Posted on March 15, 2018 in Domestic Violence

Home is the one place everyone should feel safe. Sadly, for those people who are victims of domestic violence, home is often the last place they want to be. Intimate partner violence affects one out of every three women and one in four men. Fortunately, there are legal steps a person in an abusive relationship can take to secure their safety and that of their children. An order of protection, sometimes referred to colloquially as a restraining order, is one of these steps.

Who Should Get an Order of Protection?

If you fear for your safety or the safety of your children because a romantic partner or other close family member is threatening or actively abusing you, an order of protection may be the right first step in escaping that toxic relationship. Domestic violence can look different from case to case but some of the most common tactics abusers use include:

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 Posted on March 09, 2018 in Divorce

A divorce is never easy. If your marriage is ending, you are likely to feel angry and hurt, as well as betrayed by the very person with whom you once wanted to spend the rest of your life. Emotions such as these may make you want to dig in your heels and fight against your partner over every little issue. Unfortunately, doing so will probably cost much more than you are prepared to spend on your divorce. There are, however, some things you can do to keep the cost of your divorce to manageable levels.

Where Costs Add Up

Some of the expenses related to your divorce are simply unavoidable, such as court fees. You may also experience additional costs in setting up a new place to live apart from your spouse. The bulk of your expenses, however, will come in the form of attorneys’ fees and fees charged by other professionals involved in your case. The more complex and contentious your case is, the more you will need to pay.

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 Posted on March 07, 2018 in Paternity

The allocation of parental responsibilities, commonly called child custody, can be a complicated part of family law. When a couple who is unmarried has a child, there are different rights and responsibilities applied to each parent than if the couple is married. For example, a woman who gives birth to a child immediately has custody of that child. If an unmarried father wishes to claim legal paternity of the child, he must do so through one of several established ways.

Rights and Responsibilities of Unmarried Mothers

Mothers are automatically considered the primary custodian of a child they bear. This means that they have authority over decisions related to their child’s welfare as well as the responsibility to care for the child. More specifically, they have the right to make decisions about school, childcare, geographical moves, healthcare, religious affiliation, sports, summer camps, travel, and other aspects of the child’s life. It should be noted that there are some extreme cases in which a mother does not get custody of a child she gives birth to. For example, mothers who were found to have been using illegal drugs while pregnant can be disallowed immediate physical or legal custody of their child.

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 Posted on March 05, 2018 in Divorce

While all divorces are stressful and time-consuming to some extent, some divorces are more complex than others. One example of a highly complex divorce is one in which one spouse simply refuses to cooperate. He or she may attempt to hide assets in order to be awarded more of the marital property or tell lies about the other spouse in order to slow the divorce process or gain custody of children. In high-conflict divorces, spouses engage in hostile confrontation instead of legal negotiation about issues like spousal maintenance, child support, parenting time, or property division. High-conflict divorces require an attorney who is experienced at finding solutions to seemingly-unsolvable problems. In addition to hiring a dedicated attorney, spouses in the midst of a high-conflict divorce may find relief through the following suggestions.

Focus on the Future and Let Go of the Past

Complex divorces, like those which involve a totally uncooperative spouse, can be laborious. In addition to the legal processes that may need to take place, there is also a lot to process emotionally. Many spouses going through a high-conflict divorce are absolutely shocked that the person they once loved could purposely make their lives so difficult. Experts suggest that anyone ending their marriage allow themselves to grieve. Divorce is not unlike the death of a spouse in that although the other spouse is not technically gone, he or she may act like a completely different person once faced with divorce. Many divorcing individuals find that therapy helps them to grieve the end of their marriage and the loss of their partner.

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 Posted on February 26, 2018 in Divorce

If you have been considering divorcing your spouse, you probably have many fears and concerns about how this will affect your life. Going from being a part of a married couple to being a single person is a difficult transition – especially for those who have been married for a long time. Some unhappy spouses end up staying in a marriage they are not happy in simply because they are afraid of being alone. Fortunately, there are ways that you can help alleviate post-divorce loneliness.

Do Not Hesitate to Ask for Help

Divorce is one of the most stressful life events that exist. In fact, according to the Holms-Rahe Stress Inventory, it is second only to the death of a spouse in terms of the stress it brings. However, as many people can attest, staying in an unhappy marriage can be equally stressful. Do not be afraid to ask for help. Many people who get divorced find that joining a divorce support group or employing the help of a therapist greatly helps them navigate post-divorce life.

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 Posted on February 16, 2018 in Divorce

The divorce process can be time-consuming and extremely expensive, especially if the proceedings drag on for many months or possibly years. In some situations, hiring a divorce attorney may be among a person’s largest expenses, but there are a number of other factors that can dramatically increase the costs of a divorce. While some people may be tempted to forgo hiring a lawyer, handling your divorce on your own can actually increase the cost of your divorce over the long-term, as mistakes made during the process could cost you thousands of dollars in property and support considerations. Fortunately, there are some other things you can do to keep control the costs of your divorce.

Communicate and Plan

While it may be difficult to tell your spouse that you want a divorce, most divorces involve spouses who are able to be civil to each other—at least at the beginning. Bitterness and acrimony tend to develop as the proceedings become heated. If, however, you and your spouse realize that a divorce may lie ahead, the two of you can start discussing tentative plans before filing your petition. By remaining calm, cool, and collected, you may be able to reach basic agreements regarding property division, parenting responsibilities, and other matters in advance, which can dramatically decrease the amount of work your lawyer and the court will need to do.

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 Posted on February 09, 2018 in Prenuptial Agreements

A prenuptial agreement is a legal document which a couple drafts and signs prior to getting married. Prenuptial agreements, also called “prenups” are intended to set forth directives regarding the spouses’ income and assets in the event that the spouses separate or divorce, or if one of the spouses passes away. Prenups vary in their specifics based on the couple’s circumstances, but generally include provisions about marital property and non-marital property, spousal maintenance or alimony, inheritance rights of children from other relationships, debts, and the financial responsibilities and rights of both spouses during the marriage.

Social Media Clauses Can Help Protect Online Reputations

The internet has dramatically changed the way we live and work. Many individuals have careers which rely on the online reputation they have worked hard to create. Social media is often a large part of the way some entrepreneurs, entertainers, or other business owners grow their brand.

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 Posted on February 08, 2018 in Divorce

If you are considering or have decided to divorce your spouse with whom you have children, one of your main concerns is probably how the divorce will affect the children. While it is true that divorce is never easy on a family, many parents find that being separated from their spouse gives them the opportunity to become closer with their children. Studies have consistently shown that having divorced parents in no way means that a child will automatically resent his or her parents or do worse in school. In fact, for some children living in a house filled with tension and feuding, a divorce is a welcome relief.

If you have decided to get divorced and are wondering how to tell your children, you should know that there is no way to have a perfect stress-free conversation. No matter what you do or say, there may be tears shed or feelings hurt. However, by following the guidelines set forth by relationship and child experts, you can minimize misunderstandings and help the conversation go as smoothly for everyone as possible.

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 Posted on February 06, 2018 in Spousal Maintenance

There has always been some confusion regarding spousal maintenance or alimony. Each state has its own rules and procedures for determining who should get spousal support and how much payments should be. However, one rule which is, for now, the same across the country is how maintenance payments are taxed. For the last 75 years, maintenance or support payments have been deductible for the payer. The recipient of the support is responsible for paying income tax on the funds. After Dec. 31, 2018, this will no longer be the case.

Maintenance Payments No Longer Deductible

Under the Tax Cuts and Jobs Act, spousal maintenance will no longer be deductible for the payer, and taxes will not need to be paid on it by the recipient. This could mean that those who get divorced in 2019 may be paying a much higher amount in spousal support than those who get divorced in 2018. Because spousal maintenance is paid by the spouse with a higher income to the spouse with a lower income, it made sense to place the tax burden on the person receiving funds. The lower-earning spouse generally has a lower tax rate than the higher-earning spouse.

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 Posted on January 31, 2018 in Family Law

When a married couple reaches a point where they do not know if they wish to continue being married, they have several options. One of these options is a legal separation instead of a divorce. There are several reasons why a couple may choose to be separated. A legal separation is a court order that protects each spouse’s rights and responsibilities when they are living apart. The major difference between legal separation and divorce is that separated individuals are still married, versus a divorce where the marriage is ended. Legal separations are not as common as divorce, but there are certain circumstances where a couple’s best option may be a legal separation.

Separation Maintenance and Child Support

Most people associate spousal maintenance, or alimony, with divorce. However, when a couple legally separates, it is possible to obtain maintenance during the separation. Separate maintenance is comparable to alimony or spousal support, but it's not called alimony because the couple is still legally married. Many of the factors used to determine if separate maintenance is necessary are the same as the factors which are used when determining maintenance after a divorce. The amount and duration of the payments will depend on the length of the marriage, spouses' incomes, earning abilities, ages, and physical and mental wellbeing. The court can also determine how child custody will be shared, allocate parental responsibilities and parenting time, and order one parent to pay child support.

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