Author: Joseph E. Cordell

father holding hands with daughter outdoors with the cordell & cordell icon overlayed father holding hands with daughter outdoors with the cordell & cordell icon overlayed

Child Support vs. Custody Enforcement: Fathers’ Rights Issues

Written by Joseph E. Cordell on May 10, 2013. Posted in Child Custody, Child Support.

It is evident that the enforcement of child support and visitation are treated separately in the civil system, according to Cordell & Cordell Principal Partner Joseph Cordell’s latest Huffington Post divorce column.

The law is quick and severe when child support is not paid but is largely toothless when a father is denied access to his children.

The disparity between enforcement of failing to pay child support and custodial interference is particularly calamitous for fathers, who represent 87.1 percent of child support payers and 82.6 percent of noncustodial parents, according to the U.S. Census.

“Much is made of the offensive moniker ‘deadbeat dads’ and the histrionic punishments doled out by zealous judges,” Mr. Cordell writes. “However, throughout my 20+ years with Cordell & Cordell advocating for fathers’ rights, it is apparent the more pertinent story is the paucity of attention, much less innovation, given the reciprocal problem relating to primary custodians that defy court orders respecting the other parent’s access and participation in children’s lives.”

Read the full column on HuffingtonPost.com: “Disparity Between Child Support and Custody Enforcement.”

How to Value Your Home During Divorce: Key Tips

Written by Joseph E. Cordell on March 4, 2013. Posted in Marital Property.

Cordell & Cordell Principal Partner Joseph Cordell provided the Huffington Post with three ways to value the marital home in a divorce.

For many couples, the marital residence is the largest asset obtained during the marriage, writes Mr. Cordell. Whether you or your spouse wishes to retain the marital residence after the divorce, it is important that an accurate value is obtained for purposes of property division.

Read “Three Ways To Value Your Home In A Divorce” to ensure that a fair and accurate value for the property is obtained.

5 Essential Tips for Handling Domestic Violence in Divorce

Written by Joseph E. Cordell on October 11, 2012. Posted in Family Law.

October is National Domestic Violence Awareness Month. Unfortunately, when guys going through divorce say they are the victims of domestic violence, they are often met with blank stares, suspicion and disbelief.

Cordell & Cordell CEO Joseph E. Cordell wrote about the frustrating reality in his article “The Fives Musts For Dealing With Domestic Violence In Your Divorce” appearing on HuffingtonPost.com.

“Let me be clear,” Mr. Cordell wrote. “Violence against women should not be tolerated, just as violence against men should not be tolerated. But in my experience and in the opinions of other Cordell & Cordell attorneys, men have a harder case to prove that they are the victims, not the perpetrators.”

If you are a victim of abuse, in order to prove your case — as well as protect your family — when domestic violence is an issue in your divorce, consider following “The Fives Musts For Dealing With Domestic Violence In Your Divorce.”

Joseph Cordell on the Importance of Legal Custody

Written by Joseph E. Cordell on August 18, 2012. Posted in Child Custody.

When most prospective Cordell & Cordell clients come in for a consultation, they know what kind of physical custody they are looking to enjoy with their children. Many though do not realize that physical custody is not the only form of custody and that legal custody is also very important.

Cordell & Cordell co-founder Joseph Cordell explores the multiple meanings of custody in his latest Huffington Post column.

The significance of legal custody is that the non-custodial parent — which is the father 83% of the time — cannot be cut out of the decision-making process regarding any major issues involving the children.

In the absence of primary physical custody, joint legal custody becomes an important mechanism to prevent Mom from reducing Dad to a child support provider and occasional weekend babysitter.

Read Mr. Cordell’s full Huffington Post article, “The Multiple Meanings Of Custody.”

Cordell & Cordell Featured In Business Insider On Rise Of ‘Man-imony’

Written by Joseph E. Cordell on May 11, 2012. Posted in Maintenance.

With many of the nation’s top divorce lawyers citing an increase in the number of women ordered to pay alimony (often referred to as “man-imony”), Business Insider asked Cordell & Cordell CEO Joseph Cordell to confirm the trend through a survey of the firm’s 145 family law attorneys located in 24 states.

Cordell & Cordell attorneys affirmed that the trend is not a fluke; more women are being saddled with alimony and child support payments that have long been considered almost guaranteed to be ordered to the father in divorce cases.

“This is a glacial but positive movement on the part of judges to be more gender blind in divorce court,” Mr. Cordell told Business Insider.

It’s also a sign that women are finding more success on their career paths and are now becoming more responsible for financial obligations to the family.

However, there is still progress to be made, according to Mr. Cordell.

“One thing I heard back from our divorce lawyers was while we consider it cause for celebration … judges are still tight-fisted when they’re pulling money out of the wife’s hands for the husband’s support,” he said. “There’s still not symmetry there.”

For more information, read the full article “Men Winning Divorce Battles.”

Prenuptial Agreements: Key Factors to Consider Before Marriage

Written by Joseph E. Cordell on April 19, 2012. Posted in Marital Property.

Once seen as an inducement to divorce, and thus a detriment to marriage, prenuptial agreements are now treated as a strength for marriage, though they are not for everyone, according to Joseph Cordell’s latest column on HuffingtonPost.com.

“There’s a popular perception that prenuptial agreements are a cynical way to enter into a marriage,” Cordell wrote in his post “What You Need To Know About Prenups.” “It’s true that prenups recognize the possibility of divorce, but with roughly half of all marriages ending in divorce you would be ignoring reality if you didn’t attempt to protect your interests before tying the knot.”

In general, there are four factors to consider when deciding whether you should pursue a prenup.

1. Age of the parties: the older you are, the more likely you need one.
2. Children from a previous relationship: a prenup is always a good tool to protect the financial future of children from prior marriages or relationships, but these agreements are not allowed to regulate issues relating to children of the future marriage, such as child custody.
3. Presence of substantial assets: the more assets you have, the more likely you need a prenup.
4. Disparity of assets: if there is a large disparity in assets between the two parties, then you want a prenup.

Read more about prenuptial agreements and whether such an agreement befits your situation on HuffingtonPost.com.

Cordell & Cordell’s 5 Ways To Sabotage Child Custody

Written by Joseph E. Cordell on April 3, 2012. Posted in Child Custody.

Cordell & Cordell co-founder Joseph Cordell relied on his decades of experience to compile for HuffingtonPost.com his list of five common mistakes men make during child custody battles.

“Judges are human and susceptible to biases, including the antiquated preconception that children of divorce are better off living with their mothers,” Cordell shared with HuffingtonPost.com. “So guys cannot afford to fall any further behind when it comes to presenting their case for custody.”

These five mistakes will certainly hurt your custody chances:

Yelling at your wife.
Moving in with a significant other.
Criticizing your wife to friends, family, and children.
Denying telephone contact with mom when the children are with you.
Taking the kids out of the area without warning mom in advance.

If you behave as though the judge were standing next to you each time you interact with your wife and children, Cordell writes, you will certainly avoid the pitfalls that will reduce your custody chances.

Read the full article: “Ways To Sabotage Child Custody“

Business Insider Asks Cordell & Cordell ‘What To Wear To Court?’

Written by Joseph E. Cordell on March 15, 2012. Posted in Family Law.

Image is important in domestic cases. The way you care for and present yourself is important in presenting your overall case. That’s why you should think of your physical appearance as your first exhibit.

Business Insider asked attorney Spencer Williams about what you should wear to court during your divorce case.

For men: A nice button up shirt and slacks will do the trick. Adding a sports coat and/or tie is “optional and nice but not necessary,” Williams advises. In a pinch, a new and clean pair of dark jeans and a button-up or polo shirt will do.

For women: Stick with reasonable heels. “They don’t have to wear flats but watching someone in six inch heels wobble to and from the witness stand or even fall is not pretty,” he says. “Thigh high boots should be left at home. Stockings, if visible, should be traditional.”

Read the full article: “What Not To Wear To Your Divorce Hearing“

The 9 Most Expensive Cities For Getting A Divorce

Written by Joseph E. Cordell on March 15, 2012. Posted in Divorce.

Business Insider consulted with the divorce lawyers of Cordell & Cordell for analysis of “The 9 Most Expensive Cities For Getting A Divorce,” which it calculated based on the average rate for divorce attorneys in cities across the country.

Attorney Spencer Williams offered his insight into why cities like Dallas, Philadelphia, and Newark are so expensive when it comes to divorce (Los Angeles topped the list at an average rate of $350).

A problematic trend in many of these high-priced divorce cities is couples opting to pursue a divorce without hiring representation.

Many make the analogy to persons considering self-representation (or pro se) to that of a person who has a cracked tooth or a broken arm deciding to fix themselves without a dentist or doctor.

Can they fix the problem? Certainly. Will they enjoy the long-term ramifications of the do-it-yourself fix? Almost certainly not.

The expense of receiving legal advice on divorce from a qualified family law attorney may seem unaffordable at the time of divorce, but the cost in money, time, and peace of mind of not retaining a lawyer is most likely much greater in the long run.

Read the full article: “The 9 Most Expensive Cities For Getting A Divorce.”

How Involvement in School Can Help Win Child Custody

Written by Joseph E. Cordell on March 13, 2012. Posted in Child Custody.

Teachers are often called into court to testify regarding parental involvement in the children’s lives, particularly the educational aspect. The best thing you can do for yourself and your child is to ensure that you are not cut out of your child’s education, according to Cordell & Cordell CEO Joseph Cordell’s latest Huffington Post column.

“More often than not, it is the mother who has the time to volunteer at school to help out,” Cordell writes. “It’s Mom who usually is the one the school calls, who handles carpool, who drops off the snacks. Teachers see moms do this every day. Fair or unfair, when a dad does these things, it sticks out because few dads do so.”

As Cordell recommends in his book “The 10 Stupidest Mistakes Men Make When Facing Divorce,” make sure your kids’ teachers get used to seeing you.

It may just make the difference in your custody case.

Read the full article “Want Custody Of Your Kids? Get Involved With Their School!“