Jim and Lon Loveless have many things in common. They are father and son. They are both family lawyers. And they both work for the same firm as Jim recently followed his son to Orsinger, Nelson, Downing & Anderson as of counsel. Lon is a partner at the firm. They recently sat down to discuss the practice and evolution of family law.

Q: Has family law changed over the years and how?

Jim: The handling and resolution of family law litigation has changed for the better since I began the practice, but there are some instances where it has not improved. Today, 90 percent of family law-related lawsuits are resolved in mediation, making trial skills seemingly less important in the disposition of cases. Discovery and mediation preparation are the tools most used today. I have observed that when spouses can avoid the loss of control over their children and property in the divorce process through dispute resolution, instead of courtroom confrontations, they have a much better track record of working together in resolving post-divorce disputes.

Another change is too many family lawyers using a cookie-cutter, one-size-fits-all approach to dealing with often-complicated issues. Instead of working together, when possible, to craft the right resolution for the family and individuals involved, they want to defer to a chart or spreadsheet on all cases.

There was also a time when you knew all of the lawyers in the courthouse, and all of the judges knew you by name. This collegiality made the practice much more enjoyable. If you had an issue to resolve, there was always an open door or helping hand. Today, there is a lack of good communication. Texts and emails cannot take the place of direct verbal communication. Contentious, conflict-ridden, even cases with venomous litigants were settled by the lawyers, not a third party. If you needed to have a trial, you got one and the time to put on your case. Perhaps the system is overloaded by the sheer volume of those no longer in love.

Lon: I think family law litigation has improved over the past two decades, but there have been some noticeable changes. For example, with the evolution of technology, attorneys can now handle many issues electronically, such as filing court documents, conferencing with the court, exchanging discovery and documents, and communicating with their clients. This helps the attorneys and clients have immediate access to each other via email, text messaging and/or social media. Additionally, certain advancements with e-filing and electronic notices allow attorneys to communicate with the court, which means fewer trips to the courthouse and a reduced cost for the client.

Although technology does have its benefits, there has been a growing concern about the negative implications of social media and posts made by the parties during a contentious case. If one party is upset with their spouse, the attorney, judge or third parties, they often turn to social media to express their anger. Moreover, the increased communications that occur via email and/or text often lead to parties inappropriately expressing themselves to each other.

Q: What would you say are some of the top family law issues today?

Jim: The most perplexing issues in resolving family law disputes are as much “practical” as they are “legal.” First, striving to find what is truly in the best interests of the children of the relationship, instead of automatically following or applying the guideline rules found in a Family Law Code section or chart. Another is dissolving the marriage without destroying the relationship to the point where the parties are not able to move forward and pursue happiness. Finally, crafting a division of the marital estate with an eye on preserving value and finding the most logical allocation of marital assets, based upon all of the relevant circumstances.

Lon: In my opinion, the most challenging issue is what possession schedule the parties will adopt or will be ordered by the court. The parties usually have differing opinions on what is in the best interest of their children. Secondly, I think parties must understand that “fault” does not necessarily imply a more favorable property division anymore. If adultery or other fault issues have been involved, that does not necessarily mean the other side will automatically benefit. Lastly, I think parties must understand that each county, judge, and/or set of Standing Orders are different. In order to understand the legal process and guidelines in their jurisdiction, they must make sure they understand the process from the beginning of the case.

Q: What are the some of the things people should be aware of as they consider divorce?

Jim: People must know that every divorce or family law issue is unique to that situation. Just because one thing happened in someone else's divorce doesn't mean the same will happen in their case. Being an “uncontested” divorce does not mean there will be no contested issues or problems to resolve. The process can be lengthy and expensive. But the parties can do a lot to reduce the cost, reduce the length of time, reduce the emotional part of the process by being prepared and being reasonable.

Lon: I agree. With the Texas Family Code, not every divorce or custody case or prenup will be the same. I think parties should research which attorney will be most beneficial in resolving their case. They need to explore their goals and determine what strategy is best with their Board Certified Family Law attorney.

Q: Are less people getting divorced? Has the divorce rate impacted family law?

Jim: I believe the numbers of new divorce filings are not indicative of what is happening in society.

Statistical research findings show that both marriage and divorce rates have changed. According to multiple marriage statisticians, the marriage rate has dropped 5.1 points in the past 20 years, where the divorce rate has dropped 1.2 points. The same researchers predict that in the U.S., 50 percent of all marriages will undergo at least one serious separation, with 41 percent of marriages ending in divorce. The second marriage statistic is almost alarming at 60 percent. A top divorce rate researcher found a significant increase in divorce rates from the late 1960s to 1995. Since 1995, it has remained somewhat constant based upon the number of new filings.

Who is less tolerant? Research has found that 66 percent of divorces are filed by women, with the average first marriage length being eight years. But women with a bachelor's degree seem to learn more from the experience. Divorced women with a college degree have a significantly lower remarriage rate than men with similar education, at all age levels. Sadly, 50 percent of children will see their parents divorce.

I have also observed that a higher percentage of seniors are filing dissolution actions, particularly at the onset of retirement. People are retiring at a younger age than 20 years ago. Perhaps spending more time together is not always conducive to a lasting relationship.

Lon: I believe the statistics show that more than 50 percent of people are getting divorced these days. However, I think fewer people are getting married. I am finding more people who are either afraid of a long-term commitment, do not trust the person they are dating, and/or do not want the responsibilities associated with marriage. I do not think today's generation, mainly the millennials, have the same mentality about marriage as their parents may have had. Thus, less marriages would suggest a reduction in the number of divorces.

Q: How did you feel that your son became a family law attorney?

Jim: As any father would be, I'm proud of his accomplishments. After having been in trial with him for a few days recently, I was reminded that he is a very good trial lawyer and excellent family law attorney, putting the clients' interests at the top of his list of priorities. Giving back as a family lawyer is important. Recently Lon chaired a pro bono CLE program in Smith County, and I saw the respect and friendship he had with the lawyers of all ages who were attendees.

Q: Any advice you would want to pass along to future family law attorneys?

Jim: Know the law and be passionate about what it entails in order to help clients who are in often difficult situations. Be prepared and pay attention to the details. Be logical and reasonable.

If you are stumped by a problem, pick up the phone and call a colleague. Do not be afraid to say, “I do not know.”

Lon: Listen to your clients and their goals. Listening and communication are key tools to resolving a case.