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Divorce Archives

Restraining orders and divorce

Divorce can occur many ways, but sometimes a spouse realizes that they must leave a relationship because it is not a safe place to stay. If you believe that your spouse is dangerous, especially if they have acted violently toward you in the past, you may consider a restraining order. A restraining order does not always solve every domestic violence issue, but it can go a long way toward helping you avoid dangerous situations.

Shared credit can make a mess post-divorce

When it comes time to split up marital property in a divorce, the reality of the matter is often far more complex than people realize. One of the most common pitfalls for divorcing couples is what to do with debt that they jointly accrued. Many couples forget that liabilities are also a part of marital property and must be divided up just like assets.

Legal separations offer a divorce alternative

In some cases, a married couple experiencing relationship trouble may not be ready to pull the trigger on a complete divorce, but one or both spouses may feel that something needs to change and the strength of the court is necessary to help that change. While it is far less common than traditional divorce, couples can also petition the court for a legal separation.

Should I try to keep the house in my divorce?

Divorce can make it very difficult to see the forest for the trees, both emotionally and practically. Often, emotional attachments to certain pieces of property can compromise a person's ability to make wise decisions based on all the available information. This is often exceptionally true when it comes to keeping or selling a family home.

Why would I use a postnuptial agreement?

Postnuptial agreements have gained popularity in recent years, as their cousin, the prenuptial agreement, has come back into public favor. But what exactly is a postnuptial agreement, and how can it help you? Postnuptial agreements do not have all the strength of a prenuptial agreement, but can still lay out ground rules for how property is divided, which can greatly alleviate tension in a marriage.

Why would I insure my child support payments?

As a parent, it can be difficult to know how to responsibly care for your children during and after a divorce. The process can be draining on your time, resources and mental bandwidth, making it very difficult to remain on top of every aspect of the process. One key piece of preparation when it comes to making sure that your family has what they need even if your circumstances change is to insure your child support payments.

Who should get the house in a divorce?

When working through a divorce settlement, there are several common points of major contention that can keep two divorcing spouses from reaching a fair resolution in a reasonable amount of time. One of the biggest is the matter of who gets to keep the house. Legally speaking, several factors go into determining which spouse should or can keep a house that the couple purchased.

The legal battle for your rights as a father

As the biological father of a child, you may believe that you have a rightful claim to custody, visitation and the ability to play an active role in the life of your child. However, if your child was born out of wedlock, you may not have these rights until you take the appropriate course of action to establish custody.

How can I protect my business in a divorce?

If you are a business owner facing a divorce, you are most certainly coming to terms with the fact that your business could end up chopped up and divided like any of your other assets at the negotiation table. For many businesses, this is a fatal blow. Like many business owners, you may be searching for a way to ensure that your business can survive your divorce and remain intact. Well, there's good news and bad news. The good is that it is possible for your business to weather the storm of your divorce and make it to the other side in one piece. The bad news is that it will likely require some significant sacrifices on your part.

What are the benefits of uncontested divorce?

If you and your spouse both want a divorce and can quickly and simply come to a fair agreement about your divorce settlement, you may be good candidates for an uncontested divorce. Unlike a contested divorce, the process is generally more efficient, less costly and can go from the initial phases to a final divorce decree in far less time.