Just remember no matter how bad your divorce gets... At least you aren't this guy.

We have all heard horror stories of a woman scorned and a nasty, nasty divorce.  But making ricin and trying to frame your estranged husband for trying to kill the president.  Um... Um...WHAT?

Check out this article in the Wichita Eagle.

A federal judge Thursday ordered a psychological exam for the Texas woman accused of sending ricin-laced letters to President Barack Obama and New York Mayor Michael Bloomberg in an attempt to frame her estranged husband.  Shannon Richardson's court-appointed attorney, Tonda Curry, requested the exam, saying Richardson, 35, had displayed "a pattern of behavior" that raised the question about whether she could assist in her defense. Curry's wrote in a motion that her belief was based on a series of conversations with Richardson, who has been jailed since her June 7 arrest on a charge of sending a threatening communication to the president.

U.S. Magistrate Judge Caroline Craven's ruling means Richardson, who is six months pregnant, will be evaluated at a medical facility within the federal Bureau of Prisons, possibly within the next 30 days, to determine whether she can assist in her defense.  "She has never been inside a jail before, and that's a very, very harrowing experience, especially when you're older and pregnant," Curry said, elaborating on Richardson's mental state after a brief hearing Thursday. "She is suffering a lot of anxiety and panic attacks."  Curry filed the motion requesting the exam Thursday morning, just hours before a scheduled detention hearing. The detention issue was postponed until after Richardson's mental competency is determined.

Richardson, wearing an orange jump suit and with her hands shackled, did not speak during Thursday's hearing.  Richardson, an actress, has had minor roles on television and films under the name Shannon Guess. The government alleges she sent the ricin letters to the White House, Bloomberg and the mayor's gun-control group last month in an attempt to pin the crime on Nathan Richardson, the New Boston, Texas, man she married in October 2011.

Nathan Richardson filed for divorce on the day before his wife's arrest. He later told the Texarkana Gazette that he contemplated divorce last year but reconsidered when the relationship seemed to improve.  The marriage was at least Shannon Richardson's third, and she has five children ranging in age from 4 to 19 from other relationships, according to Nathan Richardson's attorney, John Delk.
Authorities have determined that the ricin letters, which threatened violence against gun-control advocates, were mailed from New Boston, about 150 miles northeast of Dallas, or nearby Texarkana and postmarked in Shreveport, La.

According to an FBI affidavit, Shannon Richardson first contacted authorities to implicate her husband in the scheme. But she failed a polygraph exam, and investigators found numerous inconsistencies in her story, the document alleges.  Richardson later admitted mailing the letters but maintained that her husband made her do it, according to the affidavit.  Speaking to reporters Thursday, Curry noted that her client has not been charged with sending a poisonous substance. If the government does file that charge against her, it will be strongly denied, Curry said.

"We are going to mount a vigorous defense on the ricin," Curry said.

The lead attorney for the government, Assistant U.S. Attorney Ryan Locker, declined comment, saying he doesn't discuss ongoing cases.

Read more here: http://www.kansas.com/2013/06/20/2856493/woman-accused-in-ricin-case-to.html#storylink=cpy

Tips for hiring a divorce lawyer in Johnson County

Came across this article in the Huffington Post.  Pretty good Advice.

By: Kate: Scharff

Imagine: You're sipping coffee, perusing the Sunday paper. Suddenly, you're jerked from your reverie by an ominous bang. You dash to the basement. Scalding water from your ruptured hot water heater rises around you. As your bare feet blister, you splash to your phone, Google frantically, then punch in the number of the first plumber you find who does emergency house calls. You don't check references. You don't care if the company is bonded. You can't even think. You just want it to stop -- now!

Facing separation and divorce is some version of this nightmare.

Whether you're leaving or being left, whether you've been planning the split for months or it hit like a bolt from the blue, life as you've known it is over. Even as your emotions ping pong like lottery balls, you'll have to make some big decisions -- starting with which lawyer you'll choose to represent you in discussions about two of the most important things in your life: your kids and your money.

Where to start?

Relax. You can do this. Here are some tips.

Tip #1
Breathe
You're under pressure. Maybe your wife has dumped your clothing in an angry heap on the guest room bed and left the real estate listings on the pillow. Perhaps your husband's attorney is flooding your inbox with nastygrams threatening litigation if you don't get counsel yesterday.  But guess what? This is a life crisis, but it's not an emergency.  Don't allow your spouse's bullying or your own anxiety to force you into any sudden moves. Choosing a divorce lawyer is one of the most important things you'll ever do. Researching options will pay huge financial and emotional dividends -- for the rest of your life.

Tip #2
Tell Your Greek Chorus to Quiet Down
Most of us naturally turn for advice to our nearest and dearest -- family, friends, colleagues. They all have opinions, war stories, and the name of a great lawyer. But they also have agendas. Your tennis partner -- still reeling from his wife's affair with her personal trainer -- will gladly produce the number of his gladiator. Your recently divorced friend who got "fleeced -- I'm telling you fleeced!" will eagerly refer you to her shark litigator.  While we all need support during this time, what your loved ones don't know can hurt you. Soak up all the emotional encouragement you can -- but do your own homework. Only you can know what kind of lawyer is right for you.

Tip #3
Take a Personal Inventory
Even in the early days when the very thought of your spouse elicits homicidal fantasies, ask yourself: Is an adversarial process going to serve you best? Try to think beyond today's pain and rage. Do you want to squander both your kids' college fund and any potential good will in a nasty negotiation or (worse) litigation?  Consider preserving your family's resources and the possibility of dancing with your ex at your daughter's wedding by choosing the most peaceful process that the two of you can agree on.

Tip #4
Educate yourself
There are many ways to get divorced. Very few couples (particularly those with short marriages, no kids, and simple finances) opt for the "kitchen table" approach -- they simply sit down together and work things out. But most couples need the support of divorce professionals. The "mainstream" processes (settlement negotiation, mediation, Collaborative Divorce, and litigation) differ from each other in a number of important ways. You need to get up to speed. Below I've listed some helpful websites. Just browse through them.  Remember: if you're a hammer, everything looks like a nail. If you're not sure which "type" of divorce would be best for you, interview attorneys with a full complement of tools in their toolbox.

Tip #5
Avoid a sales pitch
Attorneys have an ethical obligation to explain all legal process options. While many attorneys lean heavily toward certain ways of working (some, for example, prefer strategic negotiation over non-adversarial approaches), you're entitled to information about your full range of choices. If you're not getting good answers, go elsewhere.

Tip #6
Cheaper isn't always a bargain, and more expensive isn't always better
If finances are tight, a greener attorney might be a good choice. Many younger lawyers are well-trained, well-mentored, and, because they're typically less busy than their senior colleagues, may give your case a lot of attention. At the other end of the continuum are the famous Big Dogs with decades of experience and astronomic fees. If money isn't a concern, you don't have energy to research attorney's credentials, and national name recognition is important to you -- go for it. But know that these folks often offload big chunks of their work to other members of the firm. While that might be fine (even preferable), be sure to ask up front who will answer the phone when you call.

Tip #7
Choose a good listener
When you walk into a lawyer's office you'll be nervous -- you won't know what to expect. Before he or she launches into advice or starts strategizing, a good lawyer will take the time to put you at ease by listening carefully to your story, asking relevant questions, addressing your immediate concerns and offering emotional support.
Finally...

Tip #8
Trust your gut
Picking a divorce lawyer is like dating. If there's a voice in your head whispering "run," then run. You're getting out of bad relationship; don't jump into another one.

What are the benifits to filing for divorce before my husband/wife?

Found this article on Forbes.  Author is Jeff Landers.  Pretty interesting and useful food for thought.

Over the years, I’ve had several clients who felt blindsided when their husbands announced intentions to divorce. Some thought all was well enough in their marriage; others knew there were problems, but didn’t think the issues were insurmountable. Whatever the circumstances, divorce can sometimes come as a complete shock.  More often, though, wives have at least an inkling divorce could be on the horizon. Typically, both spouses sense the marriage is on borrowed time, and quite frequently each one is privately considering legally ending the relationship.

If that’s where your marriage stands right now, you may be wondering if you are any better off, financially and/or legally, if you file for divorce before your husband does.
Well, that’s a very good question, and the answer is somewhat complex. While it certainly doesn’t make sense to race your husband to the courthouse out of mere spite, or for the thin and fleeting satisfaction of winning at “gotcha,” there are legitimate reasons to consider filing first, if you have a choice. Here are a few of the most important factors you need to consider:

Financial Advantages of Filing First

You can have your divorce team lined up in advance.
Assembling the right team of qualified experts to help you achieve the best possible outcome from your divorce can take some time. You will need an excellent attorney, of course, and in financially complex divorces, it’s also essential to have a qualified divorce financial analyst  on your side. At a minimum, I also recommend a good therapist to help you through, as well as a vocational expert if you plan to re-enter the job market.

You can gather all the documentation you will need before the divorce begins.
It is critically important to have in your secure possession copies of all relevant financial and legal documents. These include not only bank and brokerage statements and tax returns, but also insurance policies, wills and trusts, retirement account statements, real estate records, vehicle registrations, etc. (See my Divorce Financial Checklist for a comprehensive list.) Locating and copying all these documents can take considerable time and effort, particularly if your husband is controlling or secretive where finances are concerned. Filing first means that you’ll have all your documentation organized and in a secure location before divorce papers are served.

You can ensure you have access to funds and credit before you file.

As soon as you think divorce is in your future, you should immediately begin to set aside money for the expenses involved. Make sure you have enough money to hire your divorce team; it is a critical investment in your financial future. Also, if you don’t have a credit card in your own name – and you absolutely should! – obtain one as soon as possible, as it may be hard to do so later.
(More advice for taking the first steps towards divorce are available in my earlier blog post, Five Best Financial Tips For Women Divorcing In 2013.)

Filing first may prevent your husband from hiding assets.
Deplorable as it is, many husbands hide assets during the divorce process. Filing first, particularly if you live in a state which requires an Automatic Temporary Restraining Order (ATRO), may help guard against any underhanded tactics.

Legal Advantages of Filing First

Filing first lets you choose where your divorce will be adjudicated.
Divorces are generally decided in the jurisdiction in which they are filed. If you and your husband have already separated and live in different counties or states, or if you spend equal time at homes in Connecticut and New York, for example, it is worth your while to check into the legal implications of filing in the different venues legitimately available to you. State laws can be widely different regarding such crucial considerations as child custody customs and division of marital assets, including whether or not an ATRO is part of the process. Your experience and expected outcome might vary widely in different jurisdictions. Do your research, and consult with attorneys wherever you might file.  As Laura A. Wasser , Divorce Attorney to stars like Maria Shriver, Heidi Klum, Angelina Jolie, Christina Aguilera, Mariah Carey, Britney Spears and many others, told me, filing jurisdiction can have a significant impact on virtually every issue of the divorce process.

“While in ideal circumstances couples divorce where they live, hiring lawyers or mediators whose offices are convenient for both to get to, the fact is that the filing jurisdiction will influence the outcome of every issue that may arise in the divorce proceeding—child custody, child support, spousal support, division of property,” she said. “That’s why it is so important to know your own state’s practices concerning the key issues.”  You may thwart some dirty tricks your husband could try to pull.  In particular, it may save you from falling victim to the trick known as “conflicting out,” by which the husband meets for quick consultations with all the best divorce attorneys in the area, thereby rendering them unable to serve the wife because they now have an attorney-client relationship with the husband.

I asked Laura to expand on this point, as well.  “In a great many law firms—including mine —you will be routed first to a gatekeeper before an actual lawyer gets on the line. In my case, it’s my secretary who runs a brief but fairly substantive screening process. She will take down basic information like your name, your spouse’s name, how long you’ve been married, how many kids you have, where you are filing your case, and the like,” she said. “The screening process runs a quick check of our database to make sure, for example, that your spouse didn’t phone us a year ago and come in for a meeting in which confidential information was relayed; that would mean I couldn’t represent you. Remember the famous episode of The Sopranos in which Tony’s putative new neighbor, a slimy lawyer if ever there was one, advises him to make appointments with all the top divorce lawyers in North Jersey so Carmela won’t be able to find legal representation? It worked, too; in a later episode, she freaked out at this further evidence of Tony’s controlling ways. We watch out for that sort of thing in this initial screening process.”  You’ll be able to learn more insights from Laura in her upcoming book, It Doesn’t Have to Be That Way; How to Divorce Without Destroying Your Family or Bankrupting Yourself, due out this fall from St. Martin’s Press
.
The “first to file” may be the first litigant to present his or her case at trial.  But think carefully before you do. Debra DiMaggio a divorce attorney in Illinois, tells her clients there are pros and cons to presenting first.  “On one hand, if you’re the wronged spouse, you may feel the need to be the first to file for emotional reasons. No one wants to be the ‘rejected’ spouse,” she explained to me. “But on the other hand, you may not want to reveal your strategy to the other side, who can then adjust his or her presentation accordingly.”  Debra’s advice is straightforward.

“In my opinion, if a spouse senses trouble in the marriage he or she should immediately meet with an attorney to obtain information about the law and gain practical insight about the process,” she said. “After interviewing a qualified domestic relations practitioner, that spouse will have a keener sense of his or her spouse’s intentions with respect to the marriage going forward.”

I agree wholeheartedly with Debra. While I always encourage my clients to Think Financially, Not Emotionally, there is an emotional component to filing first which can’t be discounted. I don’t need to tell you that ending a marriage can be a wrenching, heartbreaking process. Once the decision is made, though, there can be some real emotional strength to be gained from taking the first tangible steps toward your new life as a single woman. You may find that making the initial legal filing provides the psychological leg-up you sorely need, and that feeling more in control of the process will help you see the divorce through to your best advantage.

Most importantly, however, you need to build a strong, qualified divorce team to guide you through the divorce proceedings and help you secure a solid financial future as an independent woman.

New York case may have big impact on Prenuptial agreements

Came across this article in the New York Post.  It isn't binding on Kansas Courts but I did find it pretty interesting that New York had kind of thrown aside so many years of favoring the terms of a contract over the words that supposedly modified it.

By:  Kieran Crowly and Dan Mangan of the New York Post

The divorce “floodgates” have been opened for married folks to claim they were bullied into signing prenups after The Post revealed a landmark court decision that tossed out a Long Island couple’s agreement, lawyers said yesterday. “It gives those litigants a leg to stand on,” famed Christie Brinkley divorce lawyer Robert Wallack said about a February appellate panel ruling that voided a prenup between a Nassau County real-estate executive and his wife. The Brooklyn Appellate Court panel ruled that Peter Petrakis, who controls $20 million in real estate, had “fraudulently induced” his wife, Elizabeth, to sign their prenup four days before their wedding.

Peter, the panel found, threatened to call off the wedding if Elizabeth didn’t sign. She felt coerced because her dad had already paid $40,000 for a reception. Elizabeth claimed Peter verbally promised to rip up the prenup once they had kids. They eventually had three. Peter claims he never made that promise. The panel found his credibility “suspect.”

The Petrakis case is “shocking,” Wallack said, because “it is the first time the court has accepted verbal promises over what is written in the agreement. “The problem with that is that you have courts getting involved in this credibility debate and deciding who to believe . . . we always used to rely on what’s in the writing.” “It’s a really dangerous, slippery slope,” said the lawyer, who repped Brinkley in her split from her fourth hubby, Peter Cook. Cook had challenged his prenup with the supermodel, but they ended up agreeing to a $2.1 million settlement. The Petrakis ruling allows Elizabeth’s divorce case to proceed — with no prenup. Her lawyer, Dennis D’Antonio, said he had gotten more than 20 messages yesterday morning from people wanting to challenge their own prenups — and from other lawyers who had such clients.

Marilyn Chinitz, a top Manhattan matrimonial lawyer, said it was a new era for divorce cases. “This opens up, in my opinion, a floodgate of litigation because the appellate court did not specifically detail the matters they were relying on in affirming the lower court’s decision,” said Chinitz, whose clients have included Michael Douglas and Tom Cruise. She said the ruling was “not a good decision for those who enter into prenuptial agreements because they expect for agreements to be honored by both the courts and the parties.” Jeffrey Cohen, who represented “Catch-22” author Joseph Heller and rocker Lou Reed in their splits, called the decision “a fairly dangerous precedent” that “is going to be a weapon to be used whenever anyone wants to say coercion was used” to get them to sign a prenup.

Judge Dismisses suit against lawyer in divorce case

Judge Dismisses suit against lawyer in divorce case.

By Joe Beck
A Winchester judge has dismissed a lawsuit filed by a local attorney against his former wife's divorce attorney.  Judge Joanne F. Alper ruled Feb. 27 that Phillip S. Griffin h

ad failed to state a claim that supported his suit against William E. Shmidheiser III of Harrisonburg.

In an interview Monday, Shmidheiser said he believed the suit was motivated by hard feelings stemming from the divorce case.  I think I said at the time I trusted in the system to dispose of the lawsuit, that it was a crazy lawsuit," Shmidheiser said. "I trusted in the system, and the system repaid that trust."  Griffin's lawsuit accused Shmidheiser of committing perjury, fraud and misrepresentation. Other accusations included defamation and violations of the Fair Debt Collection and Fair Credit Reporting acts.

The suit sought $2 million from Shmidheiser and his law firm.

Shmidheiser said the divorce case, which was still pending at the time the suit was filed, has been settled. Shmidheiser began representing Griffin's former wife, Kathryn Obenshain Griffin, in Winchester Circuit Court in 2006. A judge sealed the divorce records at Shmidheiser's request in 2007.
Shmidheiser sounded confident that the case is over, although Griffin has 30 days to file an appeal to the Virginia Supreme Court.

"It was just annoying to me because it got so much widespread publicity," Shmidheiser said of the lawsuit. "I'm happy to have it over."