Tag Archives: Divorce

3 Most Common Mistakes Couples Make During Divorce

Marriage separation conceptThere’s nothing like an easy divorce. Every divorce comes loaded with its adverse effects — both emotional and financial. Unfortunately, as much as the separation is supposed to be between two parties only, it ends up affecting other people. Good thing, there are common mistakes couples can avoid ensuring that the process goes smoothly.

1. Representing yourself

One of the worst mistakes you can make is going at it on your own. You don’t only put yourself at a high risk of making mistakes, you also stand to lose your case. Get an experienced family law attorney in Denver or elsewhere in CO to guide you, so you could have a good chance. Even if you can’t afford a full-time attorney, get one who can check your documentation to ensure that they’re excellently done.

2. Being too rigid

Yes, you’re hurting, and you would like your partner to pay for what they’ve done. However, this is not the time to get even. This includes refusal to compromise or negotiate with your ex-spouse. According to Huff Post, this will lead to more frustrations and conflict.

Listen to each other and be willing to negotiate. This way, you’re likely to reach a better agreement and make each party more faithful in carrying out their end of the bargain. If possible, consider mediation, which is a lesser aggressive way of settling your divorce case.

3. Being malicious in matters finances

First, it’s worth noting that any intention to hide money or assets will not be taken kindly by the judge. Remember, some private investigators make a living through unearthing such things. Make an honest financial declaration and this will pay up in the end. Also, avoid getting into intentional debts or misspending your money during the process. This will not only hurt your future negotiations, but it’s likely to lead to a financial crisis in the end.

It’s quite natural to be emotional during a divorce process. The fact that your marriage is shattering, and all your dreams seem to come to an end, can be devastating. However, you need to be sober and wise during this moment since any mistake can be costly in the end.

3 Factors to Consider When Hiring a Divorce Lawyer

Divorce Lawyer with Family in the BackgroundDivorce is still the most controversial subject in family law these days. With so many complex legal proceedings—not to mention the personal matters you need to deal with at home—it can be challenging to have everything in order.

Hiring a trusted divorce attorney in Long Island, New York can simplify things for you. You just need to be cautious when choosing the right legal counsel to work on your case. Here are some of the things you should discuss with your prospective lawyer:

1. Track Record

The first thing you need to know is the win-loss rate of your prospects. Learn about the previous cases they have worked on. Ask them about their methods and the results they get. Obviously, you should choose a professional who has a proven track record and has worked on cases similar to yours.

2. Credentials

Look for a well-established and reputable law firm. Just make sure it’s clear who’s going to represent you on your case. A reputable law firm should walk you through the different processes. They should introduce you to the team who will work on your case as well.  Be sure to double check the credentials they mention during the initial consultation.

3. Perspective

You can tell you’re dealing with a reliable lawyer based on how they discuss your case. Sometimes, law firms can be aggressive with their strategies. Your prospects should be open to any settlement to simplify the case. In fact, they should help mitigate the family matters, not escalate them or cause more problems. Usually, lawyers may recommend attending couples counseling before proceeding with the divorce.

These are just some of the factors you should consider when hiring a divorce lawyer to work on your case. Be meticulous with your selection and look for the best solution to your problems.

What Makes a Divorce so Expensive?

divorce proceedings in AustraliaExpensive divorces are nothing new. Celebrities and other high-profile individuals are the ones who figure in such. It doesn’t matter how long a marriage lasts; in the right circumstances, the final settlement can reach six digits on occasion. As for more typical couples, five-digit settlements aren’t unheard.

Various factors can make a divorce pricey. Family law practitioners such as Connolly Suthers can vouch for this. But what are these factors that make a divorce so expensive?

A Costly Split

In Australia, it’s largely the same story when it comes to divorce costs. It can be as little as over $432 if there is a prenuptial agreement (and everything else related is handled well), or as much as millions of dollars. Estimates show that about one in three marriages in Australia ends up in divorce, and the costs can skyrocket quickly. Throughout the country, divorce costs can amount to as much as $6 billion a year.

Keeping Up With The Money

Various things cause separation expenses to balloon, but it can be prevented. For one, it pays to be a smart spender still even when the family is splitting up — and the kids are in distress. Parents may probably like to make it up to the children, by buying them whatever they want, which could naturally lead to upside-down finances. It’s important to keep in mind that a divorce splits up a previously two-income household. In turn, a divorcee must adjust finances accordingly and not splurge like they used to before.

Another (probably more complicated) method is keeping the trust. In a divorce, it’s easy to maintain an air of distrust between estranged couples. But the truth is, the level of conflict a couple has can affect the financial settlement. Trust issues apparently impair the ability to negotiate effectively. Somehow, this may benefit a childless couple because there is little chance of a split affecting an emotionally vulnerable family member. On the other hand, for couples with children, distrust doesn’t help the youngsters at all — not to mention the finances in the long run.

At the end of the day, there is one certainty when it comes to divorce finances: the more conflict and misunderstanding there is, the bigger the final settlement can get.

Money and Seeing the Kids: Divorce Issues with Separate Identities

Child Support and Visitation Rights in ProvoIt’s frustrating enough to deal with a failed marriage. The emotional and mental challenges (plus the proceedings) because of your ex-spouse can be draining. But when they also forget about child support, it’s only natural to be furious — so angry you just want to say, “You have no right to see the kids anymore.”

Human nature connects these two issues and the divorce heightens the tension, especially if it’s a high conflict one. Sometimes, you just want to deprive them of their visitation rights. While it’s tempting to do so, however, you have to understand that child support and visitation are two different issues.

Strict Laws on Child Support

There’s a reason why courts enforce strict laws about child support. BuhlerLawOffice.com, a Provo child support attorney, says that courts are firm with both parents providing financial aid for the kids until they reach legal age.

It’s exhausting to involve the state’s Child Support Enforcement, but it is also a necessity. They have the power to demand a payment on your behalf. Your ex spouse might hate their ruling, but it might keep you and the kids out of the battle.

Keep the Kids Out

Children should have nothing to do with the negative issues or reasons linked with the lack of child support or visitation. It’s painful enough to see one of their parents go; restricting your ex-spouse might only make them feel worse.

Understand that the kids struggle with not seeing one of their parents. They still need their father or their mother, which is one of the reasons why the courts encourage visitation and co-parenting. No matter what you think about your ex and their late payments, they will always be a part of your children’s lives.

Accepting all of these is not easy and it will be a personal struggle. Rather than beat yourself up over it, keep in mind that some things are out of your control. Your ex is in charge of their priorities; bugging them won’t guarantee positive outcomes. All you can do is love your children and always put their best interests first.

Divorce Issues: Questioning Paternity

Divorce IssuesDivorce can be hard for just some people. It depends on the relationship of the soon-to-be ex-spouses. When the spouses are not on good terms, a good divorce lawyer can be the voice of reason that benefits everyone concerned, especially the children of the marriage.

One tricky factor, however, is when there is a question of paternity. Most courts presume the husband is the father of children born within a marriage. That is not always the case, though. Either spouse or any child before the age of 21 can challenge this presumption by filing a motion in court. The results can have a big impact on the final divorce decree. Lewis & Matthews, P.C. adds, “…the law distinguishes the right to make important decisions for the child…”

Financial

The husband may deny paternity of one or more children in the marriage to avoid paying for child support and other costs. If the paternity test shows the husband is not the biological father, he will not be responsible for supporting the child. That is, unless the court says otherwise.

Custodial

A wife may ask for a paternity test to keep the husband from gaining custody of or even visitation rights to the child or children. This may be for a number of reasons, including a desire to keep an abusive father from having any type of contact with a child. If the husband is not the biological father, he has no legal rights over the custody of the child. On the other hand, if the test shows the husband is the biological father, it makes it easier for him to fight for custody and visitation rights.

In Denver, the paternity test of choice is DNA or genetic testing. The petitioner or the divorce lawyer has to complete form JDF 1505, or Motion for Genetic Testing. An approved testing center will schedule and collect what it needs from the husband and the child. If the question of paternity comes up, the lawyer files the motion early in the proceedings. It is important to get the results prior to submitting any child support or custody motions to the divorce court.