When we meet with new clients we often ask whether they rent or own their home. It seems like a fairly simple question. You either pay rent to a landlord or you have a Deed to the property. However, for some of our clients that distinction is not so clear. Frequently, our client will say, “I don’t own the home, I am buying it.” Usually, what they mean is that there is a mortgage debt on the property and they are making mortgage payments to
HOW WE TALK
Impeachment. Democratic Debates. Political ads and talking heads on T.V. and online. It can get exhausting. It seems these days that you are on one side or the other and there is no way across the gaping chasm between the two sides. When my wife was young, she watched her lawyer father in court, duking it out with the County Solicitor (old language for District Attorney). She was horrified at how much these two men seemed to hate each other, and it angered her that
Social Media & Divorce
Going through a divorce is difficult. It does not need to be public. Social Media has changed our lives in amazing and frightening ways. We connect with hundreds or thousands of people simply by clicking on our laptop, tablet or phone. “Sharing” has taken on a new meaning. When it comes to your personal life, especially when divorce is in picture, think carefully before sharing. Lawyers representing clients going through separation and divorce routinely check out the other party’s social media activity. There are countless
Read a Book
There is something funny about the thought of you reading this blog about books on your laptop, tablet or phone. If you have visited a law office lately you probably saw a library or conference room, the walls lined with books like those in the picture above. These days, lawyers rarely crack open these dusty old volumes. We do most of our legal research online. So why keep the books? You must admit, there is something impressive about the books. They contain thousands of cases,
Collaborative Divorce – Isn’t That a Paradox?
It probably sounds to many people like divorce is far from collaborative. After all, a couple who once promised to be together forever are calling it quits. How can that be collaborative? Collaborative Divorce or Collaborative Family Law is not so much about the divorce itself being collaborative, but rather how the couple goes about separating and divorcing that can either make it collaborative or adversarial. Most of us understand what an adversarial divorce looks like. An adversarial divorce involves the filing of a lawsuit,
What are you afraid of?
Fear is a strong emotion. It can motivate you to action or it can paralyze you. Fear is an emotional experience, but it has physical effects on your body. In the evolutionary sense, fear was necessary. A scared animal usually flees, fights or freezes. Most people are no longer afraid of being mauled by a bear or devoured by a lion (although I confess that both seem quite unpleasant). These days, we are afraid of financial insecurity, not being accepted, having a health scare or
What Atticus Taught Me
No, I am not talking about Atticus Finch. Although, he too has some valuable lessons, especially for young lawyers. I am talking about our dear friend and canine law partner, Atticus. Unfortunately, we lost Atticus a couple of weeks ago to a spinal cancer. He was stoic and brave to the end. Dogs in general, and Atticus in particular, are Zen masters of beatific living. Whether we were gone for 10 minutes or 10 days, Atticus was overjoyed upon our return. He loved every human
Parenting Coordinator or Guardian Ad Litem: Which is best for your custody case?
Custody cases are all about the children, right? Then why does it seem that the parents are the only ones who get to tell the judge what is best for the children? Can a child make the decision what custody arrangement is best? The answer is no and is explained in greater detail in an earlier blog on the topic. Mom and Dad each have lawyers talking for them, so shouldn’t the kids have an adult who can speak for them? Actually, that can happen
Mindfulness and Mediation
What is Mindfulness and how can it help me negotiate the litigation minefield? Mindfulness involves having a clear, non-judgmental awareness of your inner and outer worlds. Some describe Mindfulness as being “in the zone” or in a “flow state.” For those of us in the legal profession, it often means dealing with conflict from a receptive rather than reactive point of view. So how does that help lawyers and clients in mediation? Mediation is about trying to find common ground. Winning and losing is not
When can the child decide custody?
The simple answer is NEVER. Neither the parties nor the lawyers in a child custody dispute can divest or take away the Court’s authority to determine what is in the best interest of the child. However, a child may be a witness in a custody or visitation hearing. There is no age under North Carolina Law where a child has a right to testify. Even very young children can testify provided they can demonstrate to the Court that they know the difference between lying and telling
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