August 2016 – Curtis W. Daugherty, PC

The Quickest Way to a Costly Divorce Settlement

Of all the things you can do to shoot yourself in the foot during a divorce, this one tops the list. Talking to your Ex about legal issues or personal things that they don’t need to know about. It will cost you money, frustrate your attorney, and set you up for disappointment. And who wants that?

It happens more than you think. You hire an attorney, but between all of the child exchanges and communications with your Ex, you get tired and forget that there is a line between co-parenting and litigation that shouldn’t be crossed. The next thing you know, something you’ve said in a moment of (frustration/irritation/exasperation) has tipped your hand in favor of your Ex, and his/her attorney will use that to prove that your Ex’s behavior has been corrected (at least temporarily right before the hearing) or to use against you. Either way, you have just given away your best chance of getting the modification you have spent so much time working towards.

Talk to your Ex about the kid’s homework, about soccer practice, about rehearsals, but don’t talk to them about anything beyond parenting. Handling legal matters is your attorney’s job. Let your attorney do what you hired them to do without making them jump through more hoops because you opened your mouth about a recent purchase, the party you attended or the lavish trip you took, or whatever. Sometimes the best way to help your attorney help you, is to remain silent.

By Curtis Daugherty|2016-10-28T00:07:34-08:00August 26th, 2016|Categories: Child Support, Custody, Divorce, Family Law-General, Visitation|Tags: pushing your soon to be ex's buttons|Comments Off

Three Rules to Live By When Going Through a Divorce

1. Don’t Fail to Keep Your Attorney Advised of Your Whereabouts.

The only thing more exasperating to an attorney and more damaging to your case than lying to your attorney, is falling off the face of the earth. You’ll look bad to the court when your attorney has to tell the judge that they don’t know where you are, and you’ll wind up paying them for the time they spend tracking you down.

2. Don’t Run Down Your Ex, Especially When the Kids are Around.

From the first court order in any family law case where children are involved, you are under orders not to say bad things about your soon-to-be Ex. This means not saying negative things directly to the kids, or expressing those negative views to someone else while in front of your kids. Chances are, your comments will reach your soon-to-be Ex who can then use the information against you in court. Even more importantly, your kids don’t need or want to know that one of their parents cheated, or is a no good dirty rotten scoundrel. As tempting as it is to paint yourself as the saint and your soon-to-be Ex as the devil, remember that it’s not just your world that is going through a drastic change. Your kids’ world is being turned upside down, and they had no say in the matter. All they need or want is to be loved, and to feel safe at a time when they need it most.

3. Don’t Fail to Understand that a Happy Ex is Key to Your Happiness.

Few things can make your life more miserable than an angry Ex. Whether their anger is with you or they are just having trouble in their new life with money or anything else, you are likely to be the one they take it out on. On the other hand, if you take the initiative to make their life easier, they might be less inclined to look for ways to get back at you.

By Curtis Daugherty|2016-10-27T00:30:12-08:00August 11th, 2016|Categories: Divorce, Family Law-General|Tags: attorney knows your whereabouts, failure to show, keeping your soon-to-be Ex happy|Comments Off

Can’t We All Just Get Along?

Or at Least Have a Say in Your Own Fate?

BP_20-CoupleFighting_Blackboard_Caption Seriously, it makes the most sense to actually work toward resolution rather than pay lip service to it while quietly working on your Ex’s last nerve. Earnest efforts toward resolution will get you through the process faster and cost you less in attorney’s fees. Your attorney will ensure that:

1. You are protected

2. The resolution is fair to both you and your soon-to-be-Ex, and

3. You won’t have to leave your fate to someone else to decide, i.e., a judge!

No matter how crazy your Ex is, working with them is better than making them angry and waiting to see what accusations will come out of their mouth in front of a judge. Everyone has a nugget that they’ve been holding onto, and having to deal with it on the fly in a courtroom is never easy. Think about it…What tidbit do you NOT want in the Court record, that your Ex would just LOVE to hold over your head until ALL the kids turn 18? Avoid all that by actually working with your attorney, not against your Ex.