Carefully Reviewing and Writing Divorce, Custody and Visitation Orders

I was recently reminded (again) how important the wording of a final 'judgment' or 'agreed order' can be.  When two parties are in the midst of negotiations, attempting to resolve a divorce or custody case, it can be tempting to finesse the final wording of an agreement to make the case end.  This is a time to be very careful!  Sometimes the wording of a parenting agreement or a financial settlement can be ambiguous - that is, each side thinks the paragraph, sentence or phrase means something different.  Before signing any agreement, it is good to read, and re-read it, carefully to think of how it might be understood differently in the future.

Popular posts from this blog

Divorce, custody, attorneys, and psychological warfare countermeasures

psychological warfare n. The use of various techniques, such as propaganda and terror, to lower an enemy's morale. The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2009. Published by  Houghton Mifflin Company . All rights reserved. --------------------------------------------- In my work in divorce and custody cases, I often represent and counsel people who are the victims of 'psychological warfare' tactics.  These tactics are used by opposing parties to break their opponents will or resistance -- in other words, to "take the fight out of them."   Some tactics include ingratiating or co-opting relatives or friends, giving the other person false or misleading advice, getting the person to distrust his or her own attorney, causing severe financial distress and hardship, and otherwise making the person's life miserable and nearly unbearable.  These tactics often cause
Read more

Defend against psychological warfare - a Custody and Divorce Attorney's Perspective

Image
Do you feel that you're living a nightmare?  A custody or parenting-time battle is  a nightmare, and it's very difficult to break free of the mind-numbing, soul-draining struggle, to feel that you can breath some fresh air. There is hope, though.  I sometimes say that the 'toolbox' that people use against each other in custody and divorce cases is a very-small one.  These self-taught practitioners of the 'dark arts' of psychological warfare use just the top tray in the toolbox -- a limited number of tactics, used over and over (and over.)  A few examples: (Bad) Ask the children where they want to live, or with whom they'd like to spend time, (Bad) Have the children communicate or negotiate scheduling changes with the other parent, (Bad) Ask the children what they and other the parent are doing during parenting time,  (Bad) "Listen" to the children talk about their time with the other parent, or (Bad) Schedule activities onto the other parent&
Read more