We pride ourselves on generally being pretty positive people. We try to smile more than growl and use honey rather than daggers. Sometimes, it is our own clients who bring us to the edge of sanity. Inspired by a friend who suggested this, some ideas on how to not to upset your attorney*:

1. Know the facts of your case. If you do not know the facts, we won’t and cannot make strong representations on your behalf.
2. Be consistent in overall goals. Don’t keep changing your mind on what you want to achieve, because your case will definately take longer to resolve.
3. Flexibility leads to resolution. Understand that your perception is your reality, but the same is also true for the other side. The truth and the solution are often somewhere in the middle.
4. Always tell us the full story without omissions or lies. We are likely going to find out the rest of the story at some point, so better that we can be properly prepared ahead of time.
5. Understand that we have other clients and personal lives, so it might take a hot minute to return your call or email. As the kids say, don’t
“spam call” us. We will get back to you when we are able and within a reasonable amount of time (usually 24 hours unless it’s a holiday or weekend).
6.  Ghosting is fun on Halloween but not when we’re trying to move your case forward. Respond and let us know that you’re gathering information or cannot provide an answer at that moment.
7. Keep your private life private. Do not vent or brag about your life on social media. We cannot tell you how many times we have discovered that a party, who is six (6) months behind on child support took a luxurious trip or bought a new, expensive car. The attorneys will eventually uncover the information and, at minimial, will probably need to spend some time discussing it.
8 Maintain authentic documents. Altering, removing or deleting portions of an email or text can compromise your credibility, but also compromises our ability to properly argue your case.
9. This is not our first rodeo so trust our advice. Over the years, we have noticed that our clients with the largest legal bills are often the ones who keep asking the same questions over and over or ignore our advice. We have had similar cases in the past and know how the case will likely be resolved.
10. Pay your bill. We understand that legal expenses can be high, but you’re paying for our expertise and our time. Similarly, understand that it does take time to review documents, especially if it includes thousands of pages (and, yes, we will read all of them).
11. Prepare for court by providing requested documentation, dressing appropriately and being on time.
12. Understand what differentiates between an actual “emergency” and what is important to you. We do prioritze our cases and that order changes sometimes by the minute. In the event that there is a real emergency, the first call should usually be to the police, not us. One of us has a blackbelt and the other is 5’2″ but neither of us are coming to home to kick your ex’s butt if they are breaking into your home.
13. Remember that we are not your therapist or best friend. It’s not to say that we don’t love a good story or joke (and we DO), but our role is legal guidance.

In the words of Miranda Priestly, “that’s all.” We’re pretty easy and are always happy to work with you to help you achieve your goals. As always, please let us know how we can best help you!

Warm regards,
John & Faye

* Shoutout to our friends @Fun Enterprises for the (positive) inspiration for this newsletter!


We recently asked on our Facebook page for suggestions of songs that might inspire a newsletter and someone suggested Mama I’m Coming Home by Ozzy Osbourne. What a great song and excellent suggestion!

Our minds immediately started going in different directions. Rather than focus on just one of the topics, we’re going to share the variety of thoughts that we had when we started pondering what to write.

Our first thought was directly related to the person who offered the suggestion and who happens to be an adoptive parent. We are fully aware that the song is not about adoption; however, when we read the comment, we could “hear” little voices, excited to find their forever home with their Mama.
We believe that the intended meaning of the song is related to being welcomed “home” after significant personal struggle, including addiction and infidelity. So often, we see couples struggle to figure out how to rebuild a relationship and regain some level of trust. Some couples can work through it, but not always. It’s a personal decision, but one that we see clients struggle with all the time.
There is a very fine line between “how was your visit” and “tell me everything that you did” when a child returns home from parenting time. While the linguistic difference may be slight, there is a different, understated tone that can create stress for a child or the imply intrusiveness by a co-parent. Believe it or not, this is one of the most frequently discussed reasons for frustration amongst co-parents and the primary reason that parenting classes exist.*
Of course, there is the reality of Ozzy’s health; clearly, Ozzy is not well and his quality of life is quite poor. We suspect that the song took on a deeper meaning last week, whether religious or spiritual, as he returned home after his last performance ever and looked towards his final days.

Hear us out on this one: songs about breakups and cheating are some of the most popular and best ever written. If you so a simple online search, the lists are endless.

“The Rain”  by  Oran Juice Jones came on a few days ago and it was an instant catapult back to middle school.  Although it is probably not one of the greatest songs of all time, it was definitely an anthem in the 80’s:

While listening (and singing really badly), the adult, family law attorney kicked in and started thinking about all of the great songs written about infidelity. Here are some of our favorite songs (in no specific order) about cheating on your spouse:

1. Jolene by Dolly Parton
2. Girl Crush by Little Big Town
3. Lucille by Kenny Rogers
4. Before He Cheats by Carrie Underwood
5. It Wasn’t Me by Shaggy
6.  Hit ’em up Style by Blu Cantrell
7. You Ought to Know by Alanis Morissette
8. Cry Me a River by Justin Timberlake
9. Creep by TLC
10.  You Know I’m No Good by Amy Winehouse

Which is your favorite on the list above and in general? You know we love to be introduced to new music!

It started off “Hey cutie, where you from?”And then it turned into “Oh no! What have I done?”And I don’t even know my last name….
-Carrie Underwood

Annulments are rare. In approximately 20 years of practice, we’ve done one annulment. One.

When an annulment is granted, it is as though the marriage never existed. In the Commonwealth of Massachusetts,  at least one the allegations must be proven for an annulment to be granted:
1. Bigamy;
2. Consanguinity;
3. Fraud;
4. Duress in the inducement to get married;
5. Impotence or known lack of ability to have children (with a representation to the contrary);
6. Mental incapacity , which can include being excessively intoxicated:

7. Being under age at the time of marriage.

Where an annulment voids a marriage, it is possible that an individual can represent themselves as never married. We are always curious whether people who get a marriage annulled even disclose their previous situation to a future spouse.

We would love to hear your thoughts on this topic. Do you agree with the idea of annulment in principle? Do you think that a person should have to list an annulled marriage on an application for a future marriage license?

 

 



Rewind to about two weeks ago…. pick number three in a draft for a fantasy football league… 60 seconds to make a final decision…

Conventional wisdom would go for Hill but something kept telling me to go for CeeDee Lamb. Given Tyreek’s off the field reputation, my co-owner and I had been discussing for a few days how we felt about drafting him, given the strong potential that he could would not be on the field at some point due to unpredictable legal issues.

Fast forward to the first game of the season and a few hours before kickoff, video started to circulate of Tyreek Hill on the ground, in handcuffs. Selfishly, there was a moment of panic that Tyreek was not playing, but he made it to the field with plenty of time prior to kickoff.

As it often does, sports has provided an opportunity to turn this into a teachable moment in several ways:
1. One my kids did not previously understand that a traffic infraction is not “trafficking.” Big difference there. Apparently, that language distinction was not clear within his friend group text (probably Snap) chain so hopefully they all now understand the distinction.
2. There is also a difference between being “detained” and being “arrested.” When someone is detained, they are being held temporarily, usually for the police to calm a or take charge of a situation; however, the event does not necessarily lead to an arrest or criminal charges. When someone is arrested, they have been charged with a criminal act and will likely be prosecuted. Unless criminal charges follow at some point, Cheetah was merely detained.
3. Life is messy and there is not always an easy answer. There are always two sides to the story and, often, we have to piece together a puzzle. Since the event, the dash cam footage has provided more insight into the event:
Miami-Dade police release body-cam footage of Tyreek Hill being handcuffed and detained (youtube.com).

As always, we are happy to answer any questions that you might have regarding this newsletter or any other legal matters.

Regards,
Faye & John

* This newsletter is dedicated to the Twins, who beat us in the first week. From the basement to the top of the mountain, ladies!