Family Law Blog

What Happens if One Party Doesn’t Show Up to a Divorce Hearing?

Saturday, December 30, 2017

Divorce is a very contentious time in the lives of divorcing couples. Emotions run hot and a lot of arguments can come up. It often gets to the point where bitterness can take over and one part of a dissolving marriage doesn't want to see the other's face ever again. They think that maybe they can trip things up a little by not showing up to a court date. However, not going to court when ordered to appear is perhaps one of the worst things you can do.

If you or your spouse fail to show up for your scheduled divorce hearing, then it is effectively wasting the court's time, and they are not pleased about it. If no good reason is given, the judge will hold the absent party in contempt of court, authorize a bench warrant for their arrest, and you will likely have to pay a fine for it. Furthermore, skipping a court date in a divorce only works in favor of the party that was present. It could cause a biased in their favor when it comes to the terms of the divorce.

That being said, sometimes one party just wants things to be over without going to court. If you agree to the terms of the divorce, but don't want to sit in court, either party can file for an uncontested divorce. In this, only the filing spouse needs to attend court. However, before this can happen, the separation agreement needs to have agreed upon terms by both parties in regards to spousal support, child support, debt repayment, and property division.

If you are filing for divorce and believe your spouse may be non-compliant to showing up to court or agreeing to an uncontested divorce, contact us today. The good news is that is your spouse is being difficult, the divorce will still progress after filing whether they like it or not. Furthermore, it may even come out more in your favor.

Should Social Media Be Included in a Pre-Nuptial Agreement?

Thursday, December 28, 2017

We live in an increasingly changing world, and one of the major changes that wasn't really such a big deal ten years ago was social media. Just a few years in the past, couples may have laughed at the very thought of adding social media into their pre-nuptial agreement, but times have changed. Now social media is crucial for image management. What you put out there or what your spouse puts out there can come back to bite us in a very personal as well as professional way.

Adding clauses for social media into a pre-nuptial agreement may not be for everyone. However, there are many these days that use social media to foster a positive image of ourselves, and that needs to be maintained. People who come from prominent families have careers in the spotlight including everyone from movie stars to Twitch streamers with substantial followers, high-level executives, and even restaurateurs have an image to protect.

Adding clauses for social media into a pre-nuptial agreement can cover a wide array of different actions. This can include eliminating and not posting further negative reviews of competing businesses, topics addressed on social media (such as politics or religious views), tagging locations while out and about, access to the accounts by the other party in a marriage, or even guidelines for posting pictures of any future children. All of these clauses in a pre-nuptial agreement can work in a positive way to help protect the image of both parties. After all, what one spouse posts can highly affect the other's reputation.

If you are looking to craft a pre-nuptial agreement and want to address social media in it, contact us today. We often work with more traditional pre-nups, but the world is changing and we know that pre-nups need to change with it.


What Happens to the Family Home in a Divorce?

Tuesday, December 26, 2017

You made a lot of good memories in your home, and even if your marriage started to sour, those memories may be something you want to hang on to. However, the messiest part of divorce is dividing up the stuff, and the family home is part of that stuff.

If you want to keep the property, your best course of action is to come to some agreement on it. When it comes to property division, real estate isn't physically divided by the courts, but rather it must be sold off and the monetary value is then split between the divorced couple. This means you lose the house and all those memories are now just solely in your mind.

However, there are some cases in which one party may retain ownership without having to make a compromise. The most common situation for this is if the home was bought before the marriage. If you bought the home before the marriage and your name remained the sole name on it, then it will most often be awarded back to you. However, even if you added your ex-spouse's name on to the house, it may still be argued that since you bought the property before the marriage that it is still yours.

Unfortunately, most married couples buy their first home together. This means that no matter how much you cherish those memories, your property will still need to be divided. If you still want to retain it, you will need to work extensively to compromise with your ex-spouse. If you are divorcing and desperately want to keep your family home, contact us today! 

Utilize Technology to Facilitate Co-Parenting

Thursday, December 21, 2017

Communication! When you cannot communicate with your child's other parent, it can make everyone's life miserable, especially if the other parent is trying to make it difficult! 

The Game: do these false accusations and lies sound familiar?

  • I didn't get the message!
  • You never sent me _____!
  • My phone was off!
  • My battery died!
  • I sent you the money last week!

Well, good news! Technology can help! Stop stressing out about petty lies and accusations so you can focus on your child!

Here are two companies that offer software that can help: 2houses and Our Family Wizard. Both offer you the ability to communicate solely through their program, which eliminates a lot of miscommunication and false claims! Both programs feature financial tracking options that allow you to upload relevant receipts. The programs can calculate how much each party should pay and you can pay through the portal! The calendars are easy to use so that both of you can add events or request a change in the schedule! Our Family Wizard's messaging system detects aggressive tones and makes suggestions to keep communication civil. Both programs are available on desktop and phone apps for easier access! 2houses offers a free 14-day trial and monthly payment options while Our Family Wizard offers a 30-day money back guarantee, military discounts and scholarship opportunities. 

If you are in a high-conflict situation and the other parent is damaging your child's emotional well-being, contact us! We can help you develop a parenting plan that will protect your child!  


If Divorce is on Your Mind

Tuesday, December 19, 2017

Are you contemplating divorce? The legal process is complicated and can involve working with your spouse as much as possible to avoid unnecessary conflict, or it could mean a long drawn-out court battle. The important thing to remember is that no two divorces will be precisely the same, as different factors will come into play. 

The First Step

You will either be on the receiving end of a divorce petition, or you will be in the position of serving it to your former partner. You should consider where to file for divorce. Usually, the next step entails you filing papers in the state or county where you or your spouse lives. Also, make sure to familiarize yourself with your state or county's residency requirements so that you are filing in the correct location. If your partner serves in the military, you have the option to file papers where your partner is stationed. 

Will You File for a "No Fault" Divorce?

Choosing between a "fault" and a "no fault" divorce is an important part of the filing process. "Fault" divorces encompass the negative aspects of a marriage such as abuse or adultery. If children aren't in the picture or assets are at a minimum, getting a "summary" divorce is a possibility. Seeking the advice of a lawyer would be wise here, as you don't want to inadvertently surrender your property or child support rights. 

Mediation is Important 

Divorce doesn't need to be synonymous with bitter conflict. Mediation is a very valid option when it comes to resolving the finer points of separation, and can save you quite a bit of time and money. Mediation experts, while not perfect, are experienced in hammering out solutions to points of contention between you and your spouse. This process should be considered among the first steps to take after filing for divorce rather than a last resort.   

If you are contemplating divorce, contact us for more information. 

What You Should Know About Child Custody

Sunday, December 17, 2017

Are you about to be embroiled in a child custody battle? Being granted custody of your child isn't a straightforward process, and it could play out in any number of ways depending on the decisions that you make. Here are some of the aspects surrounding child custody law that you should consider: 

Mutual agreement via Mediation

Keep in mind that spending any length of time in court is going to cost you. So it's always a good idea to attempt mediation and try to resolve the issue of custody with your former partner and his or her attorneys. However, it's also worth noting that these negotiations don't have to be formal. You and your former partner could meet at a coffee shop and have a calm, rational discussion about visitation rights, who the child should live with, child support, etc. If that fails, you could proceed to formal negotiations featuring attorneys from both sides and a licensed mediator. The mediator might be able to find points of reconciliation that weren't able to be reached prior to professional intervention. 

Child Custody Battles Outside of Marriage 

If the parents are unmarried, the mother will typically be awarded custody by the courts. While the law usually grants custody to the mother, the father still has the right to pursue visitation rights. The good news is that the lack of a marital bond means unpleasant legal entanglements such as child support or property disputes are rendered a non-issue.

Not the Parent?

In some cases, child custody disputes can arise between a relative who isn't the biological parent of the child and an absent parent. If this is your situation, you'll have to submit a "non-parent custody petition" to the courts, which requires details such as relationship to the child, reasons for the custody request, as well as the status of the parents. 

Please, contact us for more information.