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Family Law Blog

How Does the Length of a Marriage Affect Spousal Support?

Monday, June 29, 2020

There are many aspects of marriage to consider when calculating spousal support when filing for a divorce. However, one of the more crucial aspects is the length of the marriage. The length of your marriage not only factors into how much you get, but how long you will get it for, and even if you will receive spousal support at all.

Shorter Marriage

Typically, those who have been married for a long time, usually more than ten years, will receive a lengthy spousal support period. However, the length will also be extended if the spouse asking for support does not work or makes a small amount of income.

For example, if a grocery store worker divorced a millionaire after a year of marriage, they will likely get no spousal support from the marriage. They weren't married very long and were able to support themselves just a year ago. Now, they can do it again. Even if they quit their job during the marriage, it is one they could get again without much difficulty.

Longer Marriage

Now, take a dissolving 30-year marriage where one party is a sole earner and the other has been a house-maker for the past 20 years. It is likely that the non-working party will get a long-term or lifetime of spousal support. This is because they have been out of the workforce for so long that it would be difficult for them to become gainfully employed.

Learn More About Spousal Support

It is likely that your marriage falls in between these two extremes. Typically, what the standard couple will be looking at is a limited spousal support award based on the length of your marriage. This will allow the lesser earning party an adjustment period after the divorce, but the payments will end eventually.

Are you going through a tough divorce and need help? Contact us today to see what Jamra & Jamra can do to help you get through this difficult experience.

How to Keep the Cost of Divorce Low

Monday, June 22, 2020

It is not a highly advertised fact, but getting a divorce can be expensive. For some, they have the funds to draw things out and make sure they get their fair share. However, that is not the case for most of us. If both you and your ex-spouse aren't exactly flush with cash or assets, there are a few things to keep in mind if you are looking to keep the cost of divorce as low as possible.

Divorce Amicably

If you and your ex-spouse are willing to work out property division and child custody amicably in mediation, it will save you quite a bit. Not only is it cheaper to not have to get the court involved, but it is also much faster.

Share Documentation

Bank statements, retirement account, or anything else you have that is a financial document – share it. Nothing will slow down a divorce faster than dragging your feet presenting documents or even trying to hide assets. The longer you take, the longer you need to pay your lawyer. If it becomes apparent that someone is being unnecessarily malicious, they may even face punitive measures.

Don't Fight For Items Not Worth It

If you and your ex-spouse are having a disagreement over who gets the multi-million dollar mansion, then certainly fighting for it is worth it. However, fighting over who gets a set of DVDs or a potted plant isn't worth what you are paying your lawyer for. There are battles worth fighting and there are battles that aren't worth it. You should know firmly what you aren't willing to give up and assess if it is really important to fight for it or if it can be replaced over time.

Conclusion

Are you going through a divorce? We can help. Contact us today to see what Jamra & Jamra can do to help you keep your divorce fair, quick, and as affordable as possible.

Can You Relocate Your Children Following Divorce?

Friday, June 12, 2020

Divorce is never easy as there is rarely a clean break. Often, the most precious assets are children over which there are custody decisions. Usually, a custodial parent is named and is the one who will have the most time with the children. The other parent is generally given visitation rights on a set schedule. Sometimes, "joint custody" is agreed upon or mandated by the court in which both parents have equal custody. However, one is named the "residential parent" whose address is utilized for the purposes of postal mail and school.

Notice of Intent to Relocate

Many courts deem "joint custody" as the ideal situation ("in best interest of children"), but sole custody is ordered when declared appropriate. For example, in cases of domestic violence or other threats to a child's safety. When there is shared custody, one parent is required by law to provide notice of intent to change residence by certified mail at least 60 days prior to moving. This is the case with any relocation, even if it is within the same neighborhood.

This notice is required to include:

  • The new mailing address if known. If unknown, the city for relocation must be named
  • A current contact phone number for the relocating parent
  • Proposed date of relocation
  • Short statement describing reasons for intended move of the relocating parent and children
  • Proposed plan for adjusting custody conditions (including visitation) as necessary

Consequences for Failure to Provide Notice

A parent who relocates his/her children without providing the required written notice risks much with the court in which custody was initially decided. The court will take into account this breach and will use it as a factor when deciding how, when, and if custody and visitation will be modified. It is possible the judge will order the children returned from the relocation and the offending parent might be ordered to pay expenses of the non-relocating parent.

Objection Filing By Non-Relocating Parent

Once a parent is noticed of his/her ex-spouse's plan to relocate, he/she has 30 days in which to file an objection with the court which initially handled the child's custody issue. Should the parent fail to file, the court will most likely allow the other parent to move. If the petition is filed, most often the court will hold a hearing to determine if the relocation is in best interest of the involved minors.

Factors the Court Might Consider

  • How drastically the current custody agreement will need to change to accommodate the distance of the move. For example, if the non-relocating parent currently has his/her children every weekend, a far away move would likely make visits much rarer.
  • Both parents income might be taken into account by the court as funds are needed to permit frequent visitation to other parent's residence.
  • Does the move provide a more stable and safe environment for the minors. For instance, is the new home in better condition than the old one, are there good local schools, is the new location in a lower area of crime, is there less air pollution in the area of relocation?
  • Record of prior visitation; for example, does the parent filing the objection have a history of frequent visitation or is it sporadic or rare?

Learn More About Relocating Your Children Following Divorce

A qualified and experienced attorney in child custody is advisable for those who wish to relocate a child following divorce. Jamra & Jamra is a firm dedicated to help those with divorce issues including child custody and visitation concerns. Please contact us so we can help you with your situation.

Why You Need a Prenuptial Agreement

Friday, June 05, 2020

What do you think of when you hear the word, "prenup"? Maybe that a prenuptial agreement is only for the rich or for couples who really don't expect their upcoming marriage to last? 

The truth is that a prenuptial agreement provides a lot of benefits for everyday couples. It does not mean that you expect your marriage to fail or do not trust your partner. Instead, a prenup can provide peace of mind by honestly putting financial matters on the table before you say, "I do".  

First, What Exactly is a Prenuptial Agreement?

prenuptial agreement is a contract created and signed by two people before they marry. It outlines what will happen to their assets and debts if the marriage ends in death or divorce. Here are a few reasons that you and your partner might want to consider one.

Protects Children from Previous Marriage

If you have children from a previous marriage, then a prenup lets you spell out what property your children will receive when you die. It prevents a spouse from claiming property that children are meant to inherit.

Outlines Financial Responsibilities

Individuals entering into marriage may have very different outlooks when it comes to finances. For example, one might be a spender while the other is a saver. A prenup can outline exactly who has what financial responsibilities during the marriage and can help smooth tensions when it comes to managing household finances.

Eliminates Arguments in Case of Divorce

If the marriage does end in divorce, then a prenuptial agreement can eliminate arguments about how to divide assets. Indeed, all of that is already spelled out. This can help make an already difficult situation, less so.

Learn More About a Prenuptial Agreement

So, although a prenuptial agreement is not particularly romantic, it can protect the financial well-being of your children, outline financial responsibilities during the marriage, and reduce conflict in case of divorce.

If you are entering into a marriage and are interested in creating a prenup, then please contact us. Our team looks forward to working with you!