Helping Children Get Through a Divorce Without Trauma

Uncommon Connections: Adults Adopting Adults

Posted by on Jan 19, 2017 in Uncategorized | Comments Off on Uncommon Connections: Adults Adopting Adults

Most people don’t know that it’s entirely possible for an adult to actually legally adopt another adult, and fewer still could imagine why anyone would. There are, in fact, several reasons for people to take this action, so read on to learn more about this rare, but legal, procedure. Reasons that an adult would adopt an adult. 1. Recently discovered biological offspring. If someone, now an adult, suddenly turns up on your doorstep, you may want to recognize and legalize your relationship by legally adopting them. 2. Adult step-children and foster children. Likewise, you can formalize your relationship with these adult children by legally adopting them. 3. Make it easier for someone to inherit after your death. A will provides a handy instrument to address who gets what after your death, but if a will gets contested after you have passed, a legal adoption of a adult who you want to ensure inherits property will help solidify that bequest. 4. Adult children who are incapacitated. Once your disabled child becomes an adult, whether it’s your biological child or not, you may want to ensure their continued care by legally adopting them as adults. Reasons that an adult should not adopt an adult. 1. Sexual relationship. No matter how old the “child” is, the courts view the relationship as a “parent/child” one, so two people having a sexual relationship precludes any legal adoption. 2. Fraudulent activity. If the court suspects that one party is attempting to force another to adopt them for financial gain, it will be a no-go. For example, if one adult has tricked the other into adopting them so that they might inherit after their death. It should be noted that this is another reason not to just divide your estate evenly among your offspring, but to instead name each beneficiary and specify the inheritance. What else to know. In most cases, the adult you are adopting must be younger than yourself. Both parties must consent, unless the adopted party is incapacitated. In some states, your spouse (if you are married) must also consent to the adoption. Just as with adoptions of minors, the newly adopted adult has the option of using their new “parent’s” name as their last name, or keeping their current name. Once the adoption is approved by the courts, the parties will be issued a new birth certificate. You have the option of requesting that the adoption records be sealed. With this adoption, the adopted adult is actually removing the parental status of any other previous parent or biological parent from their lives. Contact a family law attorney for more...

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Questions To Ask Before Hiring A Divorce Attorney

Posted by on May 11, 2016 in Uncategorized | Comments Off on Questions To Ask Before Hiring A Divorce Attorney

Are you thinking about filing for divorce? Has your spouse already filed for divorce and you’re at a loss as to what you should do now? Divorce can be a confusing time for anyone, whether you’re properly prepared or not. In order to make things slightly less confusing for you, you may already be considering hiring a lawyer to help you with your case. But before you simply hire the first one you can find, here are some questions you should ask to make sure that he or she will be the best one for you: Are you already working for my spouse? Chances are good that if you want a divorce attorney, so does your spouse. Legally, a lawyer can’t represent you both in court. However, an attorney can’t automatically know who your spouse is, unless you tell them. Before setting up an in-person consultation, make sure that your soon-to-be-ex spouse hasn’t already hired them. Doing this will allow you to avoid wasting both your time and the attorney’s. How familiar are you with custody cases? If you and your spouse have children, you’ll obviously need to discuss custody arrangements in court. But not every divorce attorney is familiar enough with custody cases to help you with every nuance you might encounter. Some attorneys may be most familiar with simple divorces or divorces involving large sums of money. While a lawyer isn’t able to share case details with you, he or she should be able to give you a broad idea of the types of cases that he or she has handled before and whether or not the outcome was favorable to his or her client. How can I contact you in an emergency? Divorces can make some people go crazy. Even if your divorce starts out amicably, your spouse could decide to do something strange or untoward as the divorce progresses. He or she might discover some of your belongings in the back of his or her closet, making him or her unreasonably angry for no particular reason. He or she could then wind up knocking on your door at 3am, insisting that you open up so that the two of you can talk. While a call to the police may be in order, you may also want to be able to quickly contact your divorce attorney so that they can help you sort out the situation and talk to the police for...

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3 Simple Tips For Getting Through Your Divorce Case

Posted by on Mar 1, 2016 in Uncategorized | Comments Off on 3 Simple Tips For Getting Through Your Divorce Case

Divorce cases are never as cut and dry as you might like them to be. There are a lot of specifics that come into play when going through your divorce and determining who is going to get what. To make sure you don’t end up making a mistake that could cause you more problems in your divorce case than what you need, here are three simple tips you can follow to get through your divorce case quickly and easily. Think twice before leaving the marital home. Even though you might not be getting along with your soon-to-be-ex, that doesn’t mean you should leave the home and go elsewhere. The minute you leave the home, your ex will be able to use that as leverage against you. They will claim that you didn’t want the home and they want to retain ownership of it. You are better off staying in the home until after your divorce case is over and the judge has decided who is going to get what. This also puts you around your children all the time and shows that you want to be there for them any way you can. Keep accurate records about who is taking care of the kids. In the event you have to hire someone to watch the children while you are working, you need to keep accurate records about who is watching the kids. This way you can show the court that you had someone responsible watching the children and you didn’t leave them with just anyone. Even if you are having family watch the children, you need to document that to the best of your ability. Refrain from putting the kids in the middle of it all. The last thing you want to do is to put your children in the middle of a nasty divorce battle. Regardless of how you might feel about your ex, you don’t need your children to know what is going on between the two of you. When they are around, you should treat them like they are the most important thing in the world. Pay attention to them at all times. Keep your spats with your ex out of their environment. You don’t want them to form a negative opinion of the other parent because of something you said or did.  By going through the things above, you can put an end to your divorce case in no time. Contact a family law attorney for more...

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Protect Yourself During Divorce With Indemnity Clauses

Posted by on Jan 4, 2016 in Uncategorized | Comments Off on Protect Yourself During Divorce With Indemnity Clauses

One of the challenges of divorces involves the way couples divide marital debts. If this issue is not handled properly and stated correctly in the divorce decree, it can lead to problems. This can lead to one spouse being held legally responsible for the other spouse’s debts, but this can often be prevented through the use of indemnity clauses in the divorce decree. Here are two things to understand about indemnity clauses. What Are They? Indemnity clauses, also referred to as indemnification clauses, are commonly used in divorce decrees when couples have debts in both of their names. If possible, divorce lawyers may suggest splitting up the debts and requiring each spouse to place their debts in their own names; however, this is not always possible. When this is not possible, lawyers may recommend using indemnity clauses. When a divorce decree includes an indemnity clause, it states which spouse is responsible for each debt. This clause will offer you protection against the debts your spouse is responsible for, which can help you protect your credit and your money. These clauses are necessary because creditors have the right to go after both spouses when debts are in both names, regardless of what a couple’s divorce decree states. How Can You Enforce Them? If your ex does not pay a debt he or she is supposed to pay, the indemnity clause can help you in several ways. The first way is by giving you the right to take your ex to court over the money. If you are trying to protect your credit and end up paying a debt your ex was supposed to pay, you can take him or her to court to ask for this money back. In addition, having this clause added to your divorce decree will give you the right to dispute your spouse’s debts if they appear on your credit report. Without this clause, you would not have the legal right to do this. If your ex fails to pay the bills he or she is responsible for, it can put you in a really bad financial situation. This may not be something you think of during your divorce, but your divorce lawyer may suggest it to you. If you would like to learn more about protecting your credit and your money, find a good divorce lawyer in your area to handle your divorce proceedings for...

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What Are The Different Options For A Divorce?

Posted by on Dec 24, 2015 in Uncategorized | Comments Off on What Are The Different Options For A Divorce?

If you are unhappy in your marriage, you may be contemplating divorce. Before you go to divorce court, you’re going to need to choose what kind of divorce you want. Here are your options. Separation A separation is a temporary agreement where the two spouses live apart for at least a year. This is often used as a last effort to save a marriage or as a trial for whether the spouses really want to go through with a divorce. To file for separation, you must agree on all divorce issues including property division, alimony, child custody, and child support. After the one-year separation period, you can legally file for a divorce and the judge will ratify the separation agreement as the divorce agreement. Irreconcilable Differences An irreconcilable differences divorce is also commonly known as a no-fault divorce. This is because there is no need for one spouse to prove that the other did anything wrong. To receive a no-fault divorce, both spouses must file a sworn statement with the court that the marriage is irretrievably broken and has been for some time. A no-fault divorce requires the consent of both spouses. If necessary, the judge will divide marital property as evenly as possible, award alimony if there was a large income gap between the two spouses, and decide child custody and support issues in the best interests of the children. Fault Divorces In a fault divorce, a spouse alleges wrongdoing and the consent of the other spouse is not required for a divorce if the allegations are facially supported. Grounds for a fault divorce can include adultery, abuse, neglect, or abandonment. Under modern law, a finding of fault generally does not affect property division or alimony decisions unless financial harm can be shown. Child custody decisions are only affected if the at-fault spouse’s behavior is deemed by the judge to be potentially harmful to the children. Amicable Divorces When most people think of divorce, they think of long, drawn out court battles. Some divorces certainly are dramatic, but not all have to be. In some cases, the spouses simply agree to part ways and can readily agree on a fair divorce settlement. When they do, they can draw up a full divorce agreement, submit it to the court, and have it approved almost immediately. To learn more about your available options for a divorce, contact a local family law attorney, like those at Myers Law Firm...

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Can You Obtain Legal Guardianship Of Your Former Stepchild?

Posted by on Nov 12, 2015 in Uncategorized | Comments Off on Can You Obtain Legal Guardianship Of Your Former Stepchild?

If you’re going through a messy divorce that involves your stepchildren, you may be wondering whether there’s anything you can do to maintain your parental bond with children who are no longer legally your own. This may be a particular concern if you feel your ex-spouse no longer has the best interest of his or her children in mind or is behaving in ways that could put children you love in danger. What can you do to obtain legal guardianship of your stepchildren after your divorce is finalized? Read on to learn how many states handle this issue. Do you have the legal right to obtain guardianship of stepchildren or former stepchildren? Although state laws governing custody can vary widely, all have one thing in common — the need to put the best interests of the child first and foremost. As a result, most states have some mechanism for a non-blood relative to seek joint custody or even sole guardianship of a child if this contact is deemed to be beneficial to the child. As long as you can provide enough evidence that your ex-spouse is acting in a way that is putting your former stepchild in danger and that you would provide a safe alternative placement, you should be able to gain the ability to make legal and financial decisions on your former stepchild’s behalf and determine your former stepchild’s living arrangements. What should you do to try to obtain guardianship of your former stepchild?  Your first step should be to determine whether you want to try to seek custody or guardianship of your stepchild. If you simply want to make sure you’re still able to see your former stepchild on a regular basis but trust that your ex-spouse is able to keep his or her child safe, you’ll simply want to reopen your divorce or child custody case and petition for a change of custody that will permit this visitation. Guardianship involves the transfer of legal decision making rights that will provide you with the sole legal responsibility of ensuring your former stepchild’s health and happiness. While this doesn’t confer adoptive rights — you’ll still be this child’s legal guardian rather than parent — you’ll be able to exercise much more control over your former stepchild’s daily living arrangements and physical and emotional well-being. To petition to become this child’s guardian, you’ll need to file a separate guardianship petition with your local trial court and be prepared to undergo rigorous questioning about why your former stepchild is in danger with your ex-spouse and what makes you a suitable...

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Divorcing With Children? Consider An Amicable Divorce

Posted by on Sep 11, 2015 in Uncategorized | Comments Off on Divorcing With Children? Consider An Amicable Divorce

How stressful a divorce is on the children involved depends a lot on how the divorcing spouses handle the situation. While divorce is rarely described as enjoyable, it’s certainly possible to handle it calmly and rationally. However, with the tensions involved in ending a relationship, this is easier said than done. If you’re getting divorced and you’re worried about the effect it could have on your children, then you should consider getting an amicable divorce. While they don’t work for everyone, they can be very useful in limiting the amount of tension during divorce proceedings. How An Amicable Divorce Can Help An amicable divorce will mean coming to an agreement over the terms of the divorce outside of the courtroom instead of arguing the case out in court. And your children don’t need to be present in the courtroom for the tension those arguments cause to have an effect on them. Courtroom arguments make your divorce feel more like a battle of wills than a negotiation, and it’s easy for that to leave both parents stressed and exhausted. Amicable divorce doesn’t have to mean you agree on everything right away; it means that you and your spouse will try to negotiate the terms of the divorce honestly. While it’s possible that neither spouse will get everything that they want, it is certainly less stressful to work these problems out in a meeting room than a courtroom. Once you and your spouse have agreed on the terms of your divorce, your lawyer can present the finalized divorce to the court for approval. Who Is A Good Candidate For Amicable Divorce Despite the name, you don’t need to be friendly with your spouse to consider an amicable divorce. However, you do need to be able to deal with them calmly and minimize the amount of emotion you bring to the negotiations. This can be difficult when dealing with fraught issues like child custody, but it is also good practice; after your divorce, the more calmly you can handle your ex-spouse, the better it will be for your children. Who Is A Poor Candidate For Amicable Divorce Despite its benefits, amicable divorce isn’t for everyone. There are plenty of people out there who simply can’t come to an agreement with their spouse over the terms of a divorce; if this is the case, then amicable divorce certainly won’t work. More crucially, there are some couples who shouldn’t attempt an amicable divorce at all. If there is any abuse in the relationship, an amicable divorce is not a good idea. And if one spouse is much wealthier or more powerful than the other, this can make negotiating in good faith difficult to do; it is generally better for each spouse to have their own divorce...

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Can A General Family Law Attorney Adequately Handle Military Divorces?

Posted by on Aug 7, 2015 in Uncategorized | Comments Off on Can A General Family Law Attorney Adequately Handle Military Divorces?

No couple ever plans on divorcing when they decide to marry. However, many problems can occur in a marriage that can lead to divorce. If you and your spouse have decided that divorce is your best option and one or both of you is in the military, then you obviously have special concerns. You might be wondering if a general family law attorney can adequately handle military divorces. Here are some aspects of finding the right lawyer to handle your military divorce to consider before finding an attorney: Level of experience If the family law attorney that you’re considering retaining has handled many military divorces, then it shouldn’t matter that he or she doesn’t specialize in military law. On the other hand, if the attorney that you’re considering retaining has handled very few or no military divorces at all, then you might want to think twice before allowing him or her to assist you. There are certain laws specific to military officers, including child support, alimony and child custody. The complexity of your divorce If you and your soon-to-be ex-spouse are amicable with one another and you’re able to agree on property division, finances, child custody and visitation, in addition to other important aspects, then retaining a lawyer with an extensive background in military divorces is not necessary. However, if your spouse is contesting the divorce, or the two of you are unable to come up with a mutually acceptable agreement, then a lawyer with experience handling military divorces is recommended. Having an attorney with a military and family law background can increase your chances of the proceedings going as expected. Length of your marriage If you and your spouse have been married for less than a year, then depending on which state you reside in, you might be able to simply have the marriage annulled as opposed to divorcing. An annulment would eliminate the need to divide property and finances, since it will be as if the marriage never occurred in the first place. If you have been married more than a year, then an annulment may still be possible, depending on the laws of your specific state as well as the circumstances surrounding the marriage. Some divorces have the tendency to be quite complex, and when the husband or wife is in the military, things can become even more complicated. You might feel more at ease having a lawyer with specific training and experience in military divorces. Despite this fact, many lawyers with a specialty in family law often have enough expertise to handle a military divorce in an adequate manner. This is why it is important to interview prospective choices and ask as many questions as necessary to help you choose the right law professional. Speak to an attorney, like those at Law Offices of Peter Napolitano & Wayne Hibbeler, if you have more specific questions about the intricacies of military...

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Yours, Mine, And Ours: How Property Is Distributed During Divorces

Posted by on Jul 13, 2015 in Uncategorized | Comments Off on Yours, Mine, And Ours: How Property Is Distributed During Divorces

Property division can be one of the most complicated aspects of a divorce. If you and your spouse are unable to divide up your property yourselves, the courts may need to step in. Depending on what state you live in, there are two ways that your property may be divvied up: equitable distribution, or community property principles. Equitable Distribution In the United States, most states use the equitable distribution process to divide property upon divorce. The idea behind equitable distribution is that assets should be divided up as fairly as possible during divorce proceedings. Most courts will start with the presumption that the property should be divided equally, but often one spouse will actually receive a greater proportion in the end. Courts take many things into consideration when determining how to equitably divvy out property. For example, if one spouse has a much higher income, he or she may not be entitled to as much of the property. Similarly, if one spouse has sole custody of the children, he or she may be awarded a larger proportion of the property because the financial burden is greater. Community Property In community property states, any property which is considered community property, or property owned by both spouses, is divided equally in half, with each spouse getting 50%. Community property includes income made by either spouse during the marriage, anything bought during the marriage, and any other property (such as a joint bank account) that appears to be owned by both spouses. Although community property is split usually 50/50 between spouses, each spouse does get to keep his or her separate property. Separate property includes anything owned by a spouse prior to the marriage that has not been mixed with community property, any gift given to an individual spouse, and any inheritance received by one spouse. During divorce proceedings, if you prove a particular piece of property is your own, separate property, your spouse will not be entitled to it.  Community property states include Louisiana, New Mexico, Wisconsin, Washington, California, Arizona, Idaho, Texas, and Nevada. If you live in one of these states, your divorce will be governed by community property principles. Conclusion If you are going through a divorce, check the laws and court precedent in your jurisdiction to see how your property may be divided. Feel free to consult with an attorney who will be able to help you get what is rightfully yours. For more information on family law and divorce attorneys, go to

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Thinking About Divorce? 6 Signs That You Might Be Ready To End The Relationship

Posted by on Jun 26, 2015 in Uncategorized | Comments Off on Thinking About Divorce? 6 Signs That You Might Be Ready To End The Relationship

Divorce is not an easy decision to come to but, unfortunately,  it is the outcome of some relationships. You should make sure that divorce is a necessary step for your marriage. So, you should consult with a counselor to see if you can mend your relationship. If you still feel like you want a divorce, the following are 6 signs that you might be ready for it.  Six Signs To Watch Out For 1. Lack of Intimacy A lack of sexual relations could be associated with a lack of commitment. This is especially true if the lack of intimacy is not really discussed or if there are no attempts at mending the issue. No discussions or attempts to mend your sexual issue could be a sign that it simply does not matter anymore. 2. Frequent, Unresolved Arguments Experts agree that most couples will have an argument or two. But, watch out if arguments become a normality between you and your spouse. This is especially true if the argument is not resolved or not meant to be resolved. A good partnership is one that tries to resolve a conflict. Your unwillingness to get past an argument or solve it might be a sign that you don’t mind having a rift in the relationship. 3. Distancing You might notice that you try to fill your time with other endeavors, like spending more time on your computer or participating in activities outside your home. Allowing other things to pull you away from spending time or confronting your spouse might mean that you’d rather not be with your spouse any longer. 4. Money Changes Do you want to start keeping things separate, almost reverting back to your single life? Wanting to keep separate accounts might be a sign that you no longer want to be married. 5. Fantasies Are you thinking about living with another person that is not your spouse or just living alone? These are signs that you might think that your situation is so hopeless that you had to turn to a fantasy.  6. Not Something You’d Wish For Your Loved Ones Is your marriage a type that you want for your children, other family members, or friends? You may not want to be with your spouse if you consider your marriage something to wish against. These are just some of the signs to look for; there are several others that you can get from your divorce attorney (like those at Nevada Legal Forms & Tax services) or your counselor. But, as you can see, deciding whether to seek a divorce can be clearer if you pay attention to the right...

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