Last month, attorneys from Illinois and Missouri gathered in St. Louis to review and learn updated information about how to most effectively practice family law. The 8th Annual Domestic Litigation Forum was hosted by St. Louis-based family law firm Cordell & Cordell, PC. “You can be sure that the work our attorneys put into these presentations reflects their dedication to achieving expertise in their field,” Cordell & Cordell PC Co-founder, Joseph Cordell, explained. “Our attorneys inhabit this realm of intricate family law every day. Assembling these presentations and leading these discussions among their peers both reflects and increases their expertise in this area. We know that by offering these free forums we are both expanding the knowledge base in the industry and increasing the knowledge base within our firm as we add to the understanding in the law community of the best ways to practice family law.”

In Missouri parties must attend mediation if there is a dispute about child custody issues. The requirement is for two hours but parties can choose to stay longer or return for additional visits if they feel that they are on the right track to resolving their issues.

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We’ve all heard the old adage that “there’s nothing certain in life but death and taxes” and maybe that’s why, when it comes to divorce, so many people are surprised at what effect a divorce can have on those two seemingly unmovable certainties. Everything else in divorce is so up in the air and seems so much more important, that the effect divorce can have on what you leave for your loved ones and what the government will take often gets moved way down on the priority list of concerns. However, in the interest of leaving no stone unturned, it’s important to consider the effects that divorce can have on estate planning and tax planning.

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When a party files for divorce, it is sometimes necessary for there to be a hearing on Temporary Orders. A hearing on Temporary Orders can be requested by either party and may occur at anytime during the pendency of the divorce action. The hearing allows the Court to make orders in relation to custody, possession and access, child support, spousal support and the allocation of assets and debts. These orders usually remain in full force and full effect until the divorce is granted or they may be modified prior to the finalization of the divorce.

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Federal entitlement programs are decimating the lives of children and trampling on the rights of fathers to the care and companionship of their kids. We must dismantle the Federal-State entitlement nexus that deprives men of their civil liberties. Here is what every man in America should know.

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My fifteen year old asked me the other day if my ex had an affair and if that was why we divorced. The answer is yes but after reading everything about divorce, I know it is wrong to share such details. I also know I shouldn't blame my ex even though he was mainly at fault. But nothing I've read tells me what I am supposed to tell my son when he asks "why?" Answering that it is none of his business doesn't cut it. It is his business. I don't want to tell him his father had an affair but saying nothing makes no sense and makes him feel like I don't trust him. What should I say?

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Dividing property in a divorce process can be an emotional and difficult process. It's common for each party to often feel that the individual assets belong only to them. This is especially true when it comes to marriages with small businesses or pertaining to retirement accounts. The party who opened and worked in the business, or who contributed their wages into the retirement account, often feels it is not fair to have to divide the asset in the divorce case. Consequently, as a family law attorneyI am commonly asked, “How can I keep my stuff?”

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Not all divorces are acrimonious. There are many times when a husband and a wife mutually decide to end a marriage and decide to do so on their own terms. They might even agree to this in a friendly tone, and there might even be people who can actually remain friendly throughout the process and afterward. With the availablity of information on the internet the option to have a “do it yourself divorce” may be very appealing to some people. There are many websites on the internet that provide “divorce kits” that allow a person to complete their own “uncontested divorce.” However, an attorney can be an invaluable tool during the divorce process and can obviously provide options, knowledge and interaction that a divorce kit can not.

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Imagine this, you and your spouse have been having problems and your spouse informs you that she has taken a job in another state. She further informs you that she will be taking your child with her. While no divorce proceedings have begun, you feel it is inevitable. What do you do? Wait and see if she files in this other state or take action and commence proceedings yourself? Let’s say you wait and see what happens. 

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In most cases the success of a divorce outcome depends directly on how proactive you are at every step through the proceedings. What you ask for in your initial pleadings sets the course your divorce will take.

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It was the smell that triggered the memory. The odor enveloped my senses, propelling me into an emotional time warp. Forgotten scenes replayed the episode like discovering a misplaced picture album in the back of the hall closet. For a brief moment, my mind willingly wandered through the memory.

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There is a very simple trick, used all too frequently in family courts, that will almost always ensure the immediate elimination of a man's constitutional rights. Read more to find out if it can happen to you.

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If you are in the fortunate position to have custody of your child or children, you are to be congratulated. You are one of the unique fathers, who were able to overcome the stereotype that kids belong with mom. While this is cause for celebration, take some time to look over the website and see what some of your noncustodial counterparts have to endure. It’s not easy being a noncustodial parent. Try to let go of the anger that led to the divorce and do your best to help foster the relationship between your child(ren) and your former spouse. The marriage is over, there was probably a lot of hurt, but the children should not be tools for revenge. Be gracious in your role. 

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Judge David Hanschen lets men challenge whether the kids they support are theirs. And the Texas Attorney General's Office is pissed.

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"How am I supposed to pay that much and continue to live?!"

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According to the Tax Foundation, a non-profit, non-partisan organization, Tax Freedom Day will come on April 23 in 2008. What this means is that the average American will be working through the 23rd just to pay all of their taxes. This includes both federal and state income taxes, sales and excise taxes, payroll taxes, and corporate and property taxes. Imagine how you would feel if you had to hand over your entire paycheck until April 23. You might have a different attitude about entitlement programs, government waste, and pork barrel projects.  Maybe we could get some needed changes to our tax code accomplished if we really paid attention to how much we are paying for government. I know our founding fathers would be appalled.

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It is common knowledge that when you file for divorce (or any other court action) the other party must be served with the pleadings. This is the area that clients are often the most anxious about especially if their spouse or ex-spouse has no knowledge that they are going to be served with divorce pleadings. Often times clients call on a daily basis to check with their attorney as to whether the opposing party has been served so they know when to prepare for with that very uncomfortable conversation that will surely follow.

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“Divorce mediation?” “What’s that?”. Five years ago many people considering a divorce or having post-divorce conflicts would have responded in just that way. Now, people commonly seek out and may be mandated by the courts to participate in mediation. Likewise, finding a mediator just requires a flip through your local phone directory or a quick internet search. Steering distressed couples and families toward working out their issues in mediation versus the traditional adversarial process reflects the wisdom and experience of the courts and legislature. The collaborative process of mediation eliminates much of the financial and emotional costs of the adversarial process of a traditional divorce. Mediation, on the other hand, allows the parties to enjoy more control over the situation to the benefit of themselves, their families and their futures.

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Divorce is not cheap. It can be. If you and your spouse can discuss each of the many topics that need to be addressed – child custody, child support, division of the marital estate, maintenance or alimony, how step-parents will be handled, what colleges the children will go to, etc. – rationally and efficiently, then your lawyer fees should not be that much. And it does happen. For some couples.

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The California appeals court decision criminalizing parents who homeschool their children is only the tip of an iceberg. Nationwide, parents are already being criminalized in huge numbers, and it is not limited to homeschoolers.

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My best friend told her four year old daughter that her Daddy was dead. In reality, her ex-husband is awaiting jail sentencing for selling drugs. Now her daughter goes up to everyone, strangers and people she knows, and says, "I can't see Daddy anymore because he is dead." Strangers show sympathy, those who know the truth, like me, try to avoid it because I don't want to contribute to the lie but I feel it is her mother, my best friend, who needs to tell her the truth. Her ex-husband had limited visitation rights for the past two years, but my friend stopped that when she did not like the suspicious company he kept; turned out she was right. The good news is my best friend now agrees what she did was wrong. The bad news is how to tell her daughter that Mommy told a lie and to gain her trust again.

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It is the business of a general to be serene and inscrutable, impartial and self-controlled.

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During contested custody litigation, it’s important for clients to remember that all of their actions are taking place under the watchful eye of the Court. Whether it’s that late night bender at the bar, the fight between you and your ex that was reported to the police, or even a single lapse into illegal drug use – you can bet that during the litigation, someone will find out about it.

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The economic stimulus plan has been passed into law, and for most Americans, that means a check will be in the mail sometime in May.

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