Archives for May 2017

Thinking About Getting a Divorce?  10 Essential Steps for Planning Ahead

If you are considering a divorce, it never hurts to plan ahead. Read below for the 10 essential steps you won’t want to miss in preparing for divorce.

  1. Document everything you can find about money coming in or out from your spouse’s side.  If you are in the dark about your spouse’s sources of income or the amounts, start nailing that information down.  Pay attention to anything your spouse tells you about income or debt, and document that information with screen shots if possible.  Check your credit card statements.  Find out about employer benefits that your spouse may have, such as 401K or HSA accounts.  Think outside the box to assets your spouse may hold that may not be as obvious, such as a large number of frequent flyer miles or a side business with his or her family that brings in a certain income.  
  2. Get organized about money coming in or out from you own side.  You likely have a general idea about your own income and debts, but you will want to save that information in an organized manner.  Do you know where your tax information is?  Refresh your records on your savings accounts, investment accounts, etc.  
  3. Prepare your information in a place that will be easy to access after the divorce.  After you have documented information about your collective finances, you need to save it in a place that will be easily accessible, such as your workplace or in the possession of a family member.  Even where both parties are civil, keeping this information in a neutral place will avoid the potential for uncomfortable situations.
  4. Get property valued before the divorce.  Getting a valuation of property may be valuable down the road, but your ability to do or the value in this information highly depends on the types of assets involved and their value.  Some ideas to consider include:  Taking the ring into a local jewelry store for assessment.  Asking a car dealership the trade in value of your vehicles. Obtaining an appraisal of the home.
  5. Update your job resume before filing.  If your spouse provides the financial support for your family, you may want to consider getting additional job training or education before filing.  You may not end up receiving as much support from your ex-spouse as you need, so being able to step into the job market will empower you.
  6. Look at the date you are planning to file.  The timing of your divorce can be important in some cases.  Is your spouse expecting a large bonus or promotion soon?  Do you have a large financial obligation pending, such as a house under contract as buyer or seller?  Is one of your children approaching their 18th birthday?  Consider everything before deciding when to pull the plug.
  7. Plan ahead for health insurance.  If your insurance is through your spouse’s employer, you may want to see what other health insurance options will be available to you.  You may be able to find options that are less expensive or you may be able to find employment where you can get health insurance benefits on your own.
  8. Consider what you value most.  It’s a good idea to think ahead and decide what you value most and what you want to fight for, so that you can advise your attorney on what success looks like for you in the divorce.  Do you want to stay in the family home?  Do you care about the timeshare?  Think ahead logically.  One mistake often made in divorce is that the parties get caught up in the anger and spite and spend a lot of money on an issue that they don’t care about that much.  Before the fireworks start, think about what you must have and what you can give up.
  9. Don’t assume that something is your because it is in your name. You may think that because an asset is in your name that it can’t be divided up in the divorce, but that often is not the case.  When you are looking at your financial landscape, consider that assets and liabilities are likely to be taken into account regardless of the superficial designation of ownership.
  10. Seek professional advice.  Even if you haven’t decided for sure whether you want to leave the marriage, you can seek advice from an attorney on how to plan ahead financially in the event that divorce is the right decision for you.  
Filed Under: Divorce Lawyer, Legal Advice

Never Do These 5 Things after Being Charged with a DUI

If you’ve been charged with a DUI, you certainly have many worries and concerns about what you should and shouldn’t do.  This article will walk you through a list of actions you should avoid at this critical time, so that you can be in the best position to resolve your case as favorably as possible.   

    1. Don’t panic or give up.  A DUI can be one of the most stressful events in your life, so it’s understandable that you might panic or want to give up on all the good things you are doing in your life, like work or fulfilling family responsibilities.  Hire a great attorney as soon as possible and let your attorney guide you through this experience.  Ask your attorney a lot of questions, so that you understand the process. Don’t berate yourself for what can’t be changed and focus on problem solving in the future.

 

  • Don’t delay in hiring an attorney.  Don’t delay in hiring your attorney because you will have a DMV hearing typically prior to the resolution of your DUI case in court. After an arrest for DUI, the officer is required by law to immediately forward a copy of the notice of suspension or revocation form and any driver license taken into possession to the DMV.  The DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results.  You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order, and your attorney can assist you in the DMV hearing.
  • Don’t drive on a suspended or revoked license, don’t get another DUI, and don’t commit any other crimes.  Although it seems fairly obvious that you shouldn’t drive on a suspended or revoked license or commit any other crimes, it is somewhat common for defendants to slip up in this area.  This is a risk you do not want to take.  The penalties are enhanced for subsequent DUI offenses.  Plan ahead.  Look at public transportation or find someone to drive you to work so that you don’t get in a situation where you feel forced to drive on a suspended or revoked license.  If you are attending an event or party, make sure that your keys are safely out of your reach and that you are prepared to take a cab or Uber.  Discuss with your attorney and your family the strategies you will employ to avoid getting in trouble.
  • Don’t post publicly on Facebook or Social Media.  Consider changing your public social media accounts to private.  Do you have pictures of yourself with a drink in hand on the night you were arrested for the DUI?  You can’t destroy or delete evidence, but you are not under obligation to keep your social media account public.  Also, refrain from posting any new information about the DUI. Consult with your attorney about information on your social media accounts, as he or she will be in the best position to advise you how pictures or posts may impact your case.
  • Don’t forget to write down what happened right away.  Your memory is best when it’s fresh, so take the time right after your DUI to sit down and write everything you can remember:
  • When, where, and how were you stopped?
  • What did the officer say when he stopped you?  
  • What did you tell the officer?
  • What type of tests did you do?
  • How did you perform on those tests?
  • Was a breath test administered?  Where, when and how?
  • Was there anything that impacted the tests?  busy traffic, health impediments, etc.

 

In sum:  The most important step you need to take right now is to relax and look to building your case by finding a good attorney as soon as possible, avoiding escalating your problems with other offenses, being aware of your public posts, and recording your recollections as soon as possible to assist your attorney in providing an excellent defense for you.

 

Filed Under: DUI

How to Take Charge of Your Custody Battle Without Losing Your Mind

If you are like most parents, your kids are the most important people in your life.  They are adorable and irreplaceable, and you would do anything for them.  If you are going to battle with an itinerant ex-spouse to determine the fate of your precious ones, then you need every arrow in your quiver possible.  This guide will help you understand the what you need to do to be successful in a custody battle.

  1. Understand the rules of the game.  Courts have broad discretion to protect the best interest of the children, which includes each child’s health, safety, education and general welfare.  Courts can take into account any number of factors such as the following:

 

  • evidence of abuse or neglect,
  • the age of the child
  • sibling relationships
  • degree of attachment between parent and child

 

Courts cannot take into account the gender or race of the parent.  One parent’s financial ability can’t be the sole factor in a custody decision. 

 

  • Be your best self.  During a custody battle, you actions and the words that come out of your mouth will be under a microscope.  Be careful of the way you behave with the ex-spouse and also with the children.  It goes without saying that any type of threatening or violent behavior should not occur, but also you should proactively behave as if the judge were observing you at all times.  Speak courteously to the ex.  Try not to take unreasonable positions. When you are with your child, give them your quality time.  If there are ways you can make yourself a better parent through overcoming addictions or seeking more education, look to improving yourself as a parent.  Taking the high road is not only the right thing to do, but it will give you an edge in getting the custody you seek.

 

  • Pinpoint Areas of disagreement with the ex-spouse.  In any legal case, you need to put yourself in the shoes of the opposing party.  Don’t just get frustrated with what they do, but look deeper to try to understand why.  If you can get to the why, then you will be one step closer to finding a resolution that will be acceptable to both parties.  If the issue is unresolvable, then by understanding your ex, you will be better able to fight them in court.  For example, if your ex-spouse wants a different schedule, look at why he or she is taking that position?  Is there a work schedule reason?  Is there a grandparent or otherwise, whose schedule is playing into your spouse’s mindset?  If you can get beneath the surface to understand your opponent’s arguments, then you have a better chance of a successful outcome.

 

  • Gather evidence and document everything.  Your word that the other person is a bad parent is not as convincing as solid evidence.  If a child care worker, neighbor, teacher has observed your ex-spouse abusing or mistreating the child, then have them document that observation.  Consult with your attorney on the best way to preserve this evidence, but don’t pass up the opportunity to memorialize important evidence. If your spouse has sent you malicious emails, organize those in a file for your attorney.  If your spouse has posted damaging comments on social media, screen shot that information and share it with your attorney.  It takes extra work to be organized and document everything, but in many cases that time in preparation pays off.

 

  • Consult with professionals.  If you feel your children are suffering from the custody battle, don’t hesitate to get them counseling.  If you need someone to talk to, turn to a trusted friend, look into community resources for counseling, or find a professional counselor who can help you.  It’s not uncommon to have a high stress level during a custody battle, and you can seek help.  Hire an attorney that you trust and who will be zealous in advocating your interests.

 

 

Filed Under: Divorce Lawyer, Family Law