Family Law Blog

Will Your Spouse's Unemployment Affect Your Divorce?

Thursday, July 27, 2017

If there is one thing that can quickly ruin a marriage, it is financial issues. If one spouse is unemployed and not able to find work, it can put a lot of stress on your relationship. Combined with other marital problems, this stress might be just enough to make it break. However, if your spouse is unemployed, will it have any effect on your divorce?

The answer is yes. If your spouse isn't working and you have been supporting them, you may find that after your divorce, you will be responsible for paying them maintenance in the form of spousal support. Typically this makes divorces even more contentious because, well, who wants to pay someone they aren't even with anymore?

Luckily, the amount of spousal support is determined by the court. They take into consideration whether or not the unemployment is voluntary, who primarily handled any childcare activities, and if the unemployed spouse is disabled or able to get gainful employment.

With all those things considered, spousal support may be permanent, limited, of a rehabilitative nature, or even meant to repay the spouse for their past financial contributions. So depending on the nature of your spouse's unemployment, it is likely you will have to pay them some spousal support, but it may not be forever. The duration is usually lengthened if they are disabled or if they were the full-time care taker for young children or those with special needs. As those children grow and develop, the court may also expect them to seek employment.

If you are preparing to file for divorce for financial or other reasons and are concerned about paying spousal support, contact us today. The Law Firm of Jamra & Jamra can help you go over your case to see how likely spousal support might be.

Remembering the More Obscure Marriage Assets

Thursday, July 20, 2017

There isn't a couple in the world that plans for divorce, but it happens. If you are about to start your filing, then it is also time to start locating your assets. However, you first need to recognize that there are some assets that you might not be thinking about at first. Everyone remembers those typical assets like cars, bank accounts, and property, but some other assets like retirement accounts or investments, we tend to forget about.

Here are a few more unusual assets that you need to remember to look for in the event of a divorce:

  • Capital Loss - These carryovers can save a lot of money on your taxes, so be sure to check last year's tax returns to see what deduction you can take. If you find that you have a capital loss, then this is definitely something that should be brought up.
  • Land Purchases - If you or your spouse purchased land, cemetery plots, or any other shared interests together, it is time to identify them and assess their value. This is particularly important in cemetery plots since these can be particularly expensive. It is best to sort out the value of your share of the plot, or the plot altogether if you don't want to keep it. Land can be a little easier to sort out since the couple can often just sell it and split the profits.
  • Memberships - Did you and your spouse purchase a membership to a golf course, country club, or own a timeshare? These are something that people often forget about if they aren't using often, but they can be costly shared assets as well as become problematic if you ever want to use them again. Don't forget to bring them up in divorce proceedings as well as address who gets to keep the membership in question.

This is just a sample of some of the more forgotten assets that need to be addressed in divorce. If you are beginning your divorce proceedings, contact us today. Here at the Law Office of Jamra & Jamra, we know how important legal representation is in the event of a divorce. Don't get caught without representation if you want to make sure your divorce goes fairly and as smoothly as possible.

Do Digital Assets Fit Into a Prenuptial Agreement?

Thursday, July 13, 2017

In these modern, constantly connected times, the way we interact with each other has changed. Relationships are celebrated through technology and sometimes started because of it. Sharing a Netflix password may be a show of trust and having something like a joint iTunes account could be a display of how serious a relationship has gotten. However, not all relationships last, so can a prenuptial agreement that safeguards your other assets also safeguard your digital ones as well?

It may sound silly, but including digital assets into a prenup or postnup is becoming more important as technology continues to grow. Digital assets that you can and should include in your prenuptial agreement include photography, audiovisual media, word documents, and e-mail. By putting in clauses on who can keep this digital media, it can help you retain ownership as well as a certain degree of digital security if a marriage dissolves. This is especially important if couples often share devices so no matter who retains ownership of it, they are not completely privileged to keep everything on the device. Imagine if you lost your next great American novel just because it was on your spouse's computer? It would be tragic.

Another important factor to consider is digital assets purchased for a specific platform. iTunes is a good example of this since you can't transfer media bought on that account to another. If you use platforms like this, it will save a lot of potential pain later by stating who gets ownership of it. Sometimes this might be a clause of one person getting ownership and the other getting compensation for the media contributed to it.

If you are drafting up a prenuptial agreement and aren't sure how your digital assets fit into it, contact us today.

How Does Mental Illness Effect Child Custody

Thursday, July 06, 2017

Mental illness can be a tricky issue, more so when it is brought into a custody case. Raising a child can be a challenging endeavor, and this can be problematic for people who suffer from mental illness. However, there are parents that have mental illness who are great parents, and also those who are not. This means when it comes down to mental health issues, it is left to a judge to carefully consider and decide on custody.

Rest assured that the judge will always make decisions in custody cases that are in the best interests of the child. However, if you suffer from mental illness and are worried about losing complete custody of their child, there are things that can affect the judge's decision for better or worse.

When a judge is considering your case, here is what you should keep in mind:

  • Is the mentally ill parent compliant with treatment?
  • What specific mental health issue the parent suffers from
  • Is the home environment stable?
  • Does the mental health issue affect the parent's ability to meet the emotional and physical needs of a child?

Naturally, if a parent suffers from depression, they are not considered as potentially destructive to a child as a manic schizophrenic. However, any mental health issue, if treated and the patient willingly undergoes treatment, can still allow them to keep custody. The willingness to undergo treatment and provide a stable home environment for a child both go a long way to keeping custody of them.

If you are divorcing and worried about your mental health issue affecting your custody case of your child, contact us today. The Law Firm of Jamra & Jamra believes that if you are seeking treatment and a good parent, any mental health issue shouldn't keep you from spending time with your child.