Family Law Blog

Divorce and Self-Employment

Friday, October 12, 2018

Divorce is full of problems. That is just part of the process when you are ending a long-term committed relationship where two parties have become so involved in each other's lives. However, divorce when one spouse is self-employed it is likely to add more problems to the pile. While self-employment doesn't affect the divorce itself, it does affect the financial aspects of divorce.

Self-Employment and Hiding Assets

When one spouse is self-employed, a major worry is that they can somehow hide assets from the other spouse. This actually should be a worry as income from self-employment can be surprisingly well hidden, but often not hidden enough.

When one spouse is self-employed, if you have an amicable relationship, then hiding assets may not be a worry. However, if there is a lot of tension in your divorce, as there often is, it may be in your best interest to seek out the help of a forensic accountant. Often self-employed individuals are no stranger to shuffling money around to support their business, making the act of hiding assets not immediately apparent to the untrained eye. However, the help of a forensic accountant can help you make sure they are being honest.

Self-Employment and Spousal Support

One of the primary issues of self-employed spouses is not so much hiding assets, but rather gathering a concrete amount of income for spousal support. Often in self-employed professions, their amount of income can fluctuate rapidly. Furthermore, what is to stop them from taking less work during a divorce so it makes their income look smaller?

In this circumstance, often courts will not look at recent income, but rather average income. It functions much in the same way of a spouse who quits their job to take a lesser paying job to slip spousal support. The courts will examine past income and their ability to earn in order to work out spousal support payments. However, if they have always been a secondary earner to your primary earnings, you may very well have to pay spousal support to them.

Divorce is never a simple situation, and self-employed spouses make things even trickier. If you are divorcing and need help, contact us today.


Reasons You Might Want to Date Before Your Divorce is Final

Thursday, October 04, 2018

Going through a divorce can be devastating. You may feel like you are losing everything, including yourself. It can be a lonely and upsetting time. Because of this, many people start to date even if their divorce is not final. It doesn't help that many well-meaning friends and family may recommend getting right back out there, even if you don't feel like it.

So, should you date before your divorce is final? Here are some reasons why you might want to.

There are no legal reasons why you can't date during the divorce process.

 Legally, you are allowed to date and move on while you are still going through the divorce so if you are ready, there is no reason why you shouldn't put yourself back out there.

You are obviously going through a divorce for a reason so it can be really nice to feel special. 

Dating someone new is always special and exciting. They will work hard to impress you. You will probably dress up and try to look your best. This can really help you feel better, knowing someone thinks you are great.

It can also help your self-esteem. 

Getting dressed up and going out can make a person feel a lot better. Too many people get depressed after a divorce where they just spend all of their time at home, alone, and in their pajamas. By getting cleaned up and polished, you will feel so much better.

While some people think that you need to get right back out there during a divorce, others believe that you need to wait. As long as you feel ready (and have put your marriage behind you), there is no legal reason why you shouldn't. It might actually help you feel a lot better because who doesn't feel better when they are dressed up and spending time with an attentive person?

Contact us for all of your legal needs.


What to Do After Receiving Divorce Papers

Friday, September 07, 2018

In some cases, divorce is anticipated. You had been living separated for years, and you just knew it was coming. However, for some couples, they just wake up one day and find divorce papers sitting in front of them. However, what now? If you have received divorce papers, take these steps.

divorce papers with wooden gavel

Read Them

We live in a world where often we are pushed to just sign papers without reading them because the language is so complicated you can't understand it anyway. However, your divorce papers contain a treasure trove of information, as well as a deadline by which you must sign them. If the papers are a complete surprise to you, they may even contain the reasons for a divorce.

Contact a Lawyer

If divorce papers have been filed, this is not something that is going to be easily rectified. Contacting a divorce lawyer can help you understand the papers, and more importantly, respond to them appropriately by the usually very short deadline. While many believe a lawyer is just someone who can help you negotiate the most out of your divorce, they are first and foremost an advocate for your rights to make sure your spouse doesn't try to run you into the ground.

Protect Your Assets

This doesn't mean that you should go withdraw all your money from a joint checking account after receiving divorce papers, but rather you should take steps to protect your assets. You should leave all your assets where they are until they can be divided by the court, but you should also set up new separate bank accounts where your next paycheck will be deposited.

Are you going through a divorce? Whether it was long coming or a complete surprise, we can help you. As divorce lawyers, we can help you prepare for what is likely going to be a long process. Contact us today so we can start helping you today.


Moving Out During Divorce Doesn't Extinguish Homeownership Rights

Thursday, August 23, 2018

Man and woman arguing at home

Often one of the first steps of couples heading towards divorce is one party moving out of the shared home. Even if it is just separation, many find it easier to have a little space to think. So one party of a marriage may move in with relatives or find new housing altogether. However, it is important to remember that moving out of your home does not relinquish your homeownership rights.

Homeownership Rights

One of the most important considerations is that moving out of the home does not negate any lending agreements. If you agree beforehand that your spouse will take over payments, then that is one thing. However, if no agreement is made and you just stop paying because you think you are off the hook, then this can be a detriment to you if your name is on the mortgage. In fact, you will need to continue paying until the home is either sold or refinanced. Often this can help speed up a person's decision to divorce since it feels bad paying for a home you are not actually living in.

Furthermore, even if you move out of the home, if your name is still on the title of the home, you maintain the right to move back in if necessary. Often spouses heading for divorce are in a high emotion situation, so it is better to have space. However, if you cannot find a place to stay, your house is still very much your house until the divorce is finalized.

If you are getting a divorce, it is important to know your rights and responsibilities in the matter. You are still required to pay your mortgage, but you still have the right to live in your home. If you are heading for divorce and need help sorting out other rights and responsibilities as well as representation in the process, contact us today.

6 Tips for Your First Meeting With a Divorce Attorney

Friday, August 10, 2018

Meeting with a divorce attorney for the first time? You are taking a major step, and it is important to be properly prepared. Here are five tips for meeting with your divorce lawyer for the first time.

divorce attorney

Know What to Bring 

Ask the lawyer which documents you need to bring along. You might need to bring various tax documents and other legal documents. Make sure you bring all of them so that the lawyer can be properly prepared going forward.

Prepare a List of Questions

Write down any questions that you may have so that you are prepared for the meeting. If a question pops into your head, write it down. This way, you won't leave anything out by mistake.

Be Honest

The lawyer is going to ask you various questions about your marriage, your history together, and so on. Be honest. There is nothing to be ashamed of; divorce lawyers are prepared for every scenario. Not leaving anything out means that your lawyer will be able to handle your case properly.

Coordinate With Your Spouse

If you are going to the meeting together with your spouse, make sure that you are working together. You may not be on the best of terms, but coordinating and working together will ensure that the entire divorce process goes as smoothly as possible without any hiccups. Of course, don't bring your kids to the meeting; it's totally unnecessary. 

Take Notes

Take notes during your meeting. You are going to be covering a lot of topics, and some of them may be new to you. 

Give Yourself Enough Time

Get to the meeting early so that you have enough time. You want to make sure that you can cover all aspects of the divorce process and not leave anything out.

Contact us today for more information. 

5 Tips for Making the Divorce Process Smoother

Friday, August 03, 2018

divorce papers

Going through a divorce is a harrowing process. There will always be tough times to get through. Here are a few tips for making the process easier.

Rediscover Yourself

After living with someone for so long, your identity becomes intertwined with that individual. When you break up with that person, you feel like you are losing your identity. That is why breakups and divorces can be so depressing. After a divorce, start rediscovering the person who you always were before you got married. Discover your passions, take up some new hobbies, and start enjoying yourself while you are alone.

Have a Support System

It is important to have a support system for when going through a breakup. You need all the emotional support you can get. Have a close family member or friend who you can talk to and who will not judge you. If necessary, go to a therapist who is trained in divorces and who can help you feel better.

Don't Get Bitter

It's easy to get extremely bitter after a divorce. Many people feel extreme emotions of hurt, anger, bitterness, and the desire for revenge. However, try to avoid getting into bitter arguments with your ex. Keep things civil, don't be vengeful, and avoid escalating things unnecessarily.

Focus On the Kids

Always focus on what is best for the kids instead of how you can get revenge on your ex. Have the kids' best interests in mind. Try to maintain as much of a connection with them as you can.

Get Legal Help

You also need to get a good divorce lawyer who can help you navigate the process. Divorces are extremely complex from a legal point of view, and you need someone who will be able to help you out in your specific situation. Having a good attorney means that the entire process will be so much smoother. Contact us today for help.

How an Attorney Can Help You Receive the Best Spousal Support Payment Possible

Sunday, April 29, 2018

Going through a divorce can be a very challenging situation.  For those that are going through a divorce and have been dependent on the income of their spouse, receiving a fair spousal support settlement is extremely important.  For those that are going through a divorce, hiring an attorney to ensure they receive proper representation is very important.  A divorce attorney can provide a range of services.  

Consultation

When you hire a divorce attorney to represent you, the first thing that they will be able to provide you with is a consultation on your situation.  The attorney will be able to review all aspects of your divorce and personal financial situation.  This will include reviewing sources of income for both parties, current assets, and expenses.  The attorney will then be able to explain what you are entitled to and what the forthcoming legal process will look like.

Negotiations

Since a divorce is a very challenging situation, avoiding going to trial is always a very good option. In most cases, the attorney will be able to handle all of the alimony and other spousal support discussions outside of the courtroom.  Your attorney will not only focus on ensuring you receive a fair spousal support payment for a period of time, but also receive long-term coverage including a share of retirement benefits. 

Litigation

If necessary, the attorney will also be able to provide assistance in the courtroom.  This can include building the case, presenting it in front of the judge and jury, and handling any deliberations.  This will ensure that you are prepared for the case and receive the best judgment possible. 

If you are going through a divorce, you should contact us to learn more about the services that we can provide to you.  Beyond making sure that you receive the right alimony settlement, we can also assist with the division of assets, child custody, and other challenges that come with divorce.