Posted on June 06, 2017 in Family Law

When making a determination for parenting time and the allocation of parental responsibilities, the courts generally consider the best interest of a child. However, there is often an extra element of concern when the determination involves a child with special needs. Much of this is due to the increased need for supervision, medical care, and educational provisions. How might these factors impact your case? More importantly, how can you ensure that your child's needs are met during the divorce proceedings? The following explores these questions and provides information on where to find qualified legal assistance with your case.

Allocation of Parental Responsibilities

The allocation of parental responsibilities is the power to make decisions about the child's daily life (i.e. where to receive medical care, education needs, religious affiliation, etc.). It is often assumed that the parent with more parenting time will receive more of the decision-making power, but this is not always true. The child's needs and family dynamics could lead to a nearly even split in the allocation of parental responsibilities (formerly known as joint custody), or one parent may have more decision-making power than the other. That increased amount of decision-making power can go to either parent, regardless of the amount of awarded parenting time.

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 Posted on May 31, 2017 in Family Law

After a divorce or separation, couples begin their own, unique journey. In many cases, the new path is a positive thing, but sometimes it can take a person further from the people they love most. If that person you are leaving is your child, but you must move to secure housing or employment, it can feel as though you are severing one limb to save another. In such situations, virtual visitation may be an option.

Using Virtual Visitation to Fill the Gap

Some parents live just an hour or two away from their children and can still visit their child on a weekly or bi-weekly basis. Others live in completely different states or countries and might be lucky to see their child in person once or twice a year. Virtual visitation can fill the gap when in-person visits are not reasonable by giving children and parents a way to connect. True, it is not the same as an in-person visit, but it still fosters a healthy and consistent relationship between both parent and child. For the most favorable results, video camera visits - either through webcam or phone application - are recommended.

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 Posted on May 29, 2017 in Divorce

Divorce is more than just severing marital ties; it is also a new start. For some, that new start could be exactly what is needed to advance a career or grow a business. However, one should be aware that there are many financial risks tied to divorce. As such, it is crucial to start building a post-divorce financial plan as soon as reasonably possible. The following information can help you get started. It also provides you with insight into the divorce process and its potential pitfalls.

Examine Your Finances and Expenses

In marriage, you and your spouse likely shared income and expenses. Post-divorce, the income you earn will be yours, but so will your expenses. As such, it is crucial that you know what money you have coming in and what you are paying out. Perhaps even more important is knowing where that money is going; knowing this can help you shave off the excess. For example, if you are the one that pays the cable bill, but you rarely watch television, you can remove it from your planned monthly expenditures.

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 Posted on May 25, 2017 in Child Custody

Although the divorce rate has fallen over the last several years, there are still many families that separate each year. When a child is at the center of that family, parents often worry if the divorce will negatively impact the mental and emotional health of their child. Countless studies suggest this could be the case, including a recent one that was supported by the National Institute for Mental Health, but there may be less to worry about than the experts let on - especially if parents know how to mitigate against the possible risks.

Examining the Possible Impact of Divorce

Society often thinks of children as "resilient" and capable of overcoming the obstacles they face early in life. On one hand, there is some truth to that. On the other hand, there is a real risk of emotional trauma. For example, children who experience parental alienation may experience long-term complications, such as disdain for the alienated parent. Alternatively, the child may have a sense that there is something wrong with them because they still love the alienated parent, despite all the "horrible" things they have allegedly done. As a result, the child may be prone to depression, anxiety, or low self-esteem.

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 Posted on May 23, 2017 in Family Law

Family violence and abuse are not a new issue in divorce cases. Many parents have had to fight to protect their children from a violent spouse. In contrast, parental alienation is a new concept in family court. However, some experts say the issue has been around as long as divorce (if not longer). Still, other psychologists believe parental alienation is nothing more than a clever defense for abusive parents - a way for them to control and punish an already beaten-down spouse. Sometimes, the latter is correct, but determining whether a case is a matter of family violence or parental alienation is rarely easy.

Parental Alienation as a Defense for Abuse

It is true that there are documented cases in which parental alienation was used as a defense strategy for an abusive parent. Retaliation and control are often the game, and the individuals who play it know how to win. They use every strategy possible. They hire bulldog attorneys that demonize an abuse victim. They propose family reunification camps that, to date, lack any evidence of efficacy. Some even issue threats to the child to encourage them to play along.

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 Posted on May 16, 2017 in Divorce

Some divorcing couples experience few obstacles, challenges, and contention and end up completing the process relatively quick. Others struggle tremendously with concerns over how their business, children, or marital estate will be divided. They endure heated arguments, asset hiding, or a depreciation of their marital assets. In these situations, and others like them, slow and steady may be the optimal pace. Learn more about divorce planning, including what it is and what you can expect from the process.

What is Divorce Planning?

Divorce planning is all about hoping for the best but planning for the worst. It helps you prepare to make difficult decisions using logic instead of emotion. You consider the challenges that you might face, and you take steps to mitigate against them before they occur. More importantly, you feel more confident as you move through the divorce process.

Taking the First Steps

Before moving forward, it is important to prepare. You will need a clear understanding of your debts and assets, including those that belong to your spouse. Gather documents related to all bank accounts, loans, credit cards, real estate, paychecks, retirement accounts, insurance policies, titles or mortgages, and income taxes. You should also know what your credit looks like, so you will need a copy of your credit report. All this information should be kept in a safe place so that they do not disappear.

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 Posted on May 11, 2017 in Divorce

When going through a divorce, couples often struggle to see anything past the present situation. Part of this is due to the emotionally stressful and overwhelming nature of divorce itself. However, there are often other factors at play. For example, divorcing parties may not be fully aware of the tax implications of the assets they receive in divorce, or they may not consider what could happen if they eventually sell an asset they receive. Unfortunately, that type of short-sidedness can have grave financial consequences. Learn more with help from the following.

Recurring Taxation After Divorce

Certain assets, like real estate, are taxed on a recurring basis. If you receive a distribution of these assets in the divorce decree, you then become responsible for their recurrent tax. Before you accept a divorce settlement, carefully consider the tax implications of each asset, you are asking for in the divorce. Your divorce attorney and a financial advisor can give you more insight on your specific situation and circumstances.

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 Posted on April 27, 2017 in Divorce

With divorce comes the division of debts and assets. For many couples, this can be a contentious issue. However, it may be made worse if one divorcing party has a spending problem. Assets can be depleted, sometimes significantly, which can result in a decreased settlement. Be it an intentional depletion of assets or a simple issue with knowing how to budget and spend accordingly, the following information can help you deal with a wasteful spouse during a divorce.

Why Continued Sharing of an Account May be Necessary

On the one hand, the solution to asset depletion might seem simple: just stop sharing accounts. Unfortunately, this is not always an option. In some cases, it may be difficult to untangle joint assets. As such, the assets may need to be shared until the divorce is finalized. In other cases, one of the spouses may be caring for the children but not have enough to support them; since the children should not have to suffer, sharing of assets may be required.

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 Posted on April 25, 2017 in Family Law

When your relationship with an ex-spouse or ex-partner involves an element of abuse, it can be difficult to think of your child spending time with that person. However, a history of abuse may not cancel out the child's right to a relationship with their other parent. Understanding this, and dealing with it can be difficult, but there are things that you can do to put your own mind and heart at ease. Learn more about your options regarding possible parenting time restrictions when there is a history of abuse, including when and where to seek assistance.

Presenting Your Case

One of the biggest challenges in bringing forward a case of abuse to the courts is ensuring that you are not somehow deemed as a someone who is trying to interfere with the rights of the other parent. As such, it is so crucial that you approach abuse issues carefully. Documentation is helpful, but the most important step you can take is to talk to an attorney instead of trying to handle the issue alone. Doing so could also be highly beneficial if you believe you may still be in danger; not only can a family law attorney protect your rights and the best interests of your child, they can also help you pursue a restraining order against the abusive parent.

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 Posted on April 20, 2017 in Divorce

The decision to divorce is rarely made in a day. In fact, it is not uncommon to spend months or years deliberating and wrestling with the possibility of ending a marriage. Unfortunately, this means that some may become impatient to move forward with their lives. As such, they may move too quickly through the divorce process, upset their spouse, and ultimately create a negative divorce experience. Thankfully, there is a better way.

Remember That You Had a Head Start

One of the most common mistakes that deciding parties make is they forget that they have already had a head start in dealing and coping with the idea of divorce. Your spouse, who may not have even been aware of your unhappiness, has not had this advantage. They may be shocked. They may get upset or angry. At the very least, they may be in an emotionally fragile state. As such, it is recommended that you carefully consider your words, your timing, and your response to the possible reactions of your spouse.

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