Family Law Blog

Does Moving Out Affect Property Division?

Friday, November 22, 2019

Divorce is one of those high tension scenarios that often make it one of the worst times in a person's life. As this is such a stressful time, it is no surprise that one person often decides to move out. However, does this make a difference in the case of property division? Does abandoning your house mean you lose assets?

With Children

In divorce with children, moving out during the process can be harmful to custody. It shows that daily interaction with your children isn't such a high priority for you. However, what about when you don't have children and are just worried about the property division? While moving out doesn't hurt you quite as much in this respect, often you can shoot yourself in the foot by doing it.

Depends On What You Leave Behind

You may be in a hurry to get away from the fights, and this may drive you out with nothing but a suitcase full of clothes. This is the main problem. If you moved out fully prepared with your financial documents, family heirlooms, and anything that is separate, non-marital property, then you would be fine. However, if you leave all that behind, it can become a hostage or a target for your spouse. Thus, they essentially have control over everything in that home as you have abandoned.

While big items like real estate can't be so easily disappeared, small items are less likely to be noticed by the courts. Don't be surprised if things start to disappear.

Contact Your Lawyer

If you believe that your spouse is maliciously hiding or selling off your assets inside a house, you need to contact your lawyer right away. They can help walk you through what you need to do to protect your property.

Conclusion

If you are starting divorce proceedings or have other family law problems, contact us today to see what Jamra & Jamra can do to help you make the process go as smoothly as possible.

Can a Spouse Trap You in a Marriage by Refusing Divorce?

Friday, November 15, 2019

Ideally, you and your spouse will both just eventually come to the conclusion that you are both unhappy and the marriage needs to end. You both get decide to get a divorce and the property division of it all is difficult, but done quickly and amicably. However, it doesn't always work out that way. Sometimes one partner wants out, but the other wants so desperately for them to stay, which can lead to their refusal of divorce.

No, They Cannot "Hold You Hostage"

Fortunately, a spouse can't "hold you hostage" in your own marriage, so to speak. In the best case, their refusal to cooperate works out in your favor since failure to acknowledge divorce papers can be seen as a no contest divorce where you get everything. In the worst case, they do cooperate slightly, but actively work to slow the whole process down. While your spouse can certainly make divorce much more difficult, they cannot flat out refuse to divorce you. Even if they were to disappear suddenly in order to slip divorce proceedings, you could still progress.

A Lawyer Can Help

What often makes the difference in these cases is often the help of a knowledgeable lawyer. For every time that your spouse makes this process difficult, your lawyer will be able to best advise you on what you need to do next in order to take the next step forward. If your spouse is being difficult, it requires a bit more patience, but your lawyer can help you get to the finish line so you can continue to live your life after it is done.

Conclusion

If you are getting divorced, whether or not you have a difficult spouse that isn't cooperating, contact us today. The Law Firm of Jamra & Jamra is dedicated to helping you get the best possible outcome from your divorce or family law case.

Children's Issues During a Divorce: Smooth Visitation "Hand-Offs"

Friday, November 08, 2019

In the process of divorcing, children from the marriage often find their time split between two households. Often, one parent stays in the home while the other finds a new residence. Thus, for visitation to take place, a "hand-off" must occur. To ensure a smooth transition, divorcing parents need to set a routine that is beneficial to all.

Neutral Location 

The most natural location for the pick-up and return of a child is his regular home. Unfortunately, heightened emotions can necessitate a more neutral venue. In this case, it is often helpful to select a child-friendly place for the "hand-off". For example, consider a park with a playground is an option. If you believe your safety is at risk with your former partner, you can choose to make a police station the location for handing off your children.

Brief Transition

Keep the transition brief and amicable. Indeed, behave in an adult manner and avoid confrontation. Above all, don't take a new love interest with you when you pick up or return a child. Chances are, emotions are high and a newcomer's presence is not welcomed by the other parent, or more importantly, by the child.

Communication

Always communicate with your child about the details of a "hand-off". Knowledge empowers children and is reassuring. Let the child know when he is going and for how long. Also, let him take a couple of favorite things with him for the hand-off. Make it as simple for your child as possible. Be positive when he leaves for the visit and when he returns. Never "drill" your child about his visit with the other parent as this might make him reluctant to be "handed off" in the future.

Communicate with your former partner regularly regarding visits. Ask for cooperation and patience during the transition to and from visits. Your children deserve positive collaboration, especially during a divorce.

Conclusion

Contact us for more advice regarding children's issues during divorce. We are here to help.