Many divorces go through litigation. Divorce litigation means that the spouses present evidence to a judge and ask them to make decisions about splitting up their property, dividing parental responsibilities or awarding support to one’s spouse. 

People sometimes think that the only way they can secure a fair outcome is if a judge really understands their side of the situation. However, litigation does not guarantee any particular resolution to custody or property division matters. A judge has to make a decision in line with state laws no matter how compelling your story may be. 

If you need a specific solution in your divorce, want to minimize conflict or hope to reduce your expenses, avoiding litigation might be the right approach. 

You can resolve your disputes outside of court

Divorcing couples have the option of resolving their matters outside of court. You don’t have to litigate. You can file an uncontested divorce where a judge just approves your settlement. 

You can potentially have your attorneys negotiate with one another or cooperate through a collaborative divorce. You could also go through mediation or arbitration if you can’t seem to agree on what is fair without some guidance. As long as you resolve everything amicably, going to court becomes a mere formality. A judge will finalize your divorce, but the two of you will be the ones who make all the big decisions. 

The benefits of this approach include lower overall expenses and more privacy during your divorce. Thinking about the different ways to handle your upcoming divorce can set you up for a less frustrating experience. 

Posted in Criminal Defense, Divorce, Firm News, Uncategorized | No Comments »

If you’re in the process of divorce, it’s wise to be giving some thought to the tax implications of the decisions you make – or at least have a tax or financial advisor who is. This can benefit you, for example, as you divide your property.

If your divorce won’t be finalized until next year, you and your spouse can’t file as “single” for 2021. You have a choice between “married filing jointly” and “married filing separately.” Although filing jointly is typically more advantageous, you’ll want to discuss that with your tax professional.

Who can claim the children as dependents?

Once the divorce is final, if you are sharing custody of minor children, you’ll need to determine who will be claiming them as dependents and filing their taxes under the “head of household” status. This status offers a larger standard deduction than filing as “single.”

You can use the head of household status if you meet specific requirements, including the following:

• You were divorced on Dec. 31 of the prior year.
• You paid for over half the costs of maintaining a home throughout the tax year.
• A qualifying dependent (in this case, a child) lived with you for over half of the year.

If you have primary physical custody of your child, you have the right to claim them as your dependent. If you choose to let your co-parent claim them, you’ll need to complete an IRS form to revoke your claim.

If you and your co-parent are sharing custody equally, there are various ways you can determine who will claim them in any given year. Sometimes, divorced couples will alternate years claiming a child as a dependent. A child only has to spend 51% of the year with a parent for them to get the tax advantages that come with a dependent. Co-parents with more than one child may each claim one or more as dependents in any given year so that they’re both able to get these advantages.

Determining who will claim the children as dependents requires some level of cooperation between co-parents. Therefore, it may be best to begin discussing this and other potential tax matters while you’re still in the process of divorce and working out agreements.

Posted in Uncategorized | No Comments »

Parents are not always nice, and some can do nasty things to their kids. Divorce can be a great chance to change things and protect your children.

If your spouse harms the kids, you need to do all you can to keep them away from them. But what about if the issue is less clear? What if you think your spouse is a bad influence rather than a physical threat?

In this case, you need to think hard about the circumstances. If your spouse has a drinking problem and smashes things, then yes, they are a danger no child should experience. Yet, if they have started drinking a bottle of wine a night and mumbling incoherently since your marriage broke down, they might not pose a threat.

People sometimes use drink to escape an unhappy situation. While alcohol is not a recommendable coping mechanism, and your kids could do without seeing their parent in that state, consider if divorce will change things. Once the divorce is over, you might find your now ex-spouse will put the bottle away and pull their life back together fast.

Is cutting your kids off from their other parent the best thing?

Courts generally prefer that children continue to see both parents. Kids usually prefer that too. To persuade a judge to break with that, you will need considerable evidence that your spouse poses a danger. If your spouse has never yet done anything, but you are just worried they might, it will be more challenging.

Making the correct custody decisions can be difficult because you are so emotionally involved in the situation. Getting outside help makes it easier to do what is right for your children.

Posted in Criminal Defense, Divorce, Firm News, Uncategorized | No Comments »

You have been putting off this subject for months. Couples’ counseling, heart-to-heart discussions and giving each other needed space did not seem to work for you and your spouse. You tried to salvage your marriage, but divorce seems the likely direction.

Since this is uncharted territory, you wonder what you need to do to begin divorce proceedings. Planning and organizing are essential when preparing for a divorce. Gathering important documents and records connected with your marriage, children and spouse represents a necessary start.

Financial, tax and child records

Here are some of the tasks to accomplish in preparing for divorce:

• Assemble financial and tax records: Obtain all tax returns during your marriage. In most cases, the two of you filed jointly. Also, obtain copies of banking and savings accounts, credit card statements, money market accounts, mutual fund accounts, mortgage statements and retirement and pension investments. Doing so will provide a clearer picture of the division of assets.
• Gather vital child-related documents: This is the time to collect medical records including those on immunization and treatments. Also, assemble school records including those on school-related costs. These are needed for child support calculations and play pivotal roles when it comes to creating parenting plans.
• Obtain spouse-related documents: Your spouse may be a business owner, so obtain all his or her business records. If your spouse had scrapes with the law, make sure to obtain police and criminal records, too. Such documents provide some direction related to business valuation, property division, alimony and child custody.
• Seek advice from a divorce attorney: Once you have gathered the critical documents, contact an experienced and empathetic family law attorney. A legal advocate can provide insight, direction and a step-by-step strategy to help you.

Each of these steps is crucial when planning on going through the divorce process.

Maintain a level-headed approach

Your marriage is ending. Now is the time for a level-headed approach in planning for the divorce. You must understand that the main priorities are protecting yourself and your children. By organizing specific documents, remaining as calm as possible and finding the right legal advocate, you will gain some peace of mind.

Posted in Uncategorized | No Comments »