The post 3 situations in which litigation may be necessary for divorce appeared first on Evans Family Law.
]]>Under some circumstances, litigation can be the most appropriate option for divorcing spouses to secure a fair resolution. We explain a few of these situations in this post.
When safety is a concern
If you or your soon-to-be ex has a history of violence or abuse, it may not be feasible to work out divorce-related matters together outside of court. Abusive parties may be manipulative or threatening to such a degree that attempts to reach decisions together are likely to fail. In the most serious cases, there could be threats to someone’s safety. Under these circumstances, keeping parties separated can be crucial.
When there are complex assets at stake
Dividing assets can be a complicated process, though many people are still able to work out agreements in mediation or collaborative divorce. That said, some assets are far too complex or substantial to divide outside of court. For instance, in cases that involve closely-held businesses, assets that are difficult to value or property co-owned by other parties, going to court can be necessary.
When you cannot reach an agreement
In some cases, a mediator or other professional can help parties negotiate and compromise so they can reach an agreement, but that doesn’t always happen. In some cases, the issue is too divisive for divorcing spouses to resolve on their own. When two people have reached a stalemate, the issue will go before a judge for a ruling.
While there are numerous benefits to out-of-court options like mediation during a divorce, the fact is that it is not always possible to avoid litigation altogether. With that in mind, if you are divorcing, it is important to understand your legal options and rights in all settings, from the mediation room to the courtroom.
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]]>This can create conflict when parents disagree on various matters. If you are struggling with this situation, or if you are divorcing and want to prevent such arguments from arising, you should understand how these types of disagreements ultimately get resolved.
What decisions do parents make together?
Backing up, we want to explain that parents who share legal custody have the right to make decisions for their children. However, they don’t have to consult each other before making every decision.
As explained by the California Courts, parents can make some decisions alone. For example, parents might decide on their own when a child should go to bed, how many chores they may need to do and whether they can stay over at a friend’s house.
However, larger decisions that affect a child’s well-being are best made in cooperation with the other parent. This includes anything related to a child’s appearance, education, religion, medical needs and participation in extracurricular activities.
What happens when you disagree
If parents cannot agree on a specific issue, like whether a child should take a certain medication or is allowed to get a tattoo, then the matter may need to be resolved through mediation or litigation.
Addressing disagreements in advance
While it may not be possible to foresee and plan for every disagreement you might have while sharing custody, you can take steps to prepare for any that might arise and minimize conflict. You can do this in the parenting agreement. For instance, some parents choose to assign specific decisions to one parent; others develop a process for resolving a dispute, like having a neutral third-party make the decision.
Whatever you decide in terms of how you will make decisions when you share legal custody of your child, it is important that it is fair and does not create unnecessary pain, especially for your child.
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]]>That said, options like mediation just aren’t realistic for some people. This can be the case if you expect your divorce to be (or become) contentious because there are abusive, hostile or adversarial emotions involved. If you expect to resolve divorce-related matters in a courtroom, there are a few steps you would be wise to take to prepare.
These are just a few suggestions that can be helpful if you expect your divorce to be anything but peaceful; articles like this one from The Huffington Post offer others.
Even though divorce is difficult, especially when it becomes heated, try to remember that you will get through this. There is another side to the process, and with these tips, it can be a little easier to get there.
The post Tips for back-to-school co-parenting after a divorce appeared first on Evans Family Law.
]]>Your joint custody arrangement allows you to share time with your children equally. A judge most likely helped you set up specific days and times in your parenting plan to follow during the school year, but with busy schedules, you may find yourself rushing around. If you need your custody arrangement modified, it is essential to speak with an attorney before filing in court.
Ways to successfully co-parent with busy schedules
To make your circumstances easier during the frenzied whirlwind of the fall, you want to compromise with your ex-spouse as much as possible. Three tips may help ensure that your back-to-school activities runs smoothly.
Your child’s schedule gets busy when school starts, but co-parenting by utilizing tips to make life less hectic may bring your family on the same page.
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]]>This is why parenting plans are so important. These plans serve as a guide to parents to help them understand and protect their rights as well as the boundaries and rules of parenting a child separately. As such, there are some critical elements you will likely want to include in your agreement.
The basics
Parenting plans should always include the fundamental elements of custody and parenting time. This includes:
Other elements to consider
Your parenting plan is a tool for you, and you should be confident that it meets your needs and reflects the best interests of your child. As such, your plan could detail certain additional provisions.
For instance, you might include communication guidelines. These can determine the frequency and mode of approved communication between parents and between parents and the child.
You might also include specific direction for child care, protocols for what happens if a parent fails to show up for visitation and restrictions on using alcohol, tobacco and other substances around a child.
Some parents also put non-disparagement clauses or terms in these agreements. These essentially say that parties agree not to speak negatively about the other parent in front of the children. A parenting plan might also prohibit parents from using a child to deliver messages to one another.
Creating the right plan for you
Whatever you decide to include in your parenting plan will depend on your specific circumstances and legal rights. It must also reflect what is in your child’s best interests. As such, it should be created thoughtfully and with legal support to ensure it is fair and enforceable.
The post What to do with the marital home during a divorce appeared first on Evans Family Law.
]]>A marital home can be the most difficult asset to divide when spouses divorce in California. Not only is it typically the most expensive asset people have, but it can carry great emotional value as well.
As such, parties can struggle when it comes to deciding what should happen to the house in a divorce. Below, we examine three possible solutions for what to do with a marital home as well as some benefits and drawbacks to consider for each option.
One person keeps the house
Keeping a home can help maintain consistency and stability. This can be especially important when there are kids in the home whom parents don’t want to uproot during a difficult time.
However, perhaps the biggest drawback to keeping a home is the financial responsibility. Keeping a home requires one person to buy the other person out, refinance the mortgage and take on all home-related expenses alone. This is often too great a challenge for people; for some, it is impossible.
You both keep the home
If selling a home doesn’t make financial sense but neither of you can or wants to keep it, you can keep the home and both continue owning it. You might decide to rent it out and split the profits and responsibilities or maintaining the home, which may work if you both get along.
However, owning a home together ties you to an ex and it will likely mean regular interactions regarding ownership duties.
You sell the house
Selling the house can help you move forward without the unmanageable expenses of keeping the home or ties to your ex. You can split the proceeds and go your separate ways.
However, selling a home can be emotionally devastating. It can also require parties to agree to a price, which isn’t always easy; in some cases, you might wind up selling the home for less than it may be worth.
Finding the right solution
Deciding what to do with a home in a California divorce is a difficult decision that every person must make after careful consideration of the options. However, with legal and financial guidance, it can be easier to make an informed decision that reflects your best interests.
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]]>The post Mistakes to avoid during trial or legal separations appeared first on Evans Family Law.
]]>Marriages are highly complex relationships. And as people and circumstances change, so does the marriage. This means that there is a lot of room between happily married and divorced.
Many people decide to separate at some point, either on a trial or legal basis. In these situations, it can be important to avoid some common missteps that could jeopardize the next chapter, whether that is reconciliation or divorce.
Not having boundaries
Whether you are cohabitating or living in separate houses, having boundaries will be crucial during separation. Spouses should consider setting rules for:
Discussing these and similar matters openly and ahead of time can prevent bitter fights and help individuals get what they need out of separation.
Being dishonest
Even if you’re angry with each other and almost certain you will divorce, lying or deceiving the other person can ultimately do more harm than good.
While you won’t share every detail of your lives with each other, you should be honest about matters like financial issues, people you introduce into your children’s lives and other details that continue to affect both spouses.
Neglecting your responsibilities
During periods of separation, people can still rely on each other for things like bill payment, child custody and financial support. Whether you have a trial or legal separation, it is crucial to keep up with these responsibilities. Otherwise, you could face consequences like legal action, loss of your home and possibly loss of parenting time if you divorce and want to share custody.
Being unclear about the date of separation
If you do ultimately divorce, the date of separation can have a critical impact on your settlement, as it can affect how the courts categorize property that is eligible for division. Make sure you are clear on when you or the other person expressed the intent to divorce or when you started living separately.
Periods of separation can give two people the space and time to reassess their relationship and their needs. However, because parties are still married during these periods, it is important to avoid these and other mistakes that can affect live after separation.
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]]>Mediating divorce-related matters is becoming increasingly common in California. Most people prefer to stay out of court and avoid litigation because it saves time and money. It allows gives parties more freedom to negotiate agreements that best fit their individual needs and circumstances.
That said, there are rules in mediation. Should someone violate these rules, mediation can be unsuccessful and parties may wind up in court litigating their divorce. As such, it can be crucial to know what these rules are.
Rules for mediators
Mediators must comply with a legal set of rules specifically intended for mediators. Among other things, mediators in California must:
Rules for participants
While there is not a formal set of rules of mediation participants, there are still rules and expectations with which they should comply. Failure to do so could lead to failed mediation efforts and legal challenges. If you are in mediation, you should:
Other rules to consider
Divorce is a highly personal situation, and no two divorces will look exactly alike. This is particularly true when people mediate their divorce and make decisions themselves based on their specific circumstances.
However, there are still laws in place that guide the decisions parties make in mediation. For instance, child custody arrangements must be in the best interest of the child; property division is subject to community property laws in California; prenuptial agreements can be dismissed if they are invalid.
Working within these rules can help people reach fair, mutually satisfactory agreements. Should you have any questions about these or other rules, you can discuss them in detail with a family law attorney.
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]]>Do not immediately empty your bank account
If your divorce is contentious, your first instinct may be to empty your joint account to ensure your spouse does not get to the money. California is a community property state, so income acquired during the marriage is considered shared income. If you empty out an account, you are taking money that may equally belong to your spouse. This will likely lead to issues with the court down the road.
There is nothing wrong with opening a separate account and starting to deposit new earned money into that account. Just refrain from moving money you acquired during the marriage into another account.
Start saving more money
Even if you do not end up in court, your lifestyle is about to change. Maybe you and your spouse split all the bills, or maybe one of you paid more of the bills. Either way, you are not going to be splitting expenses with anyone going forward. Saving a little extra money can help you get through the initial transition. If you do decide to hire a family law attorney, you also want to set aside money to pay his or her fees.
Compile a list of all your expenses
Perhaps you have a spreadsheet of all your monthly expenses, or maybe your former partner paid all the bills. Whatever the case, you need to figure out your monthly bills and then compare that your income. This will help you decide if you can keep up your mortgage payment, or if you can afford your current car.
Gather all your bills together and try to come up with a realistic tally of other expenses like going out to dinner, shopping and travel. If money looks tight, you may want cut back on some extras. Or if you share a home, you may consider selling the home or letting your spouse keep it.
Gather all your other financial documents
When you are pulling bills together, you will also want to gather financial documents like retirement accounts, investment portfolios, checking and saving accounts, mortgage statements, auto loans and any other significant assets. Having documentation of all these assets will prevent your spouse from trying to hide any of this income. That way you can make sure all is accounted for when it is time to finalize property division.
Divorces have a serious impact on personal finances. Preparing for the future impact should ease the transition and may help you move forward more successfully.
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]]>The post Should you tell your kids more about your divorce? appeared first on Evans Family Law.
]]>It’s natural for parents to want to shield their children from the difficult details of divorce. Moms and Dads don’t want their kids to see more fighting or personal shortcomings, and many parents think that by keeping information from them, they are protecting them from hurtful situations.
However, once children reach a certain age, being in the dark about their parents’ divorce could cause more problems than it solves. Below, we look at some reasons why — according to a recent survey — you might want to tell your kids more about your divorce than you might think.
The survey included more than 60 children who are between 10 and 17, and are all children of recently-divorced parents. According to the responses from the children, having more information and more opportunities for input can be critical for many reasons.
Caveats to oversharing
While this information might prompt parents to be more direct and open with their children during divorce, remember that they are still children.
As such, using caution and avoiding oversharing is still be important. To avoid crossing lines into inappropriate or unnecessarily painful conversations, consider things like your child’s age and maturity level. Be honest, but remember that they may have a very different perspective than you have.
You can also keep the focus on listening to his or her concerns instead of doing all the talking. Speaking with a counselor can also help you both navigate the complicated emotions and changes often associated with divorce.
Divorce can be difficult on parents and children alike. However, being open, honest and focusing on being respectful can make it a little easier for everyone to recover.
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]]>The post Crucial tips for talking to your children about divorce appeared first on Evans Family Law.
]]>Deciding to divorce is not an easy thing to do; telling your children about the divorce can be even more difficult.
There are many suggestions for how to talk about getting divorced with your children. In this post, we explain three of these recommendations that can be particularly important if you and the other parent plan to pursue an amicable, peaceful divorce.
Talking to your kids about a divorce is not easy, but keeping it age-appropriate, focusing on their needs and talking to them together can make it a little easier for you and for them.
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]]>In the coming weeks, kids all across California will be saying goodbye to parents and heading off to college. As much as kids may be looking forward to this next chapter, it can be hard on their parents.
This transition can be especially tough for recently-divorced parents who may still be adjusting to life after divorce. To make this difficult time a little easier, parents in this situation can take a few steps to address the changes that happen when a child goes to college.
College is an exciting and overwhelming experience, for both students and parents. Working out any divorce-related issues that relate to your child ahead of time can make the transition a little easier on everyone.
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