When considering a divorce it is important to know that you can also file for a Legal separation. In a Legal separation, you can divide property, resolve issues of custody and visitation and support. However, at the end of the case you are still married. To understand the the consequences of these choices you should consult an attorney. For help contact Richard Young at 949 951 9529.
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Going through the twists and turns of divorce takes a big chunk of time and mental energy from both parties. When children are involved, the stress produced can negatively affect their moods, visions of their parents, and can even lead to them feeling at fault. While it is clear to us that this is not true, children may think otherwise. It’s important to show you love and care for them even through rocky waters. The first and best step to achieve this is through meaningful interactions that get them to understand the situation at a level they can reach.
- Do Something Together You Both Enjoy
It’s important to let loose and enjoy your hobbies through the process, and bringing your children with you to share that experience with makes a world of a difference. Whether you and your child both like cooking a meal together, going to the beach, or having fun at the bowling alley, the energy release and positive emotions created from the occasion will help bring you closer together. It’s significant to remember to go out and do something you’ll have a good time with too. Children are very observant, and they may know whether you’re interacting with them, or for them. When you choose to take part in activities you and your child both love rather than ones meant only for them, it’s easier for both of you to take your mind off things and strengthen your relationship.
- Hug Them Often
It’s astounding just how much of a positive effect physical affection has on us all. With children, these effects have been shown to segue into adult life. Child Trends reports that “higher self-esteem, better parent-child communication, and fewer psychological and behavior problems have been linked to warmth and affection between parent and child.” When you show and tell your children you love them, you make them feel better through stressful situations in the present, and even in the future. So hug them, and cherish them! The time you put in for them now will help them feel safe and secure through troubled times.
- Don’t Forget About Their Lives
When children sense that your attention for them is being bogged down with legal work, they may feel as though they have been left by the wayside. While you’re dealing with your case, sometimes you can forget that they are living unique and beautiful lives that deserve to be celebrated. Whether they’ve received good marks at school, made a new friend, or are looking forward to something new, it’s essential not to overlook it. Once you show them that what they are experiencing in their own sphere is just as important as what’s happening in yours, they can feel as though you’re there for them no matter what.
Working through strains can be difficult to manage with innocent children in the mix. Keeping these reminders in mind while you push forward with your situation is sure to help everyone out in the long run.
A hefty amount of responsibility comes with raising a child in a healthy and nurturing environment. And while divorce is a very common and tragic occurrence in our current age, attention must still be placed on arbitrating which parent is most able to provide that nurturing environment for their child. In the face of this decision, the courts will attempt to define one or both parents as “unfit” to raise their children. Should a parent be deemed unfit, they will lose their ability to retain custody of their child.
Common with most legal decision making, a number of individual factors play their part in defining which parent, if any, are unfit. Here are a few of the variables that will be taken into account by the courts when making this decision.
Substance Abuse
It goes without saying that a parent with a mental imbalance or substance abuse problem jeopardizes the healthy atmosphere necessary to properly raise a child. With that understanding in mind, the courts take special care in bringing to light any drug or alcohol abuse present in the family. While substance abuse can be a rather glaring red flag, it often isn’t enough to deem a parent unfit. In cases such as this, most courts will hold what’s called a Fitness Hearing.
During these hearings, a parent is given a specified amount of time in which they may make efforts to resolve their mental or substance based ailments. Actions taken during this period ,such as drug/alcohol treatment and therapy, can help convey to the court that a parent is willing to make sacrifices in order to properly raise their child. However, failure to make reasonable efforts or progress in the allotted time can define a parent as unfit to retain custody.
Favoritism
The classifications of a fit parent don’t simply end at substance abuse. In fact, even something abstract such as preferential treatment towards certain children can be grounds for terminating parenting rights! If a court uncovers a history of regular preferential treatment, this can be seen as risking to unravel the environment necessary to nurture a child. Surprisingly enough, favoritism can even serve as grounds for removing parenting rights towards the children that were being treated more favorably!
The Child’s Preference
When it comes to parenting rights and custody, the courts always operate under a single mantra: what is under the child’s best interests? When determining which parent is to retain custody, a significant amount of weight is awarded towards the preference of the child. While this may seem petty and arbitrary, the child is more likely to grow in a welcoming and embracing atmosphere if they are given the ability to live with the parent they connect with more readily.
Conclusion
When all is said and done, what takes precedence above all else is the child’s best interests. With that in mind, courts can inspect a number of different variables to define which parent is most fit to emotionally, financially, and responsibly look after a budding member of society.
When two people decide to get married, it can be a little difficult to determine where the property rights lie between the two individuals. Luckily, an experienced attorney like us can help you make those decisions.
Also known as a premarital agreement, this type of contract is not just beneficial for the rich. More and more middle-income families are utilizing prenups as a means to clarify their financial rights, while also avoiding potential arguments that could be made in the event of a divorce. The agreement includes everything from property division to debt protection.
In this article, we will discuss the many different pros and cons of having a prenuptial agreement and whether your current situation constitutes having one in the first place!
Why a Prenup is a Right Choice
If you hold personal or business assets, it’s a great idea to have a prenuptial agreement in order to avoid any pitfalls that may harm your interests. You’re also protecting each other from assuming one another’s obligations, which may result in a more comfortable relationship.
In a way, it’s looking out for the financial interests of another, especially those who are entering their second or subsequent marriages. Trying to decide these matters after the vows are said can be problematic, especially because each state has their own views on postnuptial agreements.
Why It May Not Be the Right Choice
Preparing for a situation where you’ll have a divorce can be seen as starting off on the wrong foot. To an extent, you are making a legally binding business deal with a loved one. You’re bringing an extra layer of legal business into a romantic relationship.
There are also unintended consequences that may come up as a result of a prenuptial agreement. It can be emotionally uncomfortable having to discuss these matters so early. On the other hand, this contract can be seen as protecting you from the unknown. Walking this tightrope can be challenging, to say the least.
Bottom line: a prenuptial agreement can save you and your spouse from a lot of heartache in the event of death or divorce. Unless you have this contract in place, the state will be the ones to decide what to do with an estate attached to your current marriage along with any past marriages. By putting this in place, you can avoid any arguments or litigation down the road and the two of you can make the important decisions about your marriage together.
If you find yourself in a difficult financial situation due to high medical bills, credit card debt, loss of income, or a recent divorce, your debts are more than likely piling up. If you have come to the conclusion that filing for bankruptcy is your best option to eliminate your debts, be careful. You want to make sure the process goes as smoothly as possible. One way to ensure that is by avoiding the following mistakes that are commonly made prior to or during the filing process.
Do Not Transfer Property
People often make the mistake of transferring their assets to their relatives. By assets we mean the property you own regarded as having value and available to meet debts. You may be under the impression that those will be safe from the bankruptcy proceedings. That is completely false and transferring could be construed as fraudulent by the court, even if you had no intention of concealing them.
Do Not Pay Specific Creditors
You would think paying your creditors would improve your chances of obtaining bankruptcy, but this could potentially harm your case. Any out of the ordinary payments to pay off a debt entirely can be considered preferential transfer. Basically, what this means is the creditor you paid off received payment over other creditors that hold the same weight. If this were to come up, it would delay your filing and the bankruptcy trustee could sue the creditor to get the money you’ve paid back so it can be distributed equally.
Do Not Use Credit Cards
This goes without saying, but let this serve as a reminder. If you are filing for bankruptcy one of the first things you should do is stop using credit cards immediately. No more luxuries; it’s time to buckle down. Which also means no more cash advances against your credit cards. Using a debit card directly connected to your bank account is strongly recommended for daily purchases.
Do Not Mishandle Extra Money
To be clear, the only money that should be deposited into your bank accounts should come from sources of income i.e. your job or work that you do outside of your job. You may have friends or family that are trying to help you overcome your financial burdens. While their generosity is appreciated, you want to avoid depositing it directly into your account as it can give the appearance of fraud.
Do Not Count On Future Payments
Keep in mind that any future payments you are expecting to receive and your current funds are part of your bankruptcy estate. Future payments include an inheritance you could be receiving or any lawsuit settlement you have been expecting. Once you file, any money you receive will be seized and used to repay your creditors.
If you are preparing to file for bankruptcy keep these tips in mind. We are aware this can be a difficult time for you and your family, which is why we offer our guidance based on your unique situation for the best possible outcome.
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