Recent Blog Posts
What You Should Know About Divorce With a Prenuptial Agreement
Having a prenuptial agreement in place can make divorce significantly easier for many spouses. A strong prenuptial agreement can create a faster, simpler path to a finalized divorce for many couples. However, for others considering divorce, their prenuptial agreement is a source of great stress. Some people may even fear that they will be unable to support themselves after getting divorced because the prenuptial agreement is heavily in their spouse’s favor.
The good news is that not every prenuptial agreement will be enforceable exactly as written. There are limits as to what a prenuptial agreement can or cannot do. If worries about your prenuptial agreement are keeping you from filing for divorce, it may be wise to consult a qualified attorney. A lawyer can evaluate your agreement and offer you a better idea of how it may affect your divorce proceedings.
What Should I Do If My Ex Falsely Accuses Me of Child Abuse?
In a perfect world, divorce proceedings and child custody arrangements would be smooth-sailing. Unfortunately, this is not always the case. Sometimes, one party will even falsely accuse the other party of child abuse to gain some type of advantage in the divorce.
If you are wrongfully accused of child abuse by your ex, take comfort in the fact that you are not alone. According to some studies, approximately 6% to 35% of child abuse claims are unfounded.
Should you find yourself falsely accused of child abuse, there are a few things you should know about responding to inaccurate child abuse claims. We will share with you 5 ways to respond to a false accusation of child abuse, followed by advice on what not to do as well.
5 Ways to Respond to a False Accusation of Child Abuse
If you are unsure about what steps to take after being falsely accused of child abuse, this is a great place to start.
5 Tips for Fathers in a High-Conflict Divorce
When your spouse walked down the aisle at your wedding, you probably assumed that you would live happily ever after. Unfortunately, about 40 – 50 percent of marriages end. Getting divorced is never easy – especially if you have children. However, some divorce cases are more contentious than others. Consider the following tips for dealing with a high-conflict divorce as a father.
Consider Alternative Divorce Resolution Methods
In the divorce process, you and your spouse will need to decide on important issues such as child custody and asset division. In a high conflict divorce, however, reaching an agreement on these issues can seem impossible. In many cases, alternative dispute resolution methods like mediation and collaborative divorce may be helpful.
Organize Your Finances Now
A large portion of the decisions made during the divorce process are financial in nature. It is impossible to make informed financial decisions if you do not have a complete and accurate understanding of your financial situation. Now is the time to gather financial documents such as tax returns, credit card statements, pay stubs, and business financial records. Make copies of these documents and bring them with you to your consultation with your attorney.
How Dads Can Practice Self-Care During a High-Conflict Divorce
The term “self-care” refers to taking care of your physical, mental, and emotional wellbeing. The importance of self-care during a divorce – especially a high-conflict divorce- can hardly be overstated. Although articles suggesting good self-care practices are often geared toward women, men are just as in need of self-care as anyone else. If you are a dad going through a contentious divorce, you know just how stressful and frustrating it can be. Consider the following tips for prioritizing your mental wellbeing during this challenging period of your life.
Give Yourself Some Slack
If you are like most fathers, your “to-do” list never ends. You probably juggle homework, sports or extracurricular events, vehicle maintenance, household chores, and much more on a daily basis. During a stressful divorce, it is important to give yourself some slack. Perhaps you want to renovate the bathroom or fix a noisy garage door but you simply cannot find the time. A high-conflict divorce takes a ton of time and emotional energy. You may need to put off some projects until after the split – and that is perfectly okay.
How Could a DUI Charge Affect My Child Custody Agreement?
Most people understand the dangers of driving while under the influence of alcohol or drugs. For multiple decades, public safety campaigns have informed people about how the use of these substances can affect a person’s ability to drive safely. Drivers know that violating the law by driving while intoxicated can lead to multiple types of consequences, ranging from fines or the loss of a driver’s license to time in prison. However, people can make mistakes, and a lapse in judgment could lead to an arrest on suspicion of drunk driving and criminal charges for driving under the influence (DUI).
While a DUI charge will have criminal consequences, it can affect someone’s personal life as well. If you are a father who has been arrested for DUI, you will want to understand how this will affect your custody of your children and your ability to spend visitation time with them. Fortunately, with the help of a DUI defense attorney, you can determine how to handle your criminal case, and you can also learn about the steps you can take to minimize the impact on your relationship with your children.
My Ex Will Not Let Me See My Child. What Are My Rights?
Multiple studies have confirmed the profound benefits associated with fathers being involved in their children’s lives. Children who spend time with their fathers are more likely to perform well in school, attend college, and find stable employment. They are less likely to experience teen pregnancy or incarceration. There are also countless benefits gained by fathers who enjoy a close relationship with their children. If you are a father and your child’s other parent is not letting you see your kids, it is important to understand your rights and legal options. You may need to take steps to establish or enforce a child custody order to assert your rights.
Child Custody Orders Through the Court
When an unmarried couple has children or parents get divorced, many fathers assume that they can skip establishing a formal child custody agreement. They assume that the child’s mother will abide by whatever custody agreement the parents determine at the time of the breakup. Unfortunately, relying on casual child custody or visitation arrangements can backfire dramatically. Courts cannot enforce a child custody agreement unless it was established through the court. Consequently, fathers should always make sure that they have a court-ordered child custody or parenting time agreement in place.
What Should I Do If I Want a Divorce and My Wife Has an Addiction?
Whether an addiction involves illicit substances, prescription medication, gambling, or even compulsive shopping, the addiction impacts the entire family. If you are a father and your wife is currently struggling with substance abuse or other addictive behaviors, you know firsthand just how impossible the situation can feel. On the one hand, you want to ensure that your children grow up in a safe, healthy home. On the other hand, you feel like divorcing your wife will leave her feeling abandoned or even lead to further destructive behavior.
Only you can know for sure if divorce is right for you and your children. If you are ready to get divorced, keep the following factors in mind.
The Children’s Safety Has to Come First
For many families struggling with addiction, the addiction is often the “elephant in the room.” Everyone pretends as if the addicted person’s behavior is normal. Unfortunately, ignoring the problem will not make it go away. When children are involved, downplaying the negative consequences of the addiction may even be deadly. If your child’s mother has an alcohol or drug addiction and you have reason to believe that she is not capable of keeping your children safe, do not leave your children with alone with her. As much as it may break your heart, your children’s safety has to be the priority. This may mean that you will need to petition the court for sole custody of the children both during and after the divorce.
Can Dads Receive Sole Custody of Their Kids?
If you are a father who is going through a divorce, or if you are unmarried and separated from your children’s other parent, issues related to the custody of your children are likely to be at the top of your mind. In our modern culture, dads are more and more likely to be closely involved in raising their kids, and in some cases, fathers may even act as stay-at-home parents or be the one who is most involved in caring for their children and meeting their needs. If this is true in your situation, or if you believe that restrictions should apply to child custody to protect your children, you may be wondering whether it will be possible for you to be granted sole custody of your kids.
When Is Sole Custody Appropriate?
While the specific laws that apply to child custody vary from state to state, most of the time, courts prefer for both parents to be closely involved in raising their children. Because of this, parents will usually share joint custody. In cases involving joint legal custody, parents will share the responsibility of making decisions about how the children will be raised. In cases involving joint physical custody, children will spend parenting time with each parent.
What Happens if My Ex and I Disagree About Vaccinating Our Children?
As divorced parents, you and your ex may not see eye to eye on a variety of issues, including those related to your children’s health and the medical care they receive. Vaccinations are one issue that can sometimes cause disputes. While the ongoing rollout of COVID-19 vaccines is currently the most prominent example, parents may also need to address the standard immunizations that children receive. If you and your ex disagree about whether your children should be vaccinated, you will want to understand your rights and the steps that you may need to take to resolve this issue.
Parental Responsibility for Health Care Decisions
Most of the time, divorced parents will share legal custody of their children. This means they will both have the right and responsibility to make decisions related to issues such as the education and medical care the children will receive. However, in some cases, one parent may have sole or primary responsibility when it comes to decisions about the children’s medical needs. In these situations, that parent will usually have the final say about whether children will be vaccinated, although the other parent may take legal action to address this issue if they believe their children’s health and well-being are at risk.
Should My Parenting Agreement Include a Right of First Refusal?
If you’re a dad who is going through a divorce, you’re likely to be worried about spending less time with your kids. Unfortunately, this is an issue that is going to be unavoidable, since the time that your children spend with one parent is time that they won’t be with the other parent. You’ll need to adjust to not being with your kids every day, but you’ll also want to make sure you can spend time with them at every available opportunity. One way you can do so is by making sure your parenting agreement includes a “right of first refusal” clause.
What Is the Right of First Refusal?
Your parenting agreement will include detailed information about when your children will spend parenting time with you and your ex-spouse. A daily schedule will specify the days and times when your kids will be with each parent, and your agreement will also cover holidays, school vacations, and any other days where you will deviate from the normal schedule. However, there may be some days when either you or your ex will not be able to have parenting time with your kids as scheduled. These situations may be addressed by including a “right of first refusal” in your agreement.
