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

Continuing Education Credits:   

* denotes specialty credits

1. DIVORCE CASE INTAKE AND PRE-LITIGATION TACTICS
   9:00 - 9:45, Rosemary E. Phillips
   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, Rosemary E. Phillips
   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, Rosemary E. Phillips
   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, Rebecca E. Byrd
   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 - 2:30, Rebecca E. Byrd
   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
   2:45 - 3:45, James H. Drescher
   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, James H. Drescher
   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

REBECCA E. BYRD founded Byrd & Associates PLC, and is the firm's managing partner. Ms. Byrd's areas of practice include family and juvenile law, family and civil mediation and arbitration, criminal defense, personal injury, appellate practice and general civil litigation. She earned her B.S. degree, with high honors, from the University of Louisville and her J.D. degree from Vanderbilt University Law School where she was on the Dean's List. After graduation from college and prior to attending law school, Ms. Byrd was a successful businesswoman who owned several diverse businesses. Prior to starting her own firm, she was an associate with the Williamson County law firm of Petersen and Buerger, and later became a partner of the renamed firm of Buerger, Moseley, Carson & Byrd, PLC. For the last five years, Ms. Byrd has been actively involved in alternative dispute resolution. She is certified by the Tennessee Supreme Court as a Rule 31 family mediator and Rule 31 civil mediator. Ms. Byrd has successfully mediated numerous cases, saving litigants the substantial expenses and emotional turmoil of protracted trials. She is also certified by the National Board of Trial Advocacy as a certified family law trial attorney. Ms. Byrd is the current president of the Tennessee Family Law Section. She has been a feature lecturer to family law attorneys participating in the certified family lawyer continuing legal education seminar. Ms. Byrd is an active member of the American, Tennessee (Litigation and Family Law sections) and Williamson County bar associations and the American Trial Lawyers Association.

JAMES H. DRESCHER, with the Nashville law firm of Drescher & Sharp, PC, exclusively practices in the areas of civil litigation and domestic relations. He has participated in more than 50 jury trials, and has been involved in a wide range of cases at the trial and appellate level in state and federal court. Additional areas of concentration include commercial and business disputes, insurance disputes, personal injury and medical malpractice cases (plaintiff representation). Mr. Drescher earned his B.S. degree in political science from the University of Illinois, Champaign-Urbana and his J.D. degree, cum laude, from the University of Missouri, Columbia. He is a member of The Missouri Bar, the South Carolina Bar and the Tennessee Bar Association.

ROSEMARY E. PHILLIPS is an attorney in Goodlettsville where her areas of practice include family law, criminal law, probate, adoption law and mediation. Ms. Phillips is a member of the Nashville and Tennessee bar associations. She earned her B.S. degree from Middle Tennessee State University, her M.Ed. degree from Memphis State University and her J.D. degree from Memphis State University.

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