Entries Tagged as 'General'

Questions to Ask a Prospective Lawyer

The outcome of your divorce proceedings will change the course of your life forever; so invest the time and money to find the lawyer who will do the best job for you.  Here are some suggested questions to ask during your initial interview:

  • Do you practice family law exclusively? What percentage of your practice is family law?
  • What is your retainer? Is this fee refundale?  What is your hourly rate?
  • What is your billing technique?
  • Approximately how much will my divorce cost?  Your lawyer can only provide you a general idea of costs based on the information you provide and a guess about how amicable the process will be.  Even if you think your case is simple, but the other side makes it unnecessarily complicated, you can expect your costs to increase.
  • What do you think the outcome will be?  Remember you are looking for an honest assessment, not necessarily what will make you happiest.
  • If you spouse has retained an attorney, ask your prospective lawyer what she knows about this attorney. Have you worked with her before? Do you think she will work to settle?
  • What percentage of your cases go to trial?  You actually want to choose a lawyer with a balance of settled cases versus trials.  Do not choose a lawyer that tries too many cases because that shows a lack of willingness to settle and will be more costly for you in the long run.
  • How long will the process take?  Again, the best this can be is an approximation.
  • What are my rights and obligations during this process?
  • Will you actually handle my case or will someone else in your firm be responsible for my case?
  • Should I consider mediation?
  • What information will you need from me?
  • What happens next?

Stress in Marriage Affects Health

A study released today shows that men and women in happy marriages have lower blood pressure than single adults with supportive friends/family.  But, unhappily married adults had higher blood pressure than either happily married adults or single adults.  High blood pressure leads to a greater risk of cardiovascular problems.

The next step in the study is to research whether improving a troubled marriage can lower the blood pressure for married people.

 To read the article, click here.

Voting and the Legal System

Tomorrow is Voting Day. Some call it Election Day, but I see it a little differently. Tomorrow is our day to VOTE. The election of someone to a publicly paid-for job is a natural byproduct of our decision to Vote. Women and minorities should be particularly interested in voting, as many people worked very hard and sacrificed much to give us the right to vote. Women were only granted the right to vote by the 19th Amendment to the U.S. Constitution in 1920 — that’s only 88 years that we’ve been given the right to cast a ballot. Not that men should take it any less seriously just because they’ve always had the right to vote.

Voting can have an impact on everyone who has a need to have a legal matter resolved through the court system. When two married people decide to get a divorce, unless they can agree on their disputes, a judge will make decisions that affect their lives and the lives of their children. That judge is elected by people who vote!

So, tomorrow, please remember to exercise your right to vote. You have the right to choose which political party you stand with and which of the contested races to vote in, but regardless, educate yourself on the races and go vote.

Another Children’s Bill of Rights

I’ve written recently on the very important topic of children’s issues in a divorce. Recently, I was pointed to another version of a children’s bill of rights located at DivorceHQ. Remember that this isn’t a “law”, but only guidelines for putting the children first.

We the children of the divorcing parents, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish these Bill Of Rights for all children.

1. The right not to be asked to “choose sides” or be put in a situation where I would have to take sides between my parents.

2. The right to be treated as a person and not as a pawn, possession or a negotiating chip.

3. The right to freely and privately communicate with both parents.

4. The right not to be asked questions by one parent about the other.

5. The right not to be a messenger.

6. The right to express my feelings.

7. The right to adequate visitation with the non-custodial parent which will best serve my needs and wishes.

8. The right to love and have a relationship with both parents without being made to feel guilty.

9. The right not to hear either parent say anything bad about the other.

10. The right to the same educational opportunities and economic support that I would have had if my parents did not divorce.

11. The right to have what is in my best interest protected at all times.

12. The right to maintain my status as a child and not to take on adult responsibilities for the sake of the parent’s well being.

13. The right to request my parents seek appropriate emotional and social support when needed.

14. The right to expect consistent parenting at a time when little in my life seems constant or secure.

15. The right to expect healthy relationship modeling, despite the recent events.

16. The right to expect the utmost support when taking the time and steps needed to secure a healthy adjustment to the current situation.

If you are in need of a Dallas Divorce Lawyer who will help you put your children first, please contact us for an appointment.

How do I know when its really over?

Sometimes one spouse decides the marriage is over before the other spouse accepts the new reality. I find that the attorney acts as a counselor as much as a legal advisor in discussing the break up of the marriage with a client who has not yet accepted the reality of the divorce. Often spouses want to attempt reconciliation instead of getting a divorce. As I have said in previous posts, I always encourage my clients to explore every possibility of reconciliation. However, at some point I also encourage my clients to accept reality that it is just time to move on. People, for whatever reason, often find it difficult to just bluntly state how they feel, resulting in mixed messages — I just can’t decide if I want to reconcile may, in fact, really mean I don’t want to reconcile but I’m too much of a coward to just come right out and say that. I encourage my single friends to read He’s Just Not That Into You by Greg Behrendt (see excerpt here). Although the content may not be as applicable for married people looking at divorce, the overall message is the same. We deserve to have someone in our life that wants to be there, not someone who says “I might want you if you changed” (or insert other excuse here). After all, as Behrendt sensibly puts it, “if a (sane) guy really likes you, there ain’t nothing that’s going to get in his way.” Oprah even made it one of her chosen books. To purchase the book from Amazon.com, click here. (No I don’t get anything from recommending this book… just my own personal viewpoint.)

Are Mommy and Daddy divorcing me too?

Often children feel out of control during the transition of a divorce since the decision to divorce was not their choice nor made based on their feelings.  Studies have shown that many children would prefer that parents continue to be married and live together rather than make the decision to get a divorce.  This is understandable since children love both of their parents, they have trouble understanding why the two people they love most in the world don’t also love each other anymore.  The divorce will create a lot of change in the child’s life, which will make him feel unstable. 

One of the best things you can do for your child in going through the divorce is to given them confidence that the new situation will be okay and they will get used to it.  For example, both parents should be involved in the conversation with the child where the divorce is discussed.  Emphasize that both parents still love the child just the same.  Explain the process of what is about to happen.  For example, explain that the child will continue to see both parents, just at different houses.  “Instead of both of us living at one house, you will have two houses from now on, one with Mommy and one with Daddy, and you will spend time at both houses.”  Also encourage the child that it is okay to continue to have contact with both parents and give the child the freedom to call the other parent and talk to him/her whenever the child wants to.

Most importantly, do not talk negatively about the other parent to the child or where the child can hear.  From the child’s viewpoint, he or she is made up of “half of Mommy and half of Daddy”.  If Mommy thinks Daddy is bad, the child may translate that to the child being half bad.  The child deserves to have a good relationship with both parents, even when the marriage fails.  One judge gives the example, “Having an affair may make a bad spouse, but it doesn’t necessarily make a bad parent.”

Katherine R. Sookhoo has a good blog post on the impact of divorce on children at the Pennsylvania Family Law blog

The American Academy of Matrimonial Lawyers lists the Children’s Bill of Rights when the parents are not living together:

Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn’t forget — and kids shouldn’t let them — when the family is in the midst of a break-up.

You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn’t feel guilty about wanting to see your dad or your mom at any time. It’s important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.

You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can’t work it out, a judge may make the decision for them.

You’re entitled to all the feelings you’re having. Don’t be embarrassed by what you’re feeling. It is scary when your parents break up, and you’re allowed to be scared. Or angry. Or sad. Or whatever.

You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone — either your other parent or a trusted adult like a teacher.

You don’t belong in the middle of your parents’ break-up. Sometimes your parents may get so caught up in their own problems that they forget that you’re just a kid, and that you can’t handle their adult worries. If they start putting you in the middle of their dispute, remind them that it’s their fight, not yours.

Grandparents, aunts, uncles and cousins are still part of your life. Even if you’re living with one parent, you can still see relatives on your other parent’s side. You’ll always be a part of their lives, even if your parents aren’t together anymore.

You have the right to be a child. Kids shouldn’t worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.

IT IS NOT YOUR FAULT AND DON’T BLAME YOURSELF.

To download a pdf copy of the Children’s Bill of Rights, click Children’s Bill of Rights

If you are in need of a Texas divorce attorney, please contact us.

Texas Divorce Newsletter 1/1/2008

Welcome to The May Firm Newsletter!

As a service to our clients, we at The May Firm and Divorce Magazine are pleased to provide you with this monthly e-newsletter and hope that the information and articles contained within are helpful, supportive, and entertaining. Michelle May O’Neil is nationally recognized as a leader in family law. Her firm emphasizes high-quality representation in family-law matters, with a particular emphasis on child-custody disputes, complex marital-property litigation, and appeals of family-law matters.

Further reading: Dallas Divorce Attorney

To subscribe to receive our Newsletter via email, contact us here.

Useful Articles:
1. CHILD CUSTODY: Using special masters to resolve post-divorce conflicts
2. BUSINESS VALUATION: The goodwill conundrum solving the puzzle of goodwill can be difficult
3. CHILDREN AND DIVORCE: Learning to co-operate
4. DIVORCE LAWYERS: A perfect fit
5. DIVORCE RECOVERY: An extraordinary life
6. DIVORCE SETTLEMENT/PREPARATION: Are you really ready for divorce?

1. CHILD CUSTODY
Using special masters to resolve post-divorce conflicts
What Qualifications Does a Special Master Need?
http://www.divorcemag.com/c/s3/?Child_Custody/special_masters.html

2. BUSINESS VALUATION
The goodwill conundrum solving the puzzle of goodwill can be difficult
While most of us would say we know what goodwill is, few would be able to define it in a useful way for business valuation purposes
http://www.divorcemag.com/c/s3/?Business_Valuation/goodwill_conundrum.html
3. CHILDREN AND DIVORCE
Learning to co-operate
If you have children together, you must learn to cooperate with your ex; the marriage may be over, but your parenting relationship will last forever.
http://www.divorcemag.com/c/s3/?Children_and_Divorce/learningtocooperate.html
4. DIVORCE LAWYERS
A perfect fit
How to find a lawyer tailor-made to suit your unique needs.
http://www.divorcemag.com/c/s3/?Divorce_Lawyers/perfect_fit.html

5. DIVORCE RECOVERY
An extraordinary life
An exclusive interview with Debbie Ford, the best-selling author of life-changing books such as Spiritual Divorce: Divorce as a Catalyst for an Extraordinary Life; The Secret of the Shadow: The Power of Owning Your Whole Story; and The Right Questions: Ten Essential Questions to Guide You to an Extraordinary Life.

Welcome to The May Firm Blog

Welcome to The May Firm weblog. I hope you will find the information posted here useful and informative. I am a Dallas divorce lawyer and a Texas family law specialist.

Michelle