Wealthy and Getting Divorced? 6 Essential Tips for Hiring a Divorce Attorney

Divorce attorneys vary greatly when it comes to personality, level of experience, areas of expertise and more. In the following post, Dallas divorce attorney Aubrey Connatser offers advice for wealthy individuals on how to hire a divorce attorney when sizeable assets and custody of children are at stake. Divorce is rarely easy, regardless of income level. However, how an affluent person approaches divorce and the divorce attorney he or she chooses can have a significant impact on the outcome of their divorce case. If you are wealthy and plan to divorce, consider the following tips to find a divorce attorney whose values align with yours, and who has the capabilities to meet your financial and child custody goals. No. 1: Ask trusted advisors to recommend a good divorce attorney. One of the best ways to begin your search for a divorce attorney is to ask a trusted attorney you already work with to make a recommendation. For example, a lawyer who is known and trusted by your family or who handles legal concerns for your family business is typically a good resource. People in the legal community tend to be the ones who know who the good divorce lawyers are in the cities and counties where they practice. Also, if you know someone who has (1) gone through a divorce, (2) been similarly situated, (3) had a good experience with their lawyer, they can be another great resource. What a lot of clients tell me when we meet for the first time is, “I got your name from so-and-so, and then when I asked someone else who they would recommend, your name came up again. So that made me think you must be someone I want to talk to or hire.” If you keep hearing the same attorney’s name popping up, that’s a good way to narrow down your search. Looking for more helpful tips? Check out these 18 helpful tools in our Ultimate Divorce Toolkit. No. 2: Interview more than one divorce lawyer. I always recommend people interview more than one divorce attorney, because you want to hire a lawyer whose experience and approach to divorce aligns with your goals. It’s also important to meet face-to-face, because if you like how the attorney represents himself or herself in person, chances are good that the judge will like them too. The in-person meeting allows you to get a good feel for the attorney, determine whether the two of you are compatible and find out if you share the same ethics, morals and values. No. 3: Seek out an attorney who will be diligent about maintaining your privacy. Affluent parties who want to stay out of the spotlight shouldn’t hire an attorney they see on the news with their divorce clients. This is especially true if any fame or notoriety is associated with either spouse. Instead, hire someone who is known to use discretion, maintain confidences and will be dedicated to maintaining privacy. No. 4: Evaluate the strengths and weaknesses of the attorney. It’s important to find a lawyer who has business acumen and experience, because the wealthy tend to have more complicated assets. Some attorneys have more experience with complex property cases, while others are stronger on custody cases. Some lawyers are strong in both areas. Look for an attorney who has extensive experience in the issues present in your case. Get Aubrey’s insight on a landmark $1 billion divorce settlement in this past story on Big & Rich Texas Divorces. No. 5: Avoid hiring a solo practitioner. Solo practitioners typically don’t have the bandwidth to adequately address all...

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As a Presidential Candidate, Should Donald Trump’s Divorce Records Be Unsealed?

In August, Gannett Co. and The New York Times asked the New York Supreme Court to unseal the 1990 divorce records of Donald and Ivana Trump. About the same time, a Hennepin County District Court judge in Minneapolis approved a request by the Minneapolis Star Tribune to unseal the 2006 divorce records of the late, rock star Prince and his ex-wife Manuela Testolini. On September 22, 2016, Manhattan Supreme Court Justice Frank Nervo refused to unseal the files – saying he has no power or business doing so. Since each state views privacy rights differently, we asked Dallas Divorce Attorney Christine Powers Leatherberry to weigh in on how the unsealing of the Trump and Prince divorce records might play out in Texas. According to Christine, “In Texas, it is presumed that all court records are to be open to the public. What is different here from other states is Texas excludes documents filed in actions arising under the Family Code from the definition of court records. So it is difficult to unseal divorce records in Texas.” The only exception – to the exception – for unsealing divorce records in Texas is when a public official is involved. Divorce Records of Public Officials Could Be Unsealed in Texas In the case of a mayor, governor or someone who is running for public office (like Donald Trump), the court may consider unsealing his or her divorce records if the judge believes information in the sealed documents should be made available to the general public. As Christine explains, “For example, if a public official’s ex-spouse filed a protective order against him or her, a Texas judge may agree to unseal those divorce records if he or she believes the public has a right to know about those details.” According to the USA TODAY, The Trumps’ divorce was granted on the grounds of “cruel and inhumane treatment,” though the couple eventually agreed to a settlement. “Bottom line, it’s pretty hard to unseal divorce records in Texas, unless it’s a public official. Since Donald Trump is running for President, the press in Texas would have a decent chance of unsealing his divorce records if the Trumps’ divorce had been finalized here,” Christine says. It’s Easier for Celebrities to Keep Divorce Records Sealed in Texas With celebrities like Prince, the Texas family court is less likely to find that the public has a right to know what information is sealed in their divorce documents. However, it is important to ask your family law attorney to take the appropriate steps to keep your divorce records private. “The other thing that is unique in Texas is that an order sealing or unsealing records cannot be reconsidered if an interested third party had notice. So if you ask a judge to revise his or her position, and if the newspaper had notice of the hearing to begin with (2006 in the Prince-Testolini records), the newspaper’s request would likely be denied anyway,” says Christine. As a high-profile, Dallas divorce attorney, Christine regularly petitions the family court to seal her clients’ divorce records.  Typical language for a request to seal may be: The sealing of the records in this action will not have an adverse effect on the public health or safety, and the records do not involve matters that should be available to the general public. Texas Protects the Privacy of Parties to a Divorce – Especially Children “The state of Texas stands firm when it comes to protecting the privacy of people going through divorce and custody and child support modifications. If it’s in the best interest of the children involved to...

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