Much has been said about the issues discussed in divorce. But what about the procedure? Are you intimately familiar with all the “musts” and “must-not's” of family court? This procedural guide will walk you through a detailed step-by-step instruction on the mechanics of a divorce case. Streamline your motions practice and explore new and time-tried discovery techniques. Get sample forms and tactical tips to make your next case go more smoothly for you and the client. Order today!

1. Divorce Case Intake and Pre-Litigation Tactics
2. Commencing Divorce Action
3. Discovery Procedure
4. Ethics
5. Pre-Trial Motions Practice and Settlement Strategies
6. Trial of a Divorce Case
7. Enforcement and Post-Trial Modifications

1. DIVORCE CASE INTAKE AND PRE-LITIGATION TACTICS
   9:00 - 9:45, James F. Lovett Jr.
   1. Client Interview Questions and Documents to Obtain
   2. Advice to Client Who Hasn't Yet Told the Spouse About the Decision to Divorce
   3. Initial Analysis and Investigation
   4. Declining Representation
   5. Case File Organization Tips
   6. Divorce From Bed and Board/Legal Separation
   7. Annulment: Grounds, Procedure, Consequences of an Annulment Decree
   8. Is an Expedited Procedure Available?
2. COMMENCING DIVORCE ACTION
   9:45 - 10:30, LeeAnne Quattrucci
   1. Determining Residency and Declaring Domicile
   2. Venue and Jurisdiction Considerations and Conflicts
      1. Personal
      2. Subject Matter
   3. Automatic Orders
   4. Summons/Petition and Response
   5. Service of Process (Defendant in the State, in Another State, in Another Country, or Cannot be Located)
   6. Motions for Temporary Relief
   7. Scheduling Orders and Meeting the Deadlines
   8. Responsive Pleadings – What to Use, When and How
3. DISCOVERY PROCEDURE
   10:45 - 11:45, Janet L. Gemmell
   1. Timing of Discovery
   2. Requesting and Gathering Evidence (Interrogatories, Requests for Admissions, Depositions, Medical Examinations, Requests for Production, etc.)
   3. Evidence Production
   4. Spoliation Considerations
   5. Impact of Current Technology on Divorce Discovery (Including: E-Mail; Text Messaging; Social Networking Sites and Blogs; Privacy Issues in Wiretapping and Other Surveillance; etc.)
   6. Locating, Valuing and Dividing Assets
   7. Pros and Cons of Using Private Investigators
   8. Supporting the Claim for the Primary Caregiver
   9. Guardian Ad Litem/Custody Evaluators Communications, Reports, Fees
   10. Case Law Update
4. ETHICS
   12:45 - 1:45, LeeAnne Quattrucci
   1. Fee Agreements – Review a Sample Agreement
   2. Dealing With a Pro Se Litigant
   3. Conflict Checks
   4. Ethics Case Law Update
5. PRE-TRIAL MOTIONS PRACTICE AND SETTLEMENT STRATEGIES
   1:45 - 2:45, James F. Lovett Jr.
   1. Preliminary Orders
   2. Addressing the Validity of Pre- and Post-Nuptial Agreements
   3. Obtaining Retraining/Protective Orders in Cases Involving Domestic Violence
   4. Tips for Negotiating Child Custody and Visitation
   5. When and How to Use ADR Procedures: Arbitration, Mediation, and/or Med-Arb
   6. Judicial Settlement Conference
6. TRIAL OF A DIVORCE CASE
   3:00 - 3:45, Charles H. Montgomery
   1. Family Court Trial Procedure
   2. Introducing Evidence
   3. Maximizing Client/Witness Testimony
   4. Final Disposition
   5. Effective Use of Trial and Post-Trial Motions
   6. Preserving Issues for Appeal
7. ENFORCEMENT AND POST-TRIAL MODIFICATIONS
   3:45 - 4:30, Charles H. Montgomery
   1. Preparation and Implementation of (Qualified) Domestic Relations Orders
   2. Support Order Enforcement Options (Civil Contempt, Execution, Garnishment, Attachment, etc.)
   3. Support Modification Requests: Grounds, Proof, Procedure
   4. Relocation Issues
   5. Current Case Law

JANET L. GEMMELL is an attorney at Cape Fear Family Law and also does contract work for Rosen Law Firm in Raleigh. Ms. Gemmell has been a contributing writer and public speaker on divorce law topics for local publications, a national magazine, and has been interviewed by local media for divorce related stories. She is an active presenter of her firm's monthly divorce legal seminar and participates in the "Lawyers in the Schools" program where she educates students on divorce law in North Carolina. Ms. Gemmell is an active member of the North Carolina Bar Association, is a member of The Christian Legal Society and also is a board-certified Family Law Specialist. She graduated, cum laude, from the University of North Carolina at Wilmington in three years and went on to earn her law degree from the Norman Adrian Wiggins School of Law at Campbell University. In 1999, she was selected as one of a three-person team sent to represent Campbell University School of Law at the National Christian Legal Society Conference. Ms. Gemmell gained valuable experience through a pair of internships - one a highly selective program in the United States District Attorney's Office, the other, at Fort Bragg, which involved watching soldiers of the 82nd Airborne jump out of planes.

JAMES F. LOVETT JR. is a principal in the law firm of Rik Lovett and Associates, where he practices in the areas of divorce and family law. Mr. Lovett is a board-certified specialist in family law by the North Carolina State Board of Legal Specialization. He frequently lectures on family law issues to various business and professional groups. Mr. Lovett earned his B.A. degree from Furman University, Greenville and his J.D. degree from Wake Forest University School of Law. He is a member of the Wake County, North Carolina and American bar associations, and the North Carolina State Bar (member, Family Law section).

CHARLES H. MONTGOMERY is an attorney in Cary, North Carolina and has more than 35 years of experience in family law, civil litigation, appeals and mediation. He is a North Carolina board-certified specialist in family law and a certified superior court mediator, and has written and spoken frequently on various family law topics. Mr. Montgomery earned his B.A. degree, with distinction, from Duke University and his J.D. degree from Vanderbilt University. He is a member of the American (Family Law section) and the North Carolina bar associations.

LEEANNE QUATTRUCCI is currently an associate with Hager and Associates Law Office, P.C. Her areas of practice include family law, juvenile law and immigration law, and she also handles Department of Social Services cases. Ms. Quattrucci is a member of the Family Law Section of the American Bar Association, the North Carolina Bar Association, and the Washington D.C. Bar Association. Her commitment to pro bono work is vast and she is a pro bono Counsel for El Centro Latino. Additionally, Ms. Quattrucci is the co-chair of the Criminal Justice/Paralegal Department at Miller-Motte College, where she teaches aspiring paralegal and criminal justice majors. She also has co-written several books and is currently working on a mini-series. Ms. Quattrucci graduated from Wake Forest University and earned her J.D. degree from the University of North Carolina at Chapel Hill School of Law, where she attended as a Willis Whichard Scholar.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com