What About the Dog?

Of all the property that has to be divided in a divorce, the property that tends to stir the most emotion is a pet. I am a dog guy (I own two big dopes) and I get it. I don't ever want to give up my dogs. But, many clients are shocked to find out that the dog is treated like any other property in a divorce; they are either marital or separate property and are distributed accordingly.

Rest assured that the parties can always agree to visitation with pets, and they frequently do. Some people even exchange custody of the dog every week and share dog related expenses.

But, if a court is making the decision about the dog, the court will have to determine whether the dog was owned by a party prior to the marriage or it was acquired during the marriage. The court may also have to determine whether one spouse gave the other spouse the pet as a gift. If the pet was given as a gift, then the pet may be considered the sole property of the receiving spouse.

Frankly, judges do not like to make decisions about who gets the dog. They typically have larger issues to sort out (I mean that in a financial sense. There aren't many larger emotional issues than a pet.) But, if the case goes to court, the dog is legally an asset and has to be given to one of the spouses.

In a similar vein, I get the occasional phone call from someone that wants to sue for the death of or injury to a pet. Even if the person that injured or killed your pet is legally responsible, the damages in those cases are generally limited to the value of the pet. In most cases, the value of the family pet is no more than a few hundred dollars.

For those of you that own horses, things get a little more complicated. We recently handled a case involving a horse that went lame during transport to North Carolina. Horses can be worth a lot of money, and damages in those cases can be much higher. Cases involving horses may well justify legal action. However, horses, like other pets, are still considered simple property in the eyes of the law.

Unfortunately, the law does not yet recognize the unique emotional value of a pet. Thus, the emotional trauma from the injury to or loss of a pet is generally not a strong basis for a lawsuit or the collection of money in court. And, for most pets, their legal value is insufficient to justify the expense of a lawsuit.

If you are interested in legal representation, please contact me by email or at (919) 781-1311. You can also find me at www.nichollscrampton.com (this site currently being updated).

Please note that nothing on this blog should be considered legal advice and that viewing the information on this blog does not create an attorney-client relationship between us. You are advised to consult with an attorney to confirm the current state of any legal information contained in this blog, as the law constantly changes.

Family Law Research DIY

If you want to investigate North Carolina family law on your own, you can find most of the rules that the legislature has made for family law cases on the North Carolina General Assembly's website.

As an important side note, you should know that each of these rules (in legalese, "statutes") has been interpreted or explained by the North Carolina Court of Appeals and/or the North Carolina Supreme Court. These explanations of the rules come in the form of written "decisions" by those courts (these decisions are also commonly referred to as "case law" and "common law"). So, in order to have a full understanding of many of the rules, you have to also review the interpretations issued by the courts. Understanding the rules as well as the court's written interpretation of the rules is a very large part of what makes a family lawyer a valuable resource for you.


If you are interested in legal representation, please contact me by email or at (919) 781-1311. You can also find me at www.nichollscrampton.com (this site currently being updated).

Please note that nothing on this blog should be considered legal advice and that viewing the information on this blog does not create an attorney-client relationship between us. You are advised to consult with an attorney to confirm the current state of any legal information contained in this blog, as the law constantly changes.

You Can Now Follow Me on Technorati.com

By posting this code: p4iyz938th I am officially placing this blog on Technorati.com. I encourage you to follow my blog at this site, or through Technorati.com.

If you are interested in legal representation, please contact me by email or at (919) 781-1311. You can also find me at www.nichollscrampton.com (this site currently being updated).

Please note that nothing on this blog should be considered legal advice and that viewing the information on this blog does not create an attorney-client relationship between us. You are advised to consult with an attorney to confirm the current state of any legal information contained in this blog, as the law constantly changes.

Is Your Lawyer a Skilled Negotiator?

If you are in the market for an attorney to help you with a family law matter, then you need to make sure that the attorneys you are considering are skilled negotiators. This is true for alimony, post-separation support, child custody, child support, equitable distribution and other types of family law cases. One of the little known secrets about the legal profession is that at least 50% of what a family lawyer does in a day consists of negotiation. That being the case, having a skilled negotiator as your attorney provides you with a greatly increased chance of resolving your case without the time, expense and emotional trauma of going to court. A good family law attorney should also be experienced in the court room and be willing to pursue a case in court if necessary. However, I strongly believe that an attorney should not counsel a client to allow a judge to make decisions for their family unless and until the attorney has done everything they can do to reach an agreed resolution outside of court. Going to court takes all control out of the hands of the client and puts it squarely in the hands of a judge that knows neither the client, nor the client's family.

Therefore, having an attorney that has actual negotiation skill (as opposed to just experience) is crucial to obtaining the best possible outcome in your case. Many attorneys have experience negotiating. Some have been doing it for decades. But, do not confuse experience with skill. Skill requires possessing knowledge of specific negotiation techniques and strategies. Experience requires neither technique nor knowledge. Acquiring skill as a negotiator requires obtaining training in the many types of negotiation settings (mediation, collaborative law, direct negotiation between attorneys, etc...). It further requires that attorneys obtain training on specific skills such as how to deal with cooperative negotiators, aggressive negotiators, difficult negotiators and unskilled negotiators. It also requires that the attorney study his her own personality and negotiation style to pinpoint their own strengths and weaknesses. Only then can the attorney capitalize on their strengths and bolster their weaknesses. Few attorneys actually obtain training in negotiation and therefore few attorneys actually possess the skills necessary to obtain the best result in your case. Instead many simply rely on their "experience" or "gut", instead of skill, in trying to resolve your case. This leads to a premature breakdown of negotiations, an increase in hostility and a stranger making the rules for the intimate details of life for you and your family.

If you are looking for an family law attorney, I encourage you to inquire into that attorney's specific training in negotiation. Don't rely on their experience alone to help you resolve your case.

Tre' Morgan is an experienced family law attorney with extensive negotiating training and education to help you obtain the best possible outcome in your case. He is a North Carolina Dispute Resolution Commission Certified Mediator, has trained in the Collaborative Law process and has studied and is trained in numerous other negotiation skills and techniques. He continues to actively supplement his negotiation skills through education, training and daily negotiation in family law cases.


If you are interested in legal representation, please contact me by email or at (919) 781-1311. You can also find me at www.nichollscrampton.com (this site currently being updated).

Please note that nothing on this blog should be considered legal advice and that viewing the information on this blog does not create an attorney-client relationship between us. You are advised to consult with an attorney to confirm the current state of any legal information contained in this blog, as the law constantly changes.

HOW TO AVOID IDENTITY THEFT

An issue that is important for all clients, regardless of they type of case they have is protecting their identity. Attorneys often receive personal information including financial information from clients in the course of their representation. This information is carefully guarded by lawyers and remains secure.

The biggest identity theft threat is from criminals that make a living by stealing personal information from innocent victims. Here are some tips on avoiding the theft of your identity:

1. Protect your Social Security Number: Do not carry your Social Security card in your wallet. When asked for your Social Security number, find out why it is needed and how it is kept confidential. Do not print your Social Security number on your checks.

2. Protect Financial Information: Review monthly credit card statements for unusual charges. Use automatic deposit whenever possible. It is illegal for stores to print receipts with your full credit card number; destroy the receipts and report the store to the Attorney General's office if this happens to you.

3. Protect Passwords: Do not carry PIN numbers in your wallet or purse. Do not share your PINs with others. Do not use easy to guess passwords like family member names, birthdays, phone numbers, etc...Choose a different PIN for each account.

4. Protect Your Mail: Call 1-888-5OPT-OUT to stop pre-approved credit card bills from being mailed to you. Do not leave your mail sitting in your mailbox longer than necessary. Put outgoing payments in a locked postal service mailbox instead of your curbside mailbox. Avoid placing checks in the mail whenever possible. Use automatic draft or debits instead. You can cut down on junk mail by sending a letter with your first and last name, home address and signature to Mail Preference Service, Direct Marketing Association, P.O. Box 643, Carmel, NY 10512.

5. Check Your Credit Report: You get one free credit report per year from each national credit reporting bureau. Visit www.annualcreditreport.com to receive your free annual report. This site should not be confused with other for profit sites like wwww.freecreditreport.com.

6. Security Freezes: If you suspect credit theft or you simply do not anticipate needing credit in the future and want to freeze your information, visit www.noscamnc.gov to get instructions on freezing your information.

7. Prevent Email Fraud: Never send personal information, financial information or your Social Security number in response to an email. These emails are almost always attempts to steal your information. If you receive an email from your bank or another financial institution requesting information, call that company to confirm that they sent the email and that they need the information. Install virus and spyware programs on your computer to prevent theft of information directly from your computer. Try to use secure websites whenever possible when making online transactions. Secure websites can be identified by the lock icon in the lower right corner of your computer screen and the "https" tag at the beginning of the website address.

8. Telephone and Personal Scams: Nobody in Nigeria actually wants to give you money. Ignore these emails and phone calls. Never give out personal or financial information to people who call you. Sign up for the National Do Not Call Registry at (888) 382-1222. Double check references for charities, door to door sales and others that show up at your door. Look up the official information for the charity or company and call that number to verify their legitimacy before you give out any information or money.

You may not be able to ultimately prevent all forms of identity theft. But, if you follow the above steps, you will greatly reduce your changes of becoming a victim. You can learn more from the North Carolina Attorney General's Office.


PLEASE NOTE THAT NOTHING ON THIS BLOG SHOULD BE CONSIDERED LEGAL ADVICE AND THAT VIEWING THE INFORMATION ON THIS BLOG DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO CONFIRM THE CURRENT STATE OF ANY LEGAL INFORMATION CONTAINED IN THIS BLOG, AS THE LAW CONSTANTLY CHANGES.

IF YOU ARE INTERESTED IN LEGAL REPRESENTATION, PLEASE CONTACT ME BY EMAIL OR AT (919) 781-1311. YOU CAN ALSO FIND ME AT WWW.NICHOLLSCRAMPTON.COM (this site currently being updated).

More News on the Collaborative Divorce Process

Divorce and co-parenting
From the Daily News Tribune

Reduction of Animosity in the Divorce Process From the Austin-American Statesman

A more humane way to divorce From the Daily Camera

A kinder, gentler process From the Orlando Sentinel

PLEASE NOTE THAT NOTHING ON THIS BLOG SHOULD BE CONSIDERED LEGAL ADVICE AND THAT VIEWING THE INFORMATION ON THIS BLOG DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO CONFIRM THE CURRENT STATE OF ANY LEGAL INFORMATION CONTAINED IN THIS BLOG, AS THE LAW CONSTANTLY CHANGES.

IF YOU ARE INTERESTED IN LEGAL REPRESENTATION, PLEASE CONTACT ME BY EMAIL OR AT (919) 781-1311. YOU CAN ALSO FIND ME AT WWW.NICHOLLSCRAMPTON.COM (this site currently being updated).

Recession and Child Support

http://www.newsobserver.com/news/story/1550242.html

As you can see from this article from the front page of today's News & Observer, a poor economy has a serious impact on child support payments. If you pay child support or receive child support, do not wait until a payment is due to discuss a change of income or loss of a job with the other parent. Addressing the issue as soon as an economic change happens can save both of you a lot of time in court. If you have questions about whether a reduction in child support payments is appropriate in your case, contact a family law attorney. Lowering or ending child support payments without obtaining court approval can have serious legal consequences.

PLEASE NOTE THAT NOTHING ON THIS BLOG SHOULD BE CONSIDERED LEGAL ADVICE AND THAT VIEWING THE INFORMATION ON THIS BLOG DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO CONFIRM THE CURRENT STATE OF ANY LEGAL INFORMATION CONTAINED IN THIS BLOG, AS THE LAW CONSTANTLY CHANGES.

IF YOU ARE INTERESTED IN LEGAL REPRESENTATION, PLEASE CONTACT ME BY EMAIL OR AT (919) 781-1311. YOU CAN ALSO FIND ME AT WWW.NICHOLLSCRAMPTON.COM (this site currently being updated).