to a matter which is deemed at odds with public policy. Although public policy exceptions are less likely to occur, it is important to note that a court always has the ultimate say in determining whether or not the terms of the contract are fair and just. A court could also deem certain terms under a prenuptial agreement be deemed unconscionable. All of the laws and regulations related to any contract also apply to prenuptial agreements. Therefore, prenuptial agreements are not given specific immunity from being deemed invalid by a court simply because the parties agreed to the terms.

If you need assistance in drafting a prenuptial agreement, we are equipped to assist you in that process. We are able to help you consider the factors that may not have been considered to this point, and will be able to draft the contract in such a way that it will be deemed most likely valid if it were challenged in the event of a divorce or separation. If you need assistance with any of these matters, call the Law Offices of Matthew Poole, 601-573-7429.
Law Office of Matthew Poole

Why Is My No-Fault Divorce So Difficult?

Wednesday, December 21st, 2016

Many people in the state of Mississippi, as in other areas of the country, seek to finalize and dissolve their marriage under what is commonly termed a no-fault divorce, also known as irreconcilable differences divorce in legal terms. No-fault divorces offer a variety of benefits for a prospective client, including that they are less expensive and less stressful than going through all of the arguing and fighting that accompany fault-based divorces and the lawsuits that are necessary in order to obtain a fault-based divorce.

As we’ve discussed many times on this website, and as is known by the majority of the legal community, fault divorces require the filing of a traditional lawsuit against your spouse. Many people wonder “why is it that my no fault divorce seems to be so difficult?” In short, no-fault divorce really has nothing to do with whether or not one of the parties or both have committed wrongdoing during the course of the marriage. No-fault divorces exist only when both parties have a clear agreement as to all of the issues involved in the divorce. When the parties have a child or children, own property, or have established separate living arrangements will complicate matters. No-fault divorces become less and less likely when more issues are involved. It is usually our recommendation that in a scenario where both the husband and the wife own little or no property, a no-fault divorce is easily attainable and should be pursued.

It is important, however, to note that in instances where there is not a firm agreement on all issues, a no-fault divorce is not an option. If the payment of attorney’s fees, alimony, whether or not one party wishes to stay in the house with the objection of the other, the visitation schedule of the children, or the possession and payment of automobiles or expenses related to any property owned by the couple is not agreed to, fault divorce is needed.

I’ve practiced domestic law for in excess of thirteen years, and have realized that there are several scenarios where the parties are very close to an agreement; however there are a few sticking points that have precluded them from reaching some final resolution to the dissolving of their marriage. Always remember that it is cost effective to agree on terms of divorce, but this is more easily said than done.

My general recommendation would be that if you are close to an agreement but have not yet obtained one with your spouse, make a short list of the issues that you do agree on prior to contacting an attorney. If you are able to make a list of the things that you do agree on and have very few things left over that could be resolved with a minimal amount of effort, you are on the path to a no-fault divorce. If the filing of a lawsuit against your partner is necessary, you will spend a significant amount of money that can go toward a better use, such as the support of your minor children or the sustenance of your daily living expenses. It is likely that you will need to contact an attorney at some point in order to get some advice about whether or not your divorce is in fact a no-fault or irreconcilable differences matter. If you are able to make some accommodation with your spouse in terms of resolving the major issues, it seems that likely that you will be able to obtain a no-fault divorce with minor adjustments to any initial draft of your agreement with your spouse. Don’t try to win every battle, just win the ones that matter most.

If you are seeking advice as to whether or not a no-fault, or “I.D.” divorce is attainable in your current scenario, we’re best equipped to provide you with assistance in making that determination and advising you as to the best path moving forward. Please feel free to call us for a no-cost telephonic consultation any time at 601-573-7429.
Law Office of Matthew Poole.