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Posts Tagged ‘figure’

How can I expect my life to change after divorce?

11 Mar

People know to prepare themselves emotionally when going through the divorce process, but they often fail to prepare for adjusting to life afterward. Too often, they assume that life on the other side will be easier and they vastly underestimate the new challenges they will inevitably face. To help make things less stressful for you later on, take some time to think about and understand some of the common misconceptions surrounding divorce.

What are some common misconceptions surrounding divorce?

One of the biggest misconceptions concerns money. Both women and men tend to believe that their finances will not change significantly after a divorce. They don’t take the time to sit down together and figure out how the income that previously supported one household will be able to support two in the future. Instead, each party expects to sustain their current lifestyle while the other makes concessions. Typically, women believe they will receive more maintenance than the court is likely to award, while men believe that they shouldn’t have to pay alimony and that everything should be divided equally, even if their spouse hasn’t worked for many years. In most cases, both parties will end up living off of a lower income post-divorce.

You may be able avoid frustration and disappointment down the road by setting up a budget during the divorce, either together or on your own. At the very least, a budget will help you to anticipate upcoming lifestyle adjustments. In fact, you may want to start cutting expenses now if you can, or think about ways to eventually increase your income.

Other common misconceptions about divorce involve children. Parenting after a divorce can be complicated, but it helps to be flexible and open-minded. Many women are used to being the primary caregiver and find it difficult to let go of the high level of control they once had over their children’s lives and schedules. Depending on your custody arrangement, your children may spend time between two homes, which means increased time away from you. This can be painful at first, but remember that your children have two parents and that it is essential to their well-being and development that they spend time with both of them.

Men struggle with their own parenting challenges after divorce and are frequently surprised by how difficult it is to raise a child on their own. They are also often caught off guard by the amount of child support they are required to pay.

It is important to note that the amount of child support one pays is related to the amount of time each parent spends with a child. The parent who has the child most of the time will receive child support from the other parent. If the child spends significant time with both parents, then the paying parent may get a credit against the support payment to account for this extra time. Also, if primary parenting of multiple children is split between the parents, then child support is based on this “split-custody” arrangement. In these situations, we use a formula to calculate which parent will pay support and in what amount. This formula was developed by Division I of the Washington Court of Appeals in the case of In re Marriage of Arvey, 77 Wn.App. 817, 894 P.2d 1346 (Wash.App. Div. 1 1995).

It is also important to remember that the issues of child support and parenting are treated separately by the court. This means that one parent cannot withhold visitation from the other parent because he or she has failed to pay child support. Instead, the parent who is not receiving his or her court-ordered support must bring legal action to enforce the order to pay.  But in the meantime, the nonpaying parent is still entitled to enforce the parenting plan. This is because to do otherwise  would be unfair to the child, who has a right to spend time with both parents.

How can I clear up any misconceptions I may have about life after divorce?

You can learn about the realities of divorce by reading through the Pro Se University blog archives or you can sign up for the next free 30-minute Attorney Appointment. We are here to help.

 

What Lawyers Can Learn From LegalZoom

30 Sep

Unless you’ve been asleep for the last five years, you have probably heard of LegalZoom, the California-based, non-lawyer legal document preparation company that claims it has delivered over 1,000,000 wills to consumers, and that it is the largest incorporation company in the country.

LegalZoom is only one of hundreds of Internet-based legal form web sites that have emerged during the last 10 years and which are eating away at the market share of solos and small law firms. LegalZoom has been challenged by some state bars with the unauthorized practice of law, but hasn’t lost a case yet. They are serving thousands of customers who ordinarily would be served by solos and small law firms. They must be doing something that is in demand because they continue to grow at the expense of solos and small law firms.

LegalZoom, and non-lawyer legal form web sites like it, have a business model that consists of the following elements:

  • A legal service delivered purely over the Internet;
  • No physical offices, and thus no extensive rental costs to pass on to customers;
  • Limited services offered at a fixed price that can be easily compared with other providers including law firms;
  • The use of web-enabled document automation technology to reduce costs and increase productivity;
  • A secure customer portal where clients can execute legal tasks in their own personalized web space;
  • Access on their web site to thousands of pages of free legal information on hundreds of subjects;
  • Money-back guarantees to comfort consumers; and
  • Reliance on informed consumers to do part of the work, often called co-production, such as filing their own documents or executing their documents on their own based on provided instructions to keep costs down.

Consumers don’t seem to care that they are not dealing with a law firm. As lawyers, we know the service they are selling is risky for consumers, but for consumers it delivers a “good enough” result. LegalZoom would not be growing at this fast a rate if they weren’t offering something that consumers want and value.

How to Compete Against Legal Zoom and Other Non-Lawyer Providers

In the new, competitive environment that solos and small law firms face in the current economy, the keys to law firm survival are to expand the strategic options available by opening new client markets, reducing the cost of services, and delivering legal services in a way that distinguishes your firm from other firms in the pack. These strategic options should be mixed with more traditional approaches to differentiation such as specialization within a niche practice area.

It is time for solos and small law firms that offer personal legal services to the broad middle class to rethink their law firm business models. There are many opportunities for incorporating some of the elements of the LegalZoom business model into a more traditional law practice.

To name a few:

  • Consider offering "unbundled" limited legal services at a fixed price, both on-line and off-line;
  • Leverage a reputation in your local community and a physical office into an on-line brand that is both local to your community and extends throughout your state;
  • Add virtual law office functionality to your web site so that your clients can have the option of interacting with you on-line;
  • Figure out ways of using Internet-based technologies, such as web-enabled document automation to strip out costs from your overhead structure increasing profitability;
  • Figure out how to segment the market offering lower priced services for more routine matters in order to build trust so that when a client has amore complex problems they will turn to you for assistance;
  • Emphasize all of the advantages of using an attorney over a non-lawyer forms provider in your marketing materials and your elevator speech. Click here to see one such comparison.
  • Use web-based technologies to respond to both prospects and clients within hours rather than days.
  • Reduce the perceived risk that consumers have in retaining a lawyer by increasing transparency and structuring forms of performance guarantees.
  • Adopt project management technologies to better estimate costs and fees on more complex projects, translating that data into communications that clients understand.

The current depressed economy and its affect on the broad middle class is not going to change tomorrow. It is likely that solos and small law firms, will have to adjust to new pricing and market realities in the future as competition from non-lawyer providers of legal solutions continues to increase. Large law firms serving large corporations may be immune from these developments, at least for a few years any way, but the fact that Big Law is changing relatively slowly should not mask the rapid changes happening to solos and small law firm practitioners that serve consumers and small business.

I heard a report the other day that the volume of wills and estates practice in one state declined by 50% during the past year. I predict that this trend will continue and not reverse itself, despite any improvements in the economy.

Some commentators think that the monopoly will hold. History and the experience of other countries in deregulating the legal profession suggests otherwise.

Welcome to the "new normal."