Family Law

A divorce is one of the most stressful things a person can experience. In some cases, spouses can amicably work out and settle their differences. But in far too many others, one spouse is determined to make the process as painful as possible. These are some tips for making it through a high-conflict divorce.

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For most people, the idea of divorce conjures up worries over stress, money, and time. But divorce does not have to be the knock-down, drag-out fight often depicted in the movies. Most issues can be resolved using something known as a separation agreement.

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You've proposed to the woman of your dreams, and she said yes. You've set a date, prepared the invitations – and, of course, you gave her an engagement ring. But if the wedding plans fall through and you and your fiance split, who keeps the ring? Considering that engagement rings can cost thousands of dollars, it's no small property dispute. What happens next depends largely on where you live.

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Going through a divorce can be a difficult process, especially when the proceedings become contentious. In fact disputes about spousal support and child support often arise, and it is not uncommon for one or both spouses to attempt to conceal their assets from each other and the court. While this is illegal, it happens more than many realize.

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When you are going through the divorce process, particularly the property division process, you may end up focusing on what you are getting and the monetary value of what you are getting. This will do your finances a serious disservice. Considering the tax consequences of what you are awarded during property division could save you a significant amount of money.

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Given that this situation encompasses various areas of law, you should consult both a matrimonial and a business law attorney. Depending upon the type of business the division between you and your soon-to-be ex-wife may be straightforward. However, more than likely, it may take significant work to be able to divide the business. If you and your wife intend to continue to own and/or operate the business together, you could simply divide the ownership between the two of you.

Otherwise, the two of you have to continue to work together until the business is actually sold or dissolved. If the business is such that it has two distinct areas you could spin off one of those into a separate entity that can be owned by one of you.  If the business owns real estate, perhaps some of the real estate could be transferred into a new entity to be owned by one of you with the other of you retaining the ownership of the original entity. If the business is such that it is almost impossible to divide, then perhaps one of you becomes the sole owner of the business and has to pay the other over some period of time for the value of one half of that business. Instead of paying the other of you perhaps an outside loan from a bank or other lending institution could be obtained to provide the funding for the purchase price.

A final option may be that the business has to be sold to an outside third party and the proceeds would be divided between you and your wife in accordance with any agreement between the two of you that have been approved by the divorce court or pursuant to an order.

Women who find themselves with crisis pregnancies often don't know what to do. They may be scared and unsure who to turn to for support. To respond to this, many states have adopted some version of what are known as Safe Haven Adoption Laws. These laws are intended to prevent infant abandonment and child endangerment by allowing mothers to safely relinquish their children without fear of prosecution. While every state's Safe Haven law is different, they each share some common features.
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You've made it through your custody battle and finally have an order from the court. This should mean the end of conflict with the other parent, right? For many parents, unfortunately, the answer is no. Interference with the other party's custodial rights frequently occurs and can perpetuate the fight far beyond the courtroom.  

What is custodial interference?

Custodial interference can occur in a number of different ways. Sometimes it involves improperly affecting the parental relationship, such as denigrating the other parent in the child's presence.

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According to the American Academy of Matrimonial Lawyers, in the past five years 81% of its members have represented clients in cases involving evidence from social networking sites, such as Facebook, MySpace, Twitter, YouTube and LinkedIn. Posted pictures and comments can make the job all-too-easy for your former spouse’s attorney to attack your credibility and ensure you do not receive the relief that you are requesting from the court.

 A picture is worth a thousand words. And that picture you posted of yourself, in various stages of undress, or with a marijuana cigarette in one hand and a drink in the other, speaks volumes to the court and can result in unfavorable rulings regarding child custody or visitation. But the information posted doesn’t even have to be tawdry or illegal to land you in trouble.

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Beginning  December of 2019, parties in cases where custody at issue, must complete a Parenting Plan Tool that will present each parties 

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Beginning October 1, 2020, the manner in which child support is calculated is changing. There is now a three-tiered system for calculating child support that hopefully will alleviate instances where parents are battling over a few overnights. Currently, 128 overnights is the dividing line between sole physical custody and shared physical custody (joint legal/joint physical custody). The difference in what is paid under sole physical custody and shared physical custody is often significant. A parent who has 127 overnights may still have the same expenses as the parent having 128 overnights, but that one overnight could mean the difference of hundreds or even thousands of dollars per month in child support, when the reality is that the amount of expenses are very similar 

As of October 1, 2020, cases will be evaluated on a three-tiered framework where: (1) one parent has the child(ren) for 91 overnights or less; (2) one parent has the child(ren) between 92 and 109 overnights; or (3) both parents have the children for at least 110 overnights.
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