Putting Children First in a Divorce

Hi all, happy Thursday! Hard to believe March is right around the corner and soon it will be spring! Today I want to talk more in the area of family law. Divorce and separation can be incredibly stressful and emotional times, but people often forget that this stressful time has impacts on their children too. Today I want to share tips and ways to put your children first during a divorce, so that this emotional time is as smooth as possible for them.

1.) Don’t Talk Disrespectfully About Your Spouse in Front of Your Children. Divorce can be very messy. Sometimes the spouses no longer want to be in the same room as one another. But, even if this is the case, your children still have TWO parents who they love and care about very deeply. It is unfair to make them pick sides or talk badly about your spouse in front of them. It will only make a confusing situation worse and the child feel like they are in the middle, or worse, responsible for what is going on.

2.) Consider Collaborative Divorce or Mediation. As I have discussed in previous blogs, mediation, and collaborative divorce offer an out-of-the-courtroom option. If you and your spouse are agreeable to this method, it can help save time and money and be a less contentious situation for your children. It can also facilitate a discussion about what is best for the children and how to meet their needs during this time.

3.) Plan for the Children’s Future. Parenting plans, allocation of education money, and involvement in the children’s lives are all things both spouses can and should consider. Even though their lives will feel far from normal after a divorce, it is important to try and keep some of those things in place so that their world does not feel as if it has been turned upside-down and they know they can rely on the love and support from BOTH of their parents.

4.) Be Honest with Them. It is important for children to understand what is going on and the changes that are about to occur in their lives. Let them ask questions, express their sadness, anger, etc. and let them know that none of this is their fault and they are still just as important and loved by you and your spouse. Being honest before, during, and after a divorce process will help the children cope and adjust to these life changes.

5.) Don’t Treat your Children like Friends. Just because you have been open and honest with your children about the situation does not mean you can use them as a personal therapist or as you would one of your adult friends. It is okay to share emotions and confusion, but you should always be the one being their support system. Children should never have to feel like they must serve as some sort of confidant shoulder to cry on during their parents’ divorce.

Hopefully today’s blog helped you better understand how to make a divorce as smooth as possible for both you and your children. It is completely normal for everyone to not feel themselves and extra confused and emotional during this time, but it is also important to

remember to take care of yourselves and your family so that you can all get through this together. You can always reach out to our office with any questions or concerns.

**The thoughts and information contained in this blog are meant to be informational and do not serve as legal advice of any type. If you have questions about your divorce or legal case, please do not hesitate to contact our office.

Sources: 

https://www.vaccalaw.com/7-tips-for-putting-children-first-in-a-divorce/ https://www.romanshum.com/blog/4-ways-to-put-your-kids-first-during-a-divorce/

How Using an Attorney Can Save You Money

Hi all! I know what you’re thinking reading the title of this blog, “I can actually save money?” Well, today I want to tell you why it is always a good choice to hire an attorney, both for your case and even for your bank account.

Let’s face it. The legal world is very complicated and confusing. More and more we are seeing ads for “do it yourself” legal documents, contracts, etc. But, in reality, what is marketed as a simple, easy way to avoid hiring an attorney can actually cost you more time and money. An attorney knows how and when to file your important documents and they know the requirements of the law. It is always in your best interest to hire an attorney to make sure that your case is the least complicated it can be.

Start with the right attorney. I have written about how many attorneys have a free initial consultation and it is totally okay to visit more than one attorney before choosing one to handle your case! Finding the fit that is best for you will help you feel more comfortable and ready to address your legal issues instead of spending time and money on an attorney who may not care about your case or drag the process out costing you even more.

Attorneys can help establish communication that helps you achieve the goals of your case. At consultation they are doing their best to learn about your claim and if taking you on as a client would be the right fit. This is why it is so important to attend your consultation with important documents, the facts about your case, and being honest about your goals. This will help make the process smooth for both parties and help your attorney to understand your financial and personal situation so that they can best serve you.

Attorneys are often very happy and willing to discuss their fees. Hey, we do like to get paid! But, the point of this is that using an attorney gives you access to someone who has insight into your financial situation and can set up a plan that works best for you, saves you money, and helps you resolve your case with as little stress as possible.

Attorneys can help guide you toward solving issues outside of the courtroom. As I have written about previously, mediation can be a cost-saving and effective way to address your case. Working with an attorney allows you to explore these options and save the time and effort of going through the entire litigation process with lots of costs and no resolution.

Hopefully, you can all look differently at hiring an attorney now that I have explained the benefits of doing so. Lawyers get a bad rap for how expensive they can be and for the fees that they charge, but as I explained above, using one can actually save you money in the long run. Keep this in mind and give us a call if your or someone you know has a case that you think would be a good fit for Marcie Baker!

Sources: 

https://www.cheshirefamilylaw.com/blog/2013/april/10-tips-on-how-to-save-money-on-attorneys-fees/

***The thoughts and information in this blog are not meant to serve as legal advice of any form. Should you have any questions about your case please do not hesitate to contact our office.

How Many Times Can I File for Bankruptcy?

Hi all! Welcome back to another blog about Bankruptcy! Today let’s demystify the question, “how many times can I file for bankruptcy?”

You can file as many times as you want! Yes, you read that right, there is no limit to how many times you can file, including Ch.7, which Marcie Baker specializes in.

However, there are a few important things to consider. Just because there is no limit to how many times you can file does not mean there are not some consequences.

First, filing more than once can prolong any damage to your credit. Chapter 7 bankruptcy can stay on your credit report for 10 years, so it is important to consider how many times you want to file and how long you want it included on your credit report.

Second, while I have said you may file as many times as you’d like, you need to be aware that there is a wait limit between each filing period. For Chapter 7 bankruptcy, the wait time between filing is 8 years. Please see our sources below for more information about wait times.

Finally, Forbes lists five steps to consider when you are considering completing a second bankruptcy filing. They are:

1. Consider all of your debt relief options before filing for bankruptcy again.

2. Figure out which type of bankruptcy to file the second time if no other options are available.

3. Research the consequences of a second bankruptcy, such as how it will affect your credit or whether you’ll lose any of your assets.

4. Determine the waiting period between the first bankruptcy you filed and the second bankruptcy you want to file.

5. Seek help from an attorney.

I hope today’s blog was helpful and gave you a better understanding of the bankruptcy system. We know it can be confusing, but we are always here to help! Contact our office with any questions or concerns!

Sources: 

https://www.forbes.com/advisor/debt-relief/how-often-can-you-file-for-bankruptcy/#:~:text=How%20Many%20Times%20Can%20You,many%20times%20you%20can%20file. 

https://www.findlaw.com/bankruptcy/after-bankruptcy/how-often-can-you-file-for-bankruptcy-.html

***The information contained in this blog is not legal advice of any form. Any bankruptcy questions or concerns can be directed to our office. See our website or contact information if you need to contact us!

Mediation Terms Everyone Should Know

Hi all! Can you believe it is already February? Hopefully, everyone’s year is off to a great start! Today I wanted to return to my segment of providing important legal terms that everyone should know. Today’s focus will be on important mediation terms.

As I have written previously, mediation can be a helpful alternative or an important part of your legal case. That is why it is important to know what you are getting into, and ask questions if you have any confusion.

- Caucus – A private and separate meeting between the mediator and each disputing party. Caucuses are most frequently employed when communication has completely broken down between two parties.

- Impasse – Parties within a mediation that are unwilling or unable to reach compromise.

- Opening Statement – Oral presentations which take place after the mediator’s opening address allow each party to present their case.

- Joint Sessions – Part of the mediation process where parties are brought together. The Opening Joint Session consists of an introduction by the mediator and each party presenting their case.

- Settlement Agreement – A brief document setting out the key terms of the negotiated agreement or resolution.

- Confidentiality – All parties, mediators, and observers taking part in mediation will agree up front that no information revealed in the mediation process will be shared or disclosed outside the mediation.

Hopefully, you all found this helpful. The link below provides even more information and definitions for your understanding. As always, contact our office for any questions or concerns!

Sources: https://expert-evidence.com/mediation-terminology-things-you-must-know/

***The facts and information contained in this blog are not legal advice of any form. If you have any questions about mediation or a legal issue, please contact our office.

The Lighter Side of the Legal Profession

Happy Thursday, all! Everyone likes a good lawyer joke, right? This week I want to lighten the mood with some funny jokes about the legal profession. Hope you enjoy!

1.) When an attorney gets married, they don’t say, “I do.” They say, “I accept the terms and conditions."

2.) What do you get when you cross a librarian with a lawyer? All the information you need, but you can’t understand a word of it.

3.) The golden retriever didn't make any money at his first law firm. He only worked on pro-bone-o cases.

4.) Abraham Lincoln never had to call for a lawyer because he was already “in a cent”.

5.) The lawyer had to move his cow because it got a mooing violation.

6.) My father was a lawyer for 25 years before he went to culinary school. Now, he's a sue chef.

7.) What did the lawyer name his daughter? "Sue!"

8.) What do you call a priest that becomes a lawyer? A father-in-law.

9.) The lawyer won the luggage lawsuit in less than 6 hours. It turned out to be a brief case.

10.) Arguing with a lawyer is like wrestling with a pig in mud — sooner or later, you realize they like it.

Hopefully, this brought a smile to your face. Every now and again I like to write about some lighter topics to remind everyone that it is always good to smile even when the world around us is telling us to be negative in so many ways. And don’t forget, the Law Office of Marcie Baker is always here to help!

Sources: 

Special thanks to Bored Panda for all the above gems! 

https://www.boredpanda.com/lawyer-jokes/?utm_source=google&utm_medium=organic&utm_campaign=organic

Do’s and Don’ts of Your First Consultation

Hi all! Hard to believe that we are over halfway done with January already. Time flies! Today I wanted to offer some basic dos and don’ts when it comes to your first consultation with an attorney. These tips can help you succeed, find the right attorney, and get one step closer to resolving any case or claim that you may have.

Do ask the attorney about their experience in dealing with cases like yours. This will help you decide how confident you are in letting this attorney handle your case and find out more about what your case will be like.

Do read any agreement offered and make sure you understand what it is saying. It is okay to be confused, legal language and everything in the legal world can be incredibly difficult to understand. However, you need to make sure you are asking for clarification when you do not understand something so that you are not blindsided down the road. This will also help your overall relationship with your attorney.

Do make sure to bring important documents. If you have any past legal cases, medical documents, financial documents, etc. related to your case, then bring them to your initial consultation! This helps your attorney better understand your case and if it is something they can handle.

Don’t expect tons of free legal advice during your first consultation. Many attorneys, Marcie Baker included, offer a free initial consultation. This, however, does not mean you have unlimited time to get all of the free legal information you want. It will likely be a 30-minute discussion so the attorney can understand the facts of your case with small discussions regarding legal advice.

Don’t lie. This pretty much goes without saying, but, if you lie, your attorney will not be properly prepared to handle your case and withholding critical information could hurt your case down the road. It is best to always be honest, even if it is uncomfortable.

Don’t be on your phone, tablet, etc., and make sure it is on silent. Especially when the consultation is free, it is important that you show your potential attorney the same respect that you expect of them if/when they handle your case. Devote your full attention to the consultation so that the attorney knows that you are paying attention and ready to get to work.

Hopefully, you learned some helpful tricks from this blog. While this is not all that there is to know, it is a good starting point as you begin a relationship with any attorney. Feel free to contact our office to learn more!

Sources: 

https://manhattankansasattorney.com/legal-topics/2018/2/7/the-dos-and-donts-of-your-initial-consultation 

https://www.cmarlowlaw.com/post/the-do-s-and-don-ts-of-the-initial-consultation-important-considerations-in-selecting-an-attorney 

https://joanbundylaw.com/resources/preparing-for-first-meeting-with-lawyer/

***The information in this blog in no way constitutes legal advice of any form. Should you have questions regarding consultations with an attorney, please do not hesitate to contact our office.

What is a Ch. 7 Trustee?

Hi all! Since I have talked so much about Ch. 7 Bankruptcy, I wanted to shed some light on exactly what a trustee is, and their role in your claim. Hope you find this helpful!

What is the role of a trustee? According to the Department of Justice, “The chapter 7 trustee collects assets of the debtor that are not exempt under the Bankruptcy Code, liquidates the assets, and distributes the proceeds to creditors.” The United States Courts define the role as, “to liquidate the debtor's nonexempt assets in a manner that maximizes the return to the debtor's unsecured creditors.”

Chapter 7 trustees, while not government employees, are appointed by the United States Trustee and assigned to a panel. Once on the panel, they are usually assigned to Ch. 7 cases through a blind rotation process.

What else does the trustee do? After a bankruptcy petition is filed, usually 21-40 days after, the appointed trustee will then meet with the creditors to figure out how to distribute the liquidated assets. Also at this meeting, the trustee will usually ask questions of the debtor and creditors discussing the debtors’ financial affairs, debts, and property.

It is also the trustee’s role to inform a debtor of any and all potential consequences of seeking a discharge via bankruptcy. (ie. Effects on credit scores, filing other bankruptcy petitions, and risks and benefits involved.)

As you can see, a trustee plays an important role when you are dealing with Ch. 7 Bankruptcy. Should you have any more questions, confusion, or concerns, please do not hesitate to contact our office!

**This blog is informational only and in no way constitutes legal advice of any form. If you have any questions regarding Chapter 7 Bankruptcy, please contact our office.

Sources: 

https://www.justice.gov/ust/private-trustee-information#:~:text=The%20chapter%207%20trustee%20collects,distributes%20the%20proceeds%20to%20creditors. 

https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics