Family Formation Lawyer

If you and your child’s other parent are no longer going to be parenting under the same roof, whether due to a divorce, legal separation, or a romantic split – and you both intend to sustain active parenting roles – the family court judge assigned to your custody case will likely require you draft a parenting plan. Parenting plans, which are sometimes called parenting agreements, help to set the expectations for a co-parenting relationship.

By setting legally-enforceable expectations concerning the ways in which you’ll co-parent and how your co-parenting relationship will function on a practical level, you’ll better ensure that preventable tensions don’t derail your attempts to parent your child in a healthy environment.   

Crafting the Terms of the Agreement

As an experienced family lawyer – including those who practice at AttorneyBernie.com – can confirm, the parenting plan terms that serve the needs of one co-parenting relationship may not serve the needs of another. As a result, it’s important to avoid making assumptions about whether another family’s parenting plan structure will serve you and your child to the greatest possible extent.

In the event that you and you co-parent can’t agree on some of the terms of your parenting agreement, a judge will be called upon to intervene. This isn’t usually an ideal situation because no parent likes to leave the fate of their time with their child in the hands of a third party. Yet, this situation is sometimes unavoidable. In the event that a judge is called upon to make a ruling about your parenting agreement, they will base their decision on their interpretation of the “best interests of the child” standard. As a result, you’ll want to frame any proposed terms of your parenting agreement to meet this standard proactively. That way, if your custody situation become contentious, you’ll already be working from a potentially winning frame of mind.

Meeting the Best Interests of the Child Standard

The ”best interests of the child” standard is the frame of reference that every family law judge in the country is bound to respect. With that said, each judge’s biases and priorities influence how they believe that this standard should be applied. An attorney can advise you as to whether the parenting plan terms you’re proposing are likely to actively serve your child’s best interests in ways that are defensible in the event that you need to go to court.

You know your child best. What is critical is that you both keep your child’s best interests at the forefront of your mind when crafting parenting plan terms – instead of, say, becoming preoccupied with not letting your ex “win” their preferred terms – and that you can clearly explain why your terms serve your child’s best interests.

Take care to make the terms of your plan structured enough that everyone involved can plan accordingly but flexible enough so that “life” is allowed to happen. Keep in mind that too-rigid terms can land you and your ex right back in court, arguing about minor violations of the terms of your plan.

Services From a Divorce Lawyer

When you are considering a divorce from your spouse, you want to speak with a trusted divorce lawyer who can give you the guidance that you need. Going through a divorce is a difficult process and it can be hard to know how to approach it. Fortunately, there are many legal services that a qualified and experienced divorce lawyer can provide you so that you can make the best decisions. These are some of the legal services that a divorce lawyer can provide for you.

Resolving Divorce

If you have any questions about divorce, whether you have made a decision about proceeding with a divorce or not, a lawyer can help you. They can examine your situation and enlighten you about your legal options. Divorce is complex, so they can give you a breakdown of the costs, timeline, and other topics that you need to know regarding divorce. 

Divorce Alternatives 

As a divorce lawyer like one from Robinson & Hadeed can tell you, there are alternatives to divorce that you can consider. Divorce can be costly and complex to go through, however, there are other routes you can choose to settle your divorce outside of court. Mediation and arbitration are popular alternatives because of their simpler process and lower expenses. They also allow you to retain your privacy since a divorce finalized in court is put on the public record. 

Estate Planning Documents

A divorce lawyer can help you with affairs regarding your estate. Making changes to your estate when you are going through a divorce can be one of the most frustrating parts of the process. Having a lawyer at your side ensures you are successfully making the necessary legal changes to your estate. They can go over legal documents like your will and any changes that you want to make to it. 

Child Custody Agreements

Many clients who are going through divorce have children together, which can make the experience even more complicated. Deciding how to best develop a child custody agreement that everyone agrees with can be challenging. A divorce lawyer can help you find an arrangement that is fair to you, your spouse and meets your child or children’s needs. 

No matter what kind of services you need, a divorce lawyer like one at Theus Law Offices can help you and provide you guidance. Learn more about legal services you can receive from a qualified divorce lawyer by scheduling a consultation today.

Common Divorce Misconceptions

As a divorce lawyer knows, many people see the legal system portrayed on television shows and movies and mistakenly believe it is how the system really works. However, one should remember that those situations being portrayed are for entertainment value and often rely on the dramatic effect to hook the audience. The actual processes involved in the legal system are far more complex than they may seem. Some of these common misconceptions include the following.

The reason for the divorce makes a difference.

For the majority of divorces, this is not true. Although the actions of a spouse may have been horrible — for example, if they are guilty of infidelity — it does not necessarily make a difference in how the division of assets and debts will be decided.

The majority of states have a no-fault divorce option, which is similar in theory to irreconcilable differences, meaning no one is to blame for the divorce and the couple has just decided to end the marriage. Some states do have “fault” grounds, which do include abandonment, adultery, bigamy, and extreme mental and/or physical cruelty.

These grounds may not affect the divorce settlement, but they can affect child custody and visitation issues.

Everything will be divided between the two spouses right down the middle.

This is another misconception people often have; however, it is not the way divorce settlements work. If your state is an equitable distribution state, the court will take all the assets a couple has — including earnings, savings and retirement accounts, personal property, and real estate — and divide those things by which the court deems as fair, which does not always mean monetarily equal.

Some of the factors a judge may consider when dividing the marital estate are how long the couple was married and the ability of each spouse to earn an income. If your divorce lawyer negotiates on your behalf in mediation or arbitration, you have even more control over the division of assets. 

Hiding assets is a smart move to keep the other spouse from being awarded a share of those assets.

This is also a big mistake when going through a divorce. The courts may overlook hiding an affair from your spouse, but if you attempt to hide assets, be prepared for some possibly heavy sanctions. In some cases, courts have been known to take all those hidden assets and award them all to the other spouse.

Contact a Divorce Law Firm Today

If you are ending your marriage, call an experienced attorney, like a divorce lawyer from a law firm like AttorneyBernie.com.

If you’re reading this, then chances are you might be in a marriage that is headed towards divorce, or you are already in the midst of it. Perhaps your marriage is beyond repair and as much as you want it to end, maybe you have some fears because you know that your spouse is not going to give you an easy way out. While a therapist can help a divorcing couple come to terms with the situation, it is important to protect your mental health at this time. Ultimately, you will be parting ways from your spouse, and they will have to accept this fact eventually.

One of the keys to a successful divorce with an unmanageable spouse is to take your emotion out of the legal proceeding. This can be difficult of course, because even if you’re happy that the marriage is ending you’re still going to have plenty of emotions. And one of those emotions might be anger, which is a buildup of all the ways that your spouse has been trying to get under your skin. Your spouse probably wants to escalate the situation and try to bring you down with them. As tempting as it may be to retaliate or stoop to their level, focus on how you can deal with them from a legal perspective and not an emotional one. For extra support, your lawyer can use certain strategies to motivate an uncooperative spouse into acting more reasonably. 

After you hire a lawyer, limit contact with your spouse. It is really your lawyer’s job to protect you and your best interest, so they can communicate with your spouse (or their legal team) that you don’t have to anymore. Your lawyer can deal with your irrational spouse so that you can attend to other things and focus on your new path forward. Think about goals that are important to you and what you can actually accomplish and control during this time. Now that your marriage is basically behind you, think about where you want to live, what you envision for your future, and what you want to do. It is more than okay during this time to think about yourself with shameless selfishness. Because of everything you have endured thus far, you deserve to focus on yourself and create a barrier so that your spouse can no longer continue to chip away at you.

Even if the situation does not feel peaceful right now, commit to doing things within your control that will ultimately get you where you want to be. Life is much too short to be caught up in a fight with an angry soon-to-be former spouse. You can make the most of this experience by getting help from a lawyer and putting yourself first. As a family lawyer from Bernie Kempen knows, a difficult spouse can make divorce more challenging, but there are professionals to intervene and ways to keep your own sense of calm amidst the chaos.

DUI Lawyer

Driving under the influence is one of the most common offenses that people commit every day. This type of crime is also one of the leading causes of accidents and deaths all over the world. Because of this, most states have become stricter when it comes to implementing laws against driving under the influence.

A DUI lawyer from The Law Office of Daniel J. Wright is needed when you are facing a charge of driving under the influence of alcohol or drugs. This is a serious offense that can lead to significant fines and even jail time. The laws in most states make a first offense a misdemeanor, with subsequent offenses moving up to felony-level if they are within a certain number of years of the first infraction.

Effect on your driver’s license

Driving under the influence is not only dangerous to the driver himself but also to other people on the road. Because of this, it’s important to take action whenever a driver is suspected of being drunk or high while driving a car. However, in order for these suspicions to translate into any legal action, there needs to be proof.

If a DUI is your first offense, you have options that can keep it off your record. You may also be able to negotiate a plea agreement whereby you plead guilty to a lesser charge. Even if the evidence against you is substantial, an experienced DUI lawyer from The Law Office of Daniel J. Wright may be able to find a way to reduce your penalties and get your charges reduced or dismissed.

Criminal Case

A DUI charge can carry significant consequences. Even if you qualify for a first-offender program or diversion program, you will still be facing penalties such as license suspension or revocation, fines, and probation. You may also be required to install an Ignition Interlock Device on your car. A good DUI lawyer from The Law Office of Daniel J. Wright will be able to advise their client about how to proceed after being arrested for driving under the influence of alcohol or drugs.

Increased Insurance Premiums

Many insurers are reluctant to cover drivers who have been convicted of DUI offenses at all. If they do offer coverage, premiums are likely to be significantly higher than for drivers without any convictions on their records. An experienced attorney may be able to have your charges reduced so that you don’t lose your license at all.

What are the consequences of a DUI offense?

If this is your first time getting arrested for driving under the influence (DUI), you may find yourself wondering what the consequences are. The first thing to know is that each state has its own laws and penalties for those convicted of a DUI. Even if you have committed the same crime in another state, it does not mean the same penalties will apply.

It is also important to note that the more times you get arrested for a DUI offense, the more extreme the penalties will become. The law tends to be harsher on repeat offenders, which is why it is so important to hire a DUI lawyer from The Law Office of Daniel J. Wright immediately after your arrest.

No business owner likes to think about getting sued, but lawsuits are a reality that many of them have to face. If you own a business, it is important to recognize when you may be sued. The sooner you sense trouble, the more likely you will be able to mitigate it. Here are a few signs your business will be sued from our friends at Brown Kiely, LLP.

You Just Fired an Employee Who Refused a Severance Package

Sometimes businesses offer their employees severance packages when letting them go. Many severance packages require employees to waive the right to file a lawsuit for termination. If an employee refuses to accept a severance package, it is a big red flag. There’s a good chance that the employee may be considering taking legal action against your company.

Communication Stops After a Dispute

If there is a dispute between your business and another party, you may be able to resolve it through communication. However, if the other party suddenly stops responding to your phone calls and emails, it is a cause for concern. The party may be getting ready to file a lawsuit against your business and has been advised to stop all communication with you.

Your Business Has Grown Significantly

At first look, having your business grow sounds very positive. Although it is wonderful to see your business take off, it can make it vulnerable to legal issues. When others take notice that your business has grown, they may assume that you have a lot of money and pursue frivolous lawsuits.

You Have Many Customer Complaints

Even the most well-run companies will receive a customer complaint every once in a while. However, if your business has an overwhelming amount of customer complaints, it may be a sign of trouble.

What to Do If You Believe Your Business Will Be Sued

If you have reason to believe that your business will be sued, do not just sit around and wait. It is important to take control of the situation as soon as possible. Begin by contacting a reputable business lawyer that specializes in commercial litigation in Maryland. A lawyer can advise you to move forward with this matter. If you have any documents pertaining to your case, such as contracts and emails, show them to your lawyer. The more information your lawyer has to go on, the better.

Can I Get Help To Modify Child Support? 

After a child support number has been determined, you may wonder if you will need to make these payments for the rest of your children’s young lives. While, for the most part, it is true that these are steady payments you will need to make, it is possible to modify child support payments if your circumstances have changed. It is always best to try to make these changes with the help of knowledgeable lawyers because they will know the best approach to take and know which evidence will be necessary for showing that the amount of child support you are paying now is no longer needed. 

What Evidence Must I Provide For My Child Support Modification Case? 

Typically, to show that child support needs to be changed, you will need to show that there have been significant changes in your circumstances. These circumstances can be your own or your child’s. The burden of proving that there have been significant enough changes will be on the parent who is attempting to modify the child support. Thus, you must document your expenses, your current income, and any other debt you owe.

• You lost your job or received a pay cut. If you are in the unfortunate position of losing your job or receiving a pay cut, you should speak with lawyers, like family law child support lawyers from a law firm like The Law Office of Daniel J. Wright. 
• You have more children with your new partner. If you have started a family with someone else and have more children of your own,  you may wish to ask for a decrease in child support payments as you now have more places your money is going to support your family. 

• You have a medical emergency. If you are involved in a personal injury or become ill, your excessive medical expenses may overwhelm your ability to pay child support. 

What If My Child’s Other Parent Is Asking For More Money? 

If your child’s other parent is asking for more money, you may counter it (i.e., seek to prevent it from occurring) by demonstrating that a significant change in the other parent’s financial circumstances has not taken place. A judge will only review child support modification applications if a significant change has occurred first, such as job loss, a growing family, or a medical emergency.  It will be up to your ex to prove that there are changes so substantial that they warrant increasing your payments. 

Bear in mind that you may produce evidence of your own financial hardship or how an increase would put you in a state of financial pains.

Get The Help You Need For Child Support Payments

If you need help regarding either an increase or decrease in your child support payments, please reach out to a local family lawyer for more help. The reality is that child support modifications can result in debt and homelessness. You can find yourself a statistic if you do not address child support modification strategically and with guidance from legal experts.

There may come a time when you realize that the marriage between you and your spouse should be over. Divorce is a complicated and tricky legal process that often leaves those involved exhausted and worn-out. In order to keep some degree of sanity, it can help to have a lawyer working with you every step of the way. If you aren’t sure whether now is the time to hire a family lawyer, here are four urgent reasons why you should:

#1 Your spouse is keeping children from you.

When one parent attempts to keep the children from the other, this is considered parental alienation. A spouse may try to do this hoping that the other will lose their visitation rights. If your spouse wants you to stay away from children you have a right to see, then you must call a lawyer.

#2 Your spouse has been using up your finances.

Leading up to divorce, one spouse may use up the financial resources as a way to prevent losing it when assets are divided. Unfortunately, this is a reckless move for that parent and such behavior is not likely to be taken well by the court. 

#3 Your spouse is claiming false allegations against you.

You will want a seasoned family law lawyer on your side if your spouse has begun making false claims of domestic violence, fraud, child abuse, etc. If the judge believes the other parent, then you risk losing custody and visitation of your children. You must get a lawyer involved to help you navigate how to protect yourself. 

#4 Your spouse has engaged in a criminal offense.

If your spouse is committing crimes, you’ll need to reach out to a lawyer. Illegal behavior can endanger your children. Even if you do not have kids together, your spouse may try to get you in trouble as if you also participated in the crime.

A family lawyer, like one from The Law Office of Daniel J. Wright, can attest that when divorce is on the horizon it can cause any spouses to act out in ways that hurt the other parent and/or children. By recruiting help from a lawyer, a person can be better protected from a tarnished relationship with children, false accusations, and money stealing.

If you’re trying to get a divorce in Washington state, you may find that it is very difficult if you are an active service member. The process is considered to be confusing and complicated. This is even more true if you have children or you have been married for a very significant number of years. It is also even more complex if your spouse is deployed while the divorce or family law case is filed.

The military divorce lawyer in Tacoma, WA such as the ones available at Robinson & Hadeed can help you as they have helped hundreds of active service members and their spouses throughout Tacoma, Washington. They have a lot of experience navigating difficult and testing matters of divorce, especially when it comes to being divorced while you were in the military actively serving.

Issues that may come into play for a military service member who is active in deploying when they are seeking to get a divorce are things such as disability, whether it’s a full or partial disability, BAH and even retirement can be complicated depending upon the circumstances that are involved in your case. However, a good experienced military divorce lawyer in Tacoma, WA is going to be able to help you by informing you exactly how everything in your case is affected by everything else tied to your service record.

BAH is your basic allowance for housing, and it can be affected by your divorce especially if you have children because the primary custodial parent will receive benefits for housing with children, and the non-custodial parent can receive a BAH differential is going to be paid out an allowance to the member that lives in military housing or they have their spouse or children living with them but pays child support that is greater than half of the difference.

A basic allowance for housing is a monthly allowance that you see when you are in the military and it offsets the cost of housing when you are not living on base, in case your divorce can impact the amount of BAH that you receive. 

If you are the only parent in the military and you get a divorce you may still receive BAH but it will depend heavily on where you live post-divorce, and sometimes if you are considered single by the government you will be forced to move back on base and live in base housing and you cannot receive BAH because the government is going to pay 100% of her housing at this time

You should reach out to a military divorce lawyer in Tacoma, WA if you have any questions about getting a divorce while in the military and you are worried about how it may affect your benefits and change your living situation.