Family Law Blog

Co-Parenting Tips When You Don't Live Near Your Children

Monday, January 06, 2020

Co-parenting is hard when you live close to your ex-spouse. Add in some distance (a few hours), and it can become downright difficult.

It is a challenge whether you are the one who has your children or you feel like the one who was left behind. However, you have to find a new way to co-parent together. Here are some tips to help if you don't live near your children.

Stay in Touch Regularly

You should try to schedule phone calls and video chats regularly. You may want to do this weekly or even daily, depending on you and your children's schedules. Indeed, never miss this because you and your children need this time together.

Ask Questions

Make sure that you ask questions and really listen to the answers. Initiate conversation with your children by asking them about their day, school, and other events that are going on with their life. If they have something special going on, ask them to tell you all about it.

It is even helpful to learn all about the people in your children's lives. Find out the names of their neighbors, teachers, and friends at school. Ask about them on a regular basis, so that your children really feel like you are involved in their lives.

Get Together

Find ways to get together with your children. Though you may not be able to visit them every weekend, if you can occasionally travel to spend some time with them, it will mean a lot to them. If they are in a sport and they have a big competition, find a way to be there.

Conclusion

Though it is hard to be away from your children for long periods of time, you need to stay connected with them. Call and video chat with them regularly. Learn about their life and ask questions to find out more. Then, travel to them when you can. They will really appreciate seeing you there!

Contact us for all of your legal needs.

What Happens When Divorced Parents Disagree on Vaccinations?

Monday, January 06, 2020

Vaccines are highly contentious in the media these days. As they involve children, it isn't so far-fetch to believe that vaccinations could leak into your child custody case. However, whether or not your spouse needs to vaccinate your child isn't as simple as assigning parenting time. Indeed, it will need to be addressed if you disagree with their decision.

Joint Custody

If your state already has laws mandating that a child needs to be vaccinated if they are to attend public school, then it makes the case more clear. Instead, it could then become an issue of whether you want your child to be homeschooled or not. However, if there is no such law, then it becomes a case of parental rights. If you have joint custody, then you, even as the non-primary custody holder, still have a say in your child's medical and religious upbringing. As vaccines are denied for either religious or medical objections, you can maintain that you do or do not want them immunized in a divorce case.

Disobedience

If the court rules in favor to vaccinate your children, which is likely due to rampant outbreaks of wholly preventable diseases, and your spouse does not comply, they may be looking at several days of jail time for disobedience. You, as a custody holder, are also in your right to take your child to receive vaccinations when your parenting time comes around. In this case, your ex-spouse cannot go after you in court.

Conclusion

While vaccinations are the hot issue right now, if you are looking at divorce or a complicated child custody case of any kind, we can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you navigate a complicated divorce case so you can get the best possible outcome.

Can Martial Misconduct Affect Your Divorce?

Monday, January 06, 2020

There is a certain belief that your conduct in a marriage can affect your divorce. It certainly can, but not often in the way we believe. As a no-fault divorce state, you need not declare any bad actions in terms of your reason for a divorce in most areas. Indeed, it doesn't matter if one spouse was adulterous or if you just stopped clicking, the state doesn't care. However, this situation is often confused with marital misconduct.

Financial Outcome

It is true you don't need a reason to get divorce in most states, but if there has been marital misconduct in a marriage, it can affect the financial outcome. When two people divorce, the courts like to keep asset and property division fairly equal between them. If the two parties can reach an agreement outside of court, some asset division can be unequal between the two, but still approved if not completely outrageous.

Assets

However, if there was misconduct in a marriage, it can affect how the assets are divided. It is important to remember that marital misconduct in regards to unequal asset division is not meant to be a punishment, but rather to reduce what has been an added burden on the spouse that acted in good faith during the marriage.

This means that a common marital misconduct situation - adultery - would not automatically mean that the spouse that didn't cheat would get more. However, if the non-cheating spouse can prove the adulterous spouse showered their extramarital partner with expensive gifts that put a burden on the family financially, it will be likely that the courts will give the spouse acting in good faith a larger share of the assets in the divorce.

Yes, There Is an Effect

So in truth, marital misconduct does affect the divorce. If you can prove that their actions were wasteful with marital assets or placed a stronger burden on you in the marriage, you may be able to get more when the remaining assets are split.

If you have a spouse that has been cheating, gambling, or that have an addiction and you are considering a divorce, contact us today. As veterans of family law, Jamra & Jamra can help you get through this difficult process.

Are Your Spouse’s Debts Split With You?

Monday, January 06, 2020

When divorcing, you may be more concerned with who gets various items or a decent share of the monetary assets. However, you should be just as concerned with the debts because, unfortunately, they can be your debts as well. Many who are divorcing forget that marital debt is split the same as monetary assets.

Marital Property

In most states, anything accrued during a marriage is considered marital property. This includes your debt. So while you may be fine with splitting your finances, you should also be prepared for the reality that you will receive a split of the debt as well after your divorce.

Before Marriage

However, in order for the debt to be split, it has to fit the right criteria. For example, if your spouse went to college before you were married, their student loans would not be considered marital debt. They accrued it before marriage and thus they are solely responsible for it. However, if they solely racked up large credit card debt during the marriage, you would both be responsible for it because it would be considered marital property.

Specific Criteria

There are circumstances in which you will be able to argue that marital debt is not actually marital debt and, thus, should not be split. For example, if you can prove that your partner racked up a large amount of debt frivolously or without your knowledge, the courts may hold them solely responsible. The most obvious example may be a gambling debt. However, so long as you can prove that the debt was created without your knowledge and without your benefit, anything can fit this criteria. Thus, saving you from a large split of the debt.

Conclusion

Are you going through a divorce and need help? Contact us today so the Law Office of Jamra & Jamra can help you navigate this difficult process and get the best possible results.

Changing Your Mind After the Divorce Papers Are Signed

Monday, January 06, 2020

In most cases, once the divorce papers are signed, there is really no going back. It is difficult for couples to reconcile once a party has gone through the trouble of having divorce papers drawn up, but it is not impossible. However, once the process has been started, can you stop it?

Modification

The answer depends on why and when you want to stop it. For example, if you want to stop the divorce filing to change the terms of the divorce papers, you have limited options. If the court has already approved them, you will need to file for a modification or appeal.

Cancellation

If you want to cancel the divorce papers after filing, then you have more options. If your divorce is still in the very early stages, you are within your right to withdraw your divorce petition. If the petition has not been filed by the county clerk yet, you can simply withdraw it and end your divorce before it even starts.

Withdrawal

If you cannot withdraw your petition from the county clerk because it has already been filed, you will need to file papers for voluntary dismissal. This can be done at any point during the divorce process and involves filing forms that ask the court to dismiss the case. If you and your spouse have reconciled, this can be done. However, it does involve a filing fee, but you do not have to give any explanation for why you want your divorce case to be dismissed.

Conclusion

Are you considering a divorce? This is not something should be done frivolously, and there are fees involved to prevent that. However, if you are serious and ready to file, contact us today to see what we can do for you. The Law Office of Jamra & Jamra is dedicated to helping you get the best possible outcome from your family law cases.