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Family Law Blog

What to Expect From a Child Custody Hearing?

Friday, October 23, 2020

Ideally, a child custody hearing is something you never have to go through. However, because of that, it is a bit of an unknown that is likely causing you stress. What will happen? How will everything be sorted? For your specific circumstances, your lawyer can (and should) give you a full rundown on what will happen inside that courtroom, but here is what you can expect.

Child Custody Hearing in Court

In truth, most child custody hearings, when they make it to the courtroom, are almost all finished up. Due to how pressed the courts are for time, you do much of the planning, debating, and agreement outside of the courtroom with your lawyer, your ex-spouse, and their lawyer.

What you can expect is to form a parenting plan with your ex-spouse. This will be a lot of mediation on what is fair time that the child gets to spend with each parent. It is best that you go into very specific details. The more details that are covered in a court-approved parenting plan, the happier everyone will be. Be sure to cover things like holidays, school vacations, emergencies, transportation, and vacations.

When you do enter the courtroom, usually you don't need to be ready to debate your side. If there is any disagreement on issues that you and your spouse cannot agree on, the judge will weigh in to make a more final decision. This decision will be based on not so much what is fair to the parents, but rather what is in the best interests of the child. Other than that, the purpose of going to court is so the judge can look over the parenting plan and give it legally-binding approval.

Learn More About What to Expect From a Child Custody Hearing

Are you going through a divorce and need help navigating this difficult process? Contact us today to see what the Law Office of Jamra & Jamra can do for you.

Three Questions You May Have About Spousal Support

Friday, October 16, 2020

If you and your spouse are currently planning to get divorced, you might have questions about spousal support, sometimes referred to as alimony. Here's a look at three questions you may have.

What Are the Different Types of Spousal Support?

Spousal support is generally divided into two types, temporary spousal support and permanent spousal support. Temporary spousal support is being paid while the divorce is going on. Once the divorce is final, permanent, or long-term spousal support may be awarded to one of the partners.

Is Permanent Spousal Support Always Permanent?

"Permanent" could be misleading. While it is sometimes permanent, changes in circumstances may also mean changes in the amount of money that is received through spousal support. If either party has a change in employment, the amount of money could go up or down. If the person receiving the money remarries, spousal support will end. If you are concerned about these factors or other factors concerned with spousal support, a spousal support lawyer can help.  

How Is Spousal Support Determined?

Several factors go into determining how much spousal support the person is given. One important factor is the length of the marriage. If you were only married for a short time, you might not get spousal support, or it may be smaller than it would be if you'd been married longer. Age, health, and how well each partner can continue to support themselves based on their current standard of living are also considered. If one spouse helped with the other's education or other work-related training, that may also go into determining the amount of spousal support awarded.

Have More Questions About Spousal Support?

You may have other questions about spousal support, and we are here to help you. Contact us if you need a lawyer experienced in spousal support cases or if you have any questions about spousal support.

The Benefits of Getting a Prenuptial Agreement

Monday, October 12, 2020

If you and your partner are planning on getting married, the last thing that you likely want to think about is the possibility that you will get divorced someday. However, the fact is that divorce rates are still extremely high, which is why it is important that couples plan ahead by getting a prenuptial agreement before the big day.

While prenuptial agreements (also known as prenups) are often thought of as something only the rich and famous need, the fact is that prenups can help protect couples from a variety of backgrounds in the event of divorce. If you are getting married soon, here are just a few of the reasons why you should consider getting a prenup. 

It Forces You to Look at Your Finances

One of the greatest advantages of a prenuptial agreement is that it forces couples to take a look at their finances. One of the most common reasons for problems in a marriage is that couples often go into marriage with different ideas and expectations about money, leading to fights down-the-road. However, during the process of creating a prenup, couples are forced to look at their finances, and this often facilitates discussions about money, which can actually help to prevent future marital problems. 

You Both Have Debt

Many people believe that they do not need a prenup if they do not have a lot of money; however, a prenup can be equally important if one or both spouses have debt. These days it is not uncommon for couples to enter a marriage with both parties having credit card debt, auto loans, and student debt. Getting a prenup can actually protect you from each other's debt, as the prenuptial agreement can outline who is responsible for what financial obligations in the event of a divorce.  

One of You Owns a Business

It is particularly critical that you get a prenup if one of you is a business owner. Oftentimes when a couple gets divorced and they own a business, this can leave the business in jeopardy of being torn apart. A prenup can then help to protect this premarital asset by outlining how much of the business each spouse is entitled to in the event of divorce.

Conclusion

Contact us to learn more about how a prenuptial agreement can protect you upon entering marriage. 

3 Unexpected Benefits of Prenuptial Agreements

Monday, October 05, 2020

If you've reached the point where you and your partner are considering marriage, it's important to take a step back and really look at the life you want to build together. While the goal of marriage might be to last the rest of one's life, that's not always how things work out. While divorce law can be messy and expensive (not to mention personally draining and stressful), a prenuptial agreement can nip proceedings in the bud.

However, there are additional benefits to a prenuptial agreement beyond the obvious.

1. A Prenuptial Agreement Helps You Test Serious Waters

It's hard talking about serious subjects, even with someone you love. A prenuptial agreement is one of those adult conversations, and how you and your partner react to it can say a lot about how you'll handle other issues in your relationship down the road. Acknowledging that you need to be ready for potentially negative circumstances, from serious injury and job loss to end-of-life planning, is important in a long-term relationship, and a prenuptial agreement is often an indication of how well your relationship handles that stress.

2. It Reduces Overall Stress

Even good relationships can only handle so much stress, and though it might seem counterintuitive, prenuptial agreements actually reduce the overall stress on a relationship. As Davidson Fraese points out, nailing down specifics eliminates that "what if?" feeling, and provides concrete answers for many of the questions about your future. Emergencies are much less scary when you already have a plan, and you know what's going to happen in the event that particular emergency happens.

3. It Keeps Business Ownership Separate (As Well As Finances)

When most people think of prenuptial agreements, they tend to think in terms of cash, and maybe property like cars, houses, etc. However, if you own controlling portions of stock, or partial interests in businesses, then your spouse may end up with some of that in a traditional divorce proceeding. So in this case a prenuptial agreement helps keep your business partners and employees clear of potential blow back from a future divorce, as Go Banking Rates points out.

Conclusion

For more information about marriage and divorce, simply contact us today!