Second Marriage? Consider a Prenuptial Agreement

on Oct 10, 2017 in Divorce

People entering a second marriage likely have experienced a divorce.  Statistics show that second or third marriages are even more likely to end in divorce than first marriages.  You have already likely experienced the pain, stress and expense of divorce.  Hopefully, by the time you are entering a second marriage, you are wiser than you were at the time of your first marriage.  This wisdom should include consideration of entering a prenuptial agreement with your soon to be new spouse. A prenuptial agreement details the expectations of the parties for finances during the marriage as well as if the marriage ends in divorce.  Sitting down ahead of time and discussing financial issues as well as negotiating a prenuptial agreement will…

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11 Situations Where a Family Law Attorney Can Help

on Oct 8, 2017 in Child Custody, Child Support, Divorce

There are many reasons someone might need a family law attorney.  Family law attorneys work to both establish rights, where appropriate, and protect the interests of families.  Below are some of the most common reasons people need family law attorneys. 1.    Adopting a Step Child Not every blended family adopts.  However, there are some times when adoption makes sense.  This includes situations where a biological parent has died, is incarcerated for an extended period, or is otherwise unavailable or uninvolved in a child’s life.  In those circumstances, adoption may be the right answer for a particular family.  Of course, courts have certain requirements before an adoption occurs.  Family law attorneys assist in making certain all of the necessary requirements have…

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How Does Daylight Saving Time Impact Children?

on Oct 5, 2017 in Child Custody, Divorce

As the saying goes, regarding daylight saving time, spring forward and fall back.  In 2017, daylight saving time began March 12 and it will end on November 5.  Seventy other countries also practice daylight saving time, although the start and end dates vary. People offer many reasons to justify daylight saving time.  Daylight savings time gives farmers more time to work in the fields.  It helps conserve energy by cutting back on electricity usage.  It benefits the economy by encouraging people to shop after work.  Daylight saving time gives children a chance to be outside and active longer in the evening during the summer months. Of course, the accuracy of these justifications is debated.  In fact, a 2014 study found…

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Halloween Post-Divorce

on Oct 1, 2017 in Divorce

Fall has officially arrived!  That means it is not too early to start planning for the Halloween post-divorce holiday.  Halloween is a quintessential "kids holiday."  Planning for the evening in advance keeps the focus on your children.   Consider whether you can embrace your life co-parenting your children.  Would it be better for one parent to be in charge of the evening?  Planning ahead makes for a great night.  Create wonderful memories with your children.  Here are some helpful tips to make it a spook-tacular night! Costume Selection One of the most important decisions for a child is what costume to wear.  Parents should check the school rules first.  Some costumes are not allowed because they are considered too violent…

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Gray Divorce

on Sep 27, 2017 in Divorce

Gray divorce is a term referring to divorces among older couples -- couples with “gray hair.”  Divorce rates have flattened overall, but they are actually increasing in couples in long-term marriages.  Why is this happening and what unique issues to gray divorces present? Why Older Couples Divorce Age is causing some couples to divorce.  Everyone ages, but some people handle aging differently.  Some people are much more negative about growing old.  When one spouse is negative about aging, it can cause resentment.  Being around a spouse that is constantly complaining is a significant cause of divorce. Sometimes couples simply grow apart.  Often, a couple’s focus is on raising children.  When the youngest child leaves the household, sometimes a spouse thinks…

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Finding Hidden Assets In Divorce

on Sep 22, 2017 in Divorce

Hidden assets is a very real concern when couples divorce.  According to an article in the Wall Street Journal, a study by the National Endowment for Financial Education found that 31% of spouses with combined assets report they have been deceptive about money and 58% of those adults admit hiding money from their partner or spouse.  Not surprisingly, this practice continues when the parties go through a divorce.  Unfortunately, divorce behavior often reflects the animosity between spouses.  Hidden assets are most commonly an issue in high value asset divorces. Often, finding hidden assets requires an experienced family law attorney working with financial experts.  The issue is contentious -- the party hiding the assets often does not voluntarily reveal the existence…

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Children and Divorce: Behavior to Avoid

on Sep 19, 2017 in Child Custody, Divorce

When a couple goes through a divorce, if they have children, the entire family goes through a divorce.  While every divorce is unique, parents can learn from the experiences and mistakes of others. Temporary Custody Orders Never disobey any part of a temporary custody order. Temporary court orders dictate custody and parenting time.  Do not violate the order by returning children late.  Do not take your children on any out of state trips without the approval of the other parent.  Court orders are not optional or advisory. Violating the court order will result in the other side bringing you to court, in front of the same judge who issued the order.  Remember, this is the same court that will resolve…

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Going to Court: Things You Should Know

on Sep 17, 2017 in Divorce

Not every divorce case ends in a trial.  In fact, most divorce cases are resolved prior to trial.  However, it is still possible you may need to make a court appearance at some time either during the divorce proceedings, or later, should either party seek modification of the court order at some point in the future.  Because most people haven’t spent a lot of time in the courtroom, this post seeks to provide a basic description of the players inside the courtroom, and other things you should know when going to court. Going to Court: Understanding the Layout of the Court Most courthouses have more than one courtroom.  While many courts are moving towards posting information on line, this isn’t…

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Crafting an Effective Parenting Plan

on Sep 14, 2017 in Child Custody, Divorce

Divorces are always stressful.  Divorces involving children are even more stressful.  Developing a parenting plan, without the court, reduces that stress. What is a Parenting Plan? A parenting plan, also known as a parenting agreement, is an agreement entered into by both parents.  It establishes how the parents will raise their children after a divorce.  The agreement is legally binding.  It establishes custody of the children but can include much more.  Parenting agreements establish how the children will be raised.  They establish parenting time schedules, including where the children will spend holidays and school breaks.  Agreements establish travel arrangements and decision making for the children, both day to day decisions and major decisions.  It establishes who has access to information…

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Divorce Data

on Sep 9, 2017 in Divorce

A review of divorce data may provide information about what leads to divorce.  In 2015, divorce rates hit an all time low in the United States.  Of course, just as every marriage is different, every divorce is different.  Any number of events and circumstances contribute to both the strength of a marriage and the likelihood of divorce.  However, research establishes certain factors make divorce more likely.  None of these factors, individually or in combination, doom a marriage.  However, it can’t hurt to be aware of divorce data. Divorce Data: Age at the Time of Marriage Most people agree with conventional wisdom – marrying in your teens is not a good way to ensure a long lasting marriage.  The principles behind…

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