Family Law Blog

Vengeful Spouse in a Divorce? How to Protect Yourself

Friday, March 23, 2018

Even if a divorce is a mutual decision, there are very few spouses who take the filing of a divorce very well. A divorce may be like telling them that they failed or lost at something. It may be telling them that they aren't worth staying with. It may simply be telling them that you want half of what they think is theirs. No matter what it is, a soon-to-be ex-spouse can be a vengeful one. It doesn't even matter if some of what they do may technically be illegal, if it hurts you, they still may do it.

So when you have an angry spouse in a divorce, what can you do to protect yourself?

Monitor Your Finances

Until the divorce is final, it is likely you will still share much of your finances as if you were happily married. While removing assets from these accounts is illegal, you might find that your spouse is making a few more withdrawals than normal. Be sure to monitor them and if you are suspicious, bring it up to your lawyer.

Credit Freeze

It is highly beneficial to consider a credit freeze during a divorce if possible. While you may need that credit, a freeze does prevent your spouse from opening accounts in your name and otherwise trying to tank your credit.

Consider Staying in the Family Home

In many cases, one spouse may move out as soon as the divorce is filed. However, by leaving your spouse alone in the home can be a good way to lose all your physical property. Furthermore, if you have children it may be best to maintain a physical presence as well. This assures them that they are not the cause and gives your spouse less opportunity to poison them against you if they saw fit.

Are you going through a divorce and suspect your soon-to-be ex-spouse of being particularly malicious against you? Contact us today to see what we can do as your divorce lawyer to protect you.


Does a Father Have to Pay Child Support If The Children Aren't His?

Tuesday, March 20, 2018

When a couple divorces and they have children, in most cases the father will be expected to pay child support to the mother. In these cases, the mother will be the primary custody holder of the children and it is the father's duty to continue to support the children financially, at least in part. However, what happens to divorcing couples where the father is not the biological father of the children in that family?

The law states that if the children of a dissolving marriage are not related to you by blood, then you are under no obligation to pay child support for those children. However, even if one child is not related to the divorcing father and another child is, the father will still have to pay child support for his biological children.

There can be a few small hurdles to overcome for a divorcing father that does not want to pay child support for children that are not biologically his. Often this can include simply taking a paternity test requested by the court. This is most common when the child's birth certificate does not have a father's name on it or even has your name on it. However, if you persist that you are not the father, the paternity test can prove this true or false. If the child's birth certificate does have another man's name on it, the paternity test may not be necessary, though it can easily clear up any arguments.

Unfortunately, if you argue against paternity and child support, this will mean that you do not have any legal authority or right to visitation of the child. If you fight against child support, there will be no chance of visitation enforced by the law. Your ex-spouse may be able to allow it, but that is unlikely.

Are you going through a divorce and don't want to pay child support for children that are not your own? Contact us today to see what we can do for your case.


Had Children Before Marriage? You're Perfect for a Pre-Nup

Friday, March 16, 2018

To many couples looking towards marrying, a pre-nup is pretty close to a taboo word to bring up. Some feel like it is basically saying that there is a chance that your love might die and you want to plan for when it does. However, this may be true for couples that are planning to get married and officially start their lives, but not all commitments work that way. In many couples these days, often couples end up having children before they even think of marriage, and this makes them a perfect candidate for a pre-nup if they decide to tie the knot.

When you have children before marriage, it lends a certain amount of practicality and logistics to your relationship. You might want to provide better for your kids so you choose a smaller, cheaper wedding. You might understand that your marriage might not last, so you choose a pre-nup.

For many parents that choose to get married after they have children, they will always choose the route that is best for their children, and this includes if that marriage doesn't work out. By crafting a pre-nup when you are still very much in love, both sides of the couple can make decisions with a clear, unclouded head. In this pre-nup they can put certain provisions, such as terms for child custody inside that can make it so both parents get a fair split of not just the assets, but the children as well.

While many may tout "doing things out of order," it has been found that having children before getting married actually has a better chance of those marriages lasting since both sides tend to not look at their relationship through rose-colored glasses. If you are a couple that already has children and are looking to officially get married, but still want a pre-nup set in place, contact us today.

Forwarding Thinking in Your Divorce - Child Support Considerations

Friday, March 09, 2018

It has come down to this - all options have been explored and you have finally come to terms with the fact that you are getting a divorce. Amid the emotional stress and legal decisions, sometimes it is difficult to look at the long-term needs of your children, especially when you are overwhelmed with parenting plans, visitation schedules, financial support, and even more immediate details such as where you intend to live or how you plan to pay your bills. It is easy to get caught up in the here and now without considering what your children might require in the future. This is especially true for parents of young children who have not yet begun writing the endless stream of checks required for the activities for children in middle school or high school. 

What do you consider to be necessary for raising a healthy, educated, balanced child? Often times in a divorce, parents do not consider these questions with regard to when their children are older. Do you believe participation in athletics, music lessons, travel, mission work, or academic competitions are activities that your children need to prepare themselves for adulthood? What about the expenses associated with taking Advanced Placement Exams or even Dual Credit courses offered in high school? Do you want trade school or college to be an option for your children after they graduate from high school? If so, who is going to foot the bill for these expensive but enriching experiences? Perhaps you do not consider all of these activities to be central to the development of your children, and that is certainly reasonable, but if even some of them seem relevant to your expectations on what opportunities your children should have, it is important to consider them now. 

Addressing these issues on the front end, when parties may be more agreeable to reasonable solutions, can save you a great deal of arguing, disappointment, or future court proceedings. While you are establishing a parenting plan and the terms of child support, it is important to be forward thinking and to include terms that address these needs. Preparedness on the front end can save you time and expense on the back end, and consolation with an attorney is certainly advised. The attorneys at Jamra & Jamra are available to advise you on these and other considerations in your divorce. Please contact us today if you are ready to protect your children's future opportunities.  


Property Division, Who Gets Custody of - Fido?

Saturday, March 03, 2018

Divorce and child custody battles often go hand in hand, with property disputes a close second among causes of high emotional and financial impact. Houses, cars, 401K distribution and what to do with the family RV provoke understandably strong emotions. Throw in disputes over who gets the family dog and the emotional stakes are even higher.

In most states, pets are viewed as property. The ultimate ownership of pets is dependent upon many factors, including which partner bought the animal and whether kids are involved.

Many pet owners find this approach heartless given that the animal's welfare isn't necessarily taken into account. The big screen TV and the car may hold high dollar values, but they also aren't granted quite the same status in the minds of owners, or, in fact, the law. Destroying your own television set rarely comes with legal repercussions, but animal abuse is another matter.

According to a new Illinois state law following in Alaska's footsteps, animals will be treated much like children in divorce proceedings. Effective January 1st, 2018, in cases where a divorcing couple is equally attached to a pet, judges in Illinois are now permitted to take the animal's best interests into account, much as they would a child.

The new law applies only in Illinois, but the results bear close watching. Most likely, who will make the better owner will be the main criteria for animal custody decisions, but, as with children, one wonders if that decision could usher in a host of other issues, including visitation. 

While California law still views pets as property, the California Family Code Section 6320 allows pets to be included in protective orders. Some California judges also consider visitation a valid option in pet disputes, as happened in the case of Gigi, whose ultimate disposition included a "bonding study" and cost her owners 100,000 dollars in legal fees.

Custody and ownership as separate issues is the standard in most states and under most conditions, but as pets have become normalized as part of divorce settlements, laws have had to keep up with human emotional bonds. Contact us to learn more about how pets factor into divorce proceedings.