Divorce Litigation From Start to Finish
Tuesday, May 22, 2018
9:00 AM - 4:30 PM
Hilton Garden Inn Fayetteville
1325 North Palak Drive
Fayetteville, AR 72704
$339 / Each Additional
Registration Includes Course Book
Continuing Legal Education
- AR CLE - 6.00
Your Guide to Navigating the Court System in a Divorce Case
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? Let our seasoned attorney faculty 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 that will help your next case go smoothly. Register today!
- Get a refresher on how the divorce case moves through the court system to ensure no key steps are missed.
- Get a head-start on the case with sound advice for your client on what to do before announcing the decision to the spouse.
- Enhance your early investigation skills and learn when and how to decline representation.
- Make certain your initial court filings are impeccable to make the right impression on the judge.
- E-discovery is a powerful and accessible new tool in discovery litigation - learn to wield it effectively.
- Gain strategic tips for the timing and content of your pre-trial motions to give them maximum force.
- Delve into the complex issues of jurisdiction, venue, residency and domicile to ensure your client's interests are properly represented.
- Review the process of obtaining protective orders in cases involving domestic violence.
- Gain a strategic edge by augmenting substantive knowledge with a clear understanding and mastery of the court mechanics and classic litigation strategy.
- Find out how the courts have responded to the increasing number of requests for support modification.
Who Should Attend
This basic-to-intermediate level seminar is designed for:
- Guardians Ad Litem
- Divorce Case Intake and Pre-Litigation Tactics
- Commencing Divorce Action
- Discovery Procedure
- Pre-Trial Motions Practice and Settlement Strategies
- Trial of a Divorce Case
- Enforcement and Post-Trial Modifications
Continuing Education Credit
Continuing Legal Education – CLE: 6.00 *
* denotes specialty credits
Agenda / Content Covered
- DIVORCE CASE INTAKE AND PRE-LITIGATION TACTICS
9:00 - 10:00, Johnnie Emberton Rhoads
- Client Interview Questions and Documents to Obtain
- Advice to Client Who Hasn't Yet Told the Spouse About the Decision to Divorce
- Initial Analysis and Investigation
- Declining Representation
- Case File Organization Tips
- Divorce From Bed and Board/Legal Separation
- Annulment: Grounds, Procedure, Consequences of an Annulment Decree
- Is an Expedited Procedure Available?
- COMMENCING DIVORCE ACTION
10:15 - 11:00, Johnnie Emberton Rhoads
- Determining Residency and Declaring Domicile
- Venue and Jurisdiction Considerations and Conflicts
- Subject Matter
- Automatic Orders
- Summons/Petition and Response
- Service of Process (Defendant in the State, in Another State, in Another Country, or Cannot be Located)
- Scheduling Orders and Meeting the Deadlines
- Responsive Pleadings - What to Use, When and How
- DISCOVERY PROCEDURE
11:00 - 12:00, John J. Mikesch and Scott E. Smith
- Timing of Discovery
- Requesting and Gathering Evidence (Interrogatories, Requests for Admissions, Depositions, Medical Examinations, Requests for Production, etc.)
- Evidence Production
- Spoliation Considerations
- 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.)
- Locating, Valuing and Dividing Assets
- Pros and Cons of Using Private Investigators
- Supporting the Claim for the Primary Caregiver
- Guardian Ad Litem/Custody Evaluators Communications, Reports, Fees
- Case Law Update
1:00 - 2:00, John J. Mikesch and Scott E. Smith
- Fee Agreements - Review a Sample Agreement
- Dealing With a Pro Se Litigant
- Conflict Checks
- Ethics Case Law Update
- PRE-TRIAL MOTIONS PRACTICE AND SETTLEMENT STRATEGIES
2:00 - 2:45, John J. Mikesch and Scott E. Smith
- Effective Use of Preliminary Orders
- Validity of Pre- and Post-Nuptial Agreements
- Restraining/Protective Orders - Special Rules and Strategies
- Request for Hearing, Witness List and More
- Requirements for Pendente Lite/Temporary Relief Stipulation and Order
- When and How to Use Collaboration or ADR Procedures
- Settlement Options and Tips for Negotiating Child Custody and Visitation
- Rights, Priorities, Conduct of the Settlement Conference/Evidentiary Hearing
- TRIAL OF A DIVORCE CASE
3:00 - 3:45, John J. Mikesch and Scott E. Smith
- Family Court Trial Procedure
- Introducing Evidence
- Maximizing Client/Witness Testimony
- Final Disposition
- Effective Use of Trial and Post-Trial Motions
- Preserving Issues for Appeal
- ENFORCEMENT AND POST-TRIAL MODIFICATIONS
3:45 - 4:30, John J. Mikesch and Scott E. Smith
- Preparation and Implementation of (Qualified) Domestic Relations Orders
- Support Order Enforcement Options (Civil Contempt, Execution, Garnishment, Attachment, etc.)
- Support Modification Requests: Grounds, Proof, Procedure
- Child Custody Modifications
- Relocation Issues
- 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:
Continuing Legal Education