Divorce. What exactly is it? We know that it is the formal separation of a married couple. But what else?
Divorce can be simply (or as simple as it can get) that: the formal separation of a married couple. Divorce can also be many more things as well.
Divorce can be the division of marital assets. This can include the home, cars, personal property, 401(k)s, stocks, retirement income, the pets, etc. Any property owned by both of the parties during the marriage (even if it was acquired before the marriage in some cases) can be distributed through the divorce.
Divorce can be planning for the future: calculating child support and spousal support, separating future retirement income that has not yet been distributed, etc.
Divorce can be determining custody and visitation of the children. Who makes the decisions? Who do the children live with? When do the children see the other parent? What are the expectations of each parent? All of these questions can be answered through the divorce.
Finally, divorce does not have to be limited to the legal realm. For you, divorce may include, counseling or financial planning. It may include searching for a new home or selling your old home. Your divorce attorney should be able to, at the very least, point you in the right direction for accomplishing all of your goals in a divorce, not simply the legal separation and ending of the marriage.
If you are going through a divorce or contemplating a divorce and would like a consultation, we can be reached at (804) 447-0146 or clbaudean@baudeanlaw.com.
Showing posts with label visitation. Show all posts
Showing posts with label visitation. Show all posts
Monday, April 21, 2014
Tuesday, March 4, 2014
How can you enforce a Property Settlement Agreement, Final Decree of Divorce or custody arrangment?
A property settlement agreement or a final decree of divorce setting out each party's future obligations (dividing assets, paying spousal or child support, custody and visitation, etc.) are great...until someone doesn't do what they are supposed to. So what do you do when your ex-spouse is not paying you support or won't sign the title to transfer ownership of a home or vehicle?
The most common avenue for enforcing these arrangements is through a "Show Cause". A Show Cause is filed by the party who feels the other party is not abiding by the terms of the court order. It requires the offending party to appear in court and show cause, or some reason, why they are not abiding by the court order.
You will be obligated to prove that the offending party is not actually abiding by the court order. There are different ways to go about proving a violation of the court order, but all evidence is subject to the state's evidence rules. There are also some reasons for violating an order that a court will excuse the offending party from punishment (i.e., I was in the hospital and unable to write the check until I got out so the payment came a few days late). Those legitimate reasons vary depending on the court, the judge, the circumstances, etc.
Because of the complex and subjective nature of these proceedings, you should seriously consider retaining an attorney to represent you in the proceedings. The consequences of a show cause could include a fine, jailtime, payment of the other party's attorneys fees, etc.
If you would like more information or a consultation on a show cause proceeding, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
The most common avenue for enforcing these arrangements is through a "Show Cause". A Show Cause is filed by the party who feels the other party is not abiding by the terms of the court order. It requires the offending party to appear in court and show cause, or some reason, why they are not abiding by the court order.
You will be obligated to prove that the offending party is not actually abiding by the court order. There are different ways to go about proving a violation of the court order, but all evidence is subject to the state's evidence rules. There are also some reasons for violating an order that a court will excuse the offending party from punishment (i.e., I was in the hospital and unable to write the check until I got out so the payment came a few days late). Those legitimate reasons vary depending on the court, the judge, the circumstances, etc.
Because of the complex and subjective nature of these proceedings, you should seriously consider retaining an attorney to represent you in the proceedings. The consequences of a show cause could include a fine, jailtime, payment of the other party's attorneys fees, etc.
If you would like more information or a consultation on a show cause proceeding, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Monday, February 24, 2014
In some cases, you can change your current custody and visitation arrangement
Whether your current custody and visitation arrangement is by court order or by agreement or both, if you are unhappy with the current arrangement, you may be able to change it through a Motion to Amend.
There are two distinct parts of a Motion to Amend. First, you have to show the court, through evidence, that there has been a change in circumstances since the last court order or agreement. This can be a variety of things: deteriorated health of one party, moving a significant distance, the child's age and schooling requirements, etc. This is very fact based and the more change you can show a judge, the more likely the judge will find that there has been a material change in circumstances.
Assuming the court finds a material change in circumstances, the court then must determine a new custody/visitation arrangement that is in the best interests of the child(ren). For a refresher on what "best interests of the child" means, take a look at our previous post on custody here.
Because these cases are extremely fact based, it would be wise to retain an attorney who is familiar with the rules of evidence to represent you and present the strongest case possible. If you would like more information or a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com
There are two distinct parts of a Motion to Amend. First, you have to show the court, through evidence, that there has been a change in circumstances since the last court order or agreement. This can be a variety of things: deteriorated health of one party, moving a significant distance, the child's age and schooling requirements, etc. This is very fact based and the more change you can show a judge, the more likely the judge will find that there has been a material change in circumstances.
Assuming the court finds a material change in circumstances, the court then must determine a new custody/visitation arrangement that is in the best interests of the child(ren). For a refresher on what "best interests of the child" means, take a look at our previous post on custody here.
Because these cases are extremely fact based, it would be wise to retain an attorney who is familiar with the rules of evidence to represent you and present the strongest case possible. If you would like more information or a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com
Wednesday, February 19, 2014
Why you may want to consider a divorce or custody settlement
Divorce and custody cases can be very emotionally, mentally and physically draining period of time. Because of all of the emotions surrounding the division of your marriage or the amount of time you will have with your children, your first instinct is probably to fight hard and "win".
It may be beneficial to take a step back and lose the words "win", "battle", "fight" and think more in terms of solutions. How can you get through this time and come out with a more peaceful solution for everyone involved. And by everyone, I mean, specifically, your children. While you are caught up in beating your ex-spouse, you may be losing sight of what's really important: the children you are "fighting" over.
Think about how you and your ex-spouse could work together to come up with an amicable, peaceful resolution. It will likely benefit your children to see that their parents can still work together. Your children may not feel the need to "take sides" if they don't see the constant fighting over them. You and your ex-spouse are probably less likely to continue "fighting" over the children in the years to come if you came to an agreement together. You will lose a fair amount of the stress that comes along with allowing a third party stranger (i.e. a judge) decide how much time the children should spend with you and your ex-spouse.
Remember, you can be creative. This is YOUR agreement. You and your ex-spouse know your situation better than anyone. You know how the logistics of any arrangement are going to play out. You know your children better than anyone and you know what types of arrangements are going to work for them.
Everyone's case is different and because of that, it would be wise to consult with an attorney who can listen to all of the facts of your case and your circumstances and provide advice on the best way to proceed in you custody or divorce case. Settlements are not always the best for each individual case and you should certainly not settle a case if you do not believe it is your best interest or your children's best interests.
If you would like more information or a consultation on a divorce of custody case, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
It may be beneficial to take a step back and lose the words "win", "battle", "fight" and think more in terms of solutions. How can you get through this time and come out with a more peaceful solution for everyone involved. And by everyone, I mean, specifically, your children. While you are caught up in beating your ex-spouse, you may be losing sight of what's really important: the children you are "fighting" over.
Think about how you and your ex-spouse could work together to come up with an amicable, peaceful resolution. It will likely benefit your children to see that their parents can still work together. Your children may not feel the need to "take sides" if they don't see the constant fighting over them. You and your ex-spouse are probably less likely to continue "fighting" over the children in the years to come if you came to an agreement together. You will lose a fair amount of the stress that comes along with allowing a third party stranger (i.e. a judge) decide how much time the children should spend with you and your ex-spouse.
Remember, you can be creative. This is YOUR agreement. You and your ex-spouse know your situation better than anyone. You know how the logistics of any arrangement are going to play out. You know your children better than anyone and you know what types of arrangements are going to work for them.
Everyone's case is different and because of that, it would be wise to consult with an attorney who can listen to all of the facts of your case and your circumstances and provide advice on the best way to proceed in you custody or divorce case. Settlements are not always the best for each individual case and you should certainly not settle a case if you do not believe it is your best interest or your children's best interests.
If you would like more information or a consultation on a divorce of custody case, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Monday, February 10, 2014
Custody: Do you understand the role of the guardian ad litem (GAL)?
Custody cases can be complex, emotional and just plain difficult for a lot of people. Aside from the emotions and practical challenges of dealing with a court case, you have to figure out who is who and what their role is.
Guardians ad litem are appointed in a lot of custody cases, especially those where the mom and dad are unrepresented and do not have an attorney. If you have an attorney, your attorney should explain the role of the guardian ad litem. If you do not have an attorney, the guardian ad litem should explain his/her role. However, things that should be done are not always done and sometimes there is just a disconnect between one person's explanation and the other person's understanding.
Here's a brief overview of the role of the guardian ad litem, or GAL, in custody cases.
The GAL represents the child in the case. This is a very similar relationship that you, as an adult, would have with an attorney. The GAL's role, however, is slightly different, in that sense. When you are represented by an attorney, with some limitations, that attorney MUST do what you want him to do. He MUST advocate for what you want. A GAL, on the other hand, does an independent analysis of what is in the best interests of the child. The GAL MUST advocate for the best interests of the child, even if the child says he wants something different. Similarly, when you are represented by an attorney, again with few limitations, any communication between you and that attorney MUST remain confidential. A GAL, however, may disclose those confidential communications if he finds it is in the best interests of the child. For example, if the child says, "don't tell anyone but my mom/dad/brother hurts me", it is likely in the best interests of the child that the GAL alert appropriate parties and obtain help for the child.
Another aspect of the GAL's role is to provide a recommendation to the judge on how he/she should rule. This recommendation is formed after a thorough independent investigation and review of the case. A judge can only consider the evidence before the court (which does not include things such as hearsay). The GAL, however, may consider all information obtained in his/her investigation. The Court is not required to follow the GAL's recommendation, but many times the Court puts significant weight on the GAL's recommendation.
Finally, it is the role of the GAL to explain the court proceedings to the child. The GAL should talk with the child before court and explain the roles of each party, what the court proceedings will be like, etc. This explanation will vary greatly depending on the age, maturity and education level of the child. An important duty involved in this role is to talk with the child after the conclusion of the case and explain to the child what the outcome of the case is: is he now going to be living with mom, will he see dad every weekend instead of every other weekend, etc.
This is a brief overview of the role of the GAL. The specifics of how a GAL carries out his responsibilities and duties depends, in large part, on the specific circumstances of the case. If you are involved in a custody case and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Guardians ad litem are appointed in a lot of custody cases, especially those where the mom and dad are unrepresented and do not have an attorney. If you have an attorney, your attorney should explain the role of the guardian ad litem. If you do not have an attorney, the guardian ad litem should explain his/her role. However, things that should be done are not always done and sometimes there is just a disconnect between one person's explanation and the other person's understanding.
Here's a brief overview of the role of the guardian ad litem, or GAL, in custody cases.
The GAL represents the child in the case. This is a very similar relationship that you, as an adult, would have with an attorney. The GAL's role, however, is slightly different, in that sense. When you are represented by an attorney, with some limitations, that attorney MUST do what you want him to do. He MUST advocate for what you want. A GAL, on the other hand, does an independent analysis of what is in the best interests of the child. The GAL MUST advocate for the best interests of the child, even if the child says he wants something different. Similarly, when you are represented by an attorney, again with few limitations, any communication between you and that attorney MUST remain confidential. A GAL, however, may disclose those confidential communications if he finds it is in the best interests of the child. For example, if the child says, "don't tell anyone but my mom/dad/brother hurts me", it is likely in the best interests of the child that the GAL alert appropriate parties and obtain help for the child.
Another aspect of the GAL's role is to provide a recommendation to the judge on how he/she should rule. This recommendation is formed after a thorough independent investigation and review of the case. A judge can only consider the evidence before the court (which does not include things such as hearsay). The GAL, however, may consider all information obtained in his/her investigation. The Court is not required to follow the GAL's recommendation, but many times the Court puts significant weight on the GAL's recommendation.
Finally, it is the role of the GAL to explain the court proceedings to the child. The GAL should talk with the child before court and explain the roles of each party, what the court proceedings will be like, etc. This explanation will vary greatly depending on the age, maturity and education level of the child. An important duty involved in this role is to talk with the child after the conclusion of the case and explain to the child what the outcome of the case is: is he now going to be living with mom, will he see dad every weekend instead of every other weekend, etc.
This is a brief overview of the role of the GAL. The specifics of how a GAL carries out his responsibilities and duties depends, in large part, on the specific circumstances of the case. If you are involved in a custody case and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Subscribe to:
Posts (Atom)