Audio CD + Course Book

Divorce Litigation From Start to Finish

Audio CD + Course Book

Copyright Date:

May, 2018

Product ID#:

78905CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: Divorce Litigation From Start to Finish, held May 2018.

Program Description

Much has been said about the issues discussed in divorce. But what about the procedures? Are you intimately familiar with all the dos and don'ts of family court? This procedural guide will walk you step-by-step through the mechanics of a divorce case. Streamline your motions practice and explore new and time-tried discovery techniques. Get sample forms and tactical tips that will help your next case go smoothly. Order today!

Course Content

  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 Credit

Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

  1. DIVORCE CASE INTAKE AND PRE-LITIGATION TACTICS
    9:00 - 10:00, Johnnie Emberton Rhoads
    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
    10:15 - 11:00, Johnnie Emberton Rhoads
    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. Scheduling Orders and Meeting the Deadlines
    7. Responsive Pleadings - What to Use, When and How
  3. DISCOVERY PROCEDURE
    11:00 - 12:00, John J. Mikesch and Scott E. Smith
    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
    1:00 - 2:00, John J. Mikesch and Scott E. Smith
    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
    2:00 - 2:45, John J. Mikesch and Scott E. Smith
    1. Effective Use of Preliminary Orders
    2. Validity of Pre- and Post-Nuptial Agreements
    3. Restraining/Protective Orders - Special Rules and Strategies
    4. Request for Hearing, Witness List and More
    5. Requirements for Pendente Lite/Temporary Relief Stipulation and Order
    6. When and How to Use Collaboration or ADR Procedures
    7. Settlement Options and Tips for Negotiating Child Custody and Visitation
    8. Rights, Priorities, Conduct of the Settlement Conference/Evidentiary Hearing
  6. TRIAL OF A DIVORCE CASE
    3:00 - 3:45, John J. Mikesch and Scott E. Smith
    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, John J. Mikesch and Scott E. Smith
    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. Child Custody Modifications
    5. Relocation Issues
    6. Current Case Law

JOHN J. MIKESCH is a partner with Taylor Law Partners, LLP, in Fayetteville. He has practiced divorce law for more than ten years, and in addition to domestic relations, his practice areas include civil litigation and criminal defense. Mr. Mikesch earned his undergraduate degree, cum laude, from Bowling Green State University in Bowling Green, Ohio, and his J.D. degree from the University of Arkansas School of Law. He is licensed to practice in Arkansas and Missouri. Mr. Mikesch also practices in the Western and Eastern districts of Arkansas, the Western District of Missouri, and the Eighth Circuit of the U.S. Court of Appeals. He maintains memberships in the Arkansas Bar Association and the American Bar Association.

JOHNNIE EMBERTON RHOADS is a solo practitioner and owner of Rhoads Law Firm. Ms. Rhoads has been practicing law for more than 32 years. She practices in the areas of divorce actions, post divorce actions, guardianship, property division for unmarried couples, visitation, mediation, adoption and paternity. Ms. Roads in licensed to practice law in the state of Arkansas and in the federal courts - Western District of Arkansas. She is a member of the Benton County Bar Association.

SCOTT E. SMITH is a partner with Taylor Law Partners, LLP, in Fayetteville. His practice focuses in the areas of civil litigation, criminal defense (federal and state), divorce, family law, domestic relations, personal injury and products liability. Mr. Smith received his B.S. degree from Arkansas State University and his J.D. degree from the University of Arkansas. He is admitted to practice in Arkansas, as well as before the U.S. District Court for the Western District of Arkansas, the U.S. District Court for the Southern District of California and the U.S. Supreme Court. Mr. Smith is a member of the Washington County, Benton County, Arkansas and American bar associations, the National Association of Criminal Defense Lawyers, the Arkansas Association of Criminal Defense Lawyers, and the Association of Trial Lawyers of America.

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

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Mail: NBI
P.O. Box 3067
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