Archives for August 2018

Your attorney can help you with a plan for dividing property and debt, but here are three important steps to help you on the path to a successful division of assets and debts:

1. Write down all property and all debts.

Making a list is the first step of dividing everything fairly. Here’s a list to get you started thinking through your own finances:

• Real property – your home, land, investment properties
• Other property – Furniture, jewelry, cash, technology, automobiles, recreational vehicles
• Wage earnings
• Investments – stocks in an individual account, Roth IRA, 401K
• Health Saving Accounts
• Pensions
• Mortgage
• Student Loans
• Credit Card Debt
• Automobile Loan
• Loans from family members

2. Label each as community property or separate property

• Community property – assets, income, or debts earned or acquired during the marriage.
• Separate property – property owned before the marriage, property inherited or gifted to one part during the marriage, money from the rent or sale of a separate property, money earned while legally or physically separated from the spouse, and items given from one spouse to the other with the intention of designating it as separate property.
• Common question: What do we do with an asset that can’t be divided physically? For example, do we have to sell the house in order to divide the money?  The answer is that each spouse has to get assets equivalent in value, so in lieu of selling the house, one spouse may keep the house and the other would get the value of half of that asset.

3. Place a value on each asset and debt.

In preparing for a divorce, it may be helpful to see if you and your spouse have the same estimation of the value of assets and debts or if there is a large disparity. For your list, make an estimate of the value of each item.

• Be aware that some items may have more value than you realize. For example, a pension plan can be very valuable and special rules apply to pension plans. In this situation, consulting with an attorney on the value and division of the pension plan can be important.

After you’ve been arrested for DUI, you may think that you don’t have any credibility and that defenses are unlikely to succeed.  You shouldn’t give up without consulting with an attorney. There are ways to show that the officer’s testimony is not accurate, or that the tests don’t show what they are meant to show, or that the evidence is not beyond reasonable doubt. The opportunities for defense are endless, but this article will walk you through a few of the many to get you prepared to discuss possibilities for your case with your attorney.

1. Attack the Assumptions Based on Appearance. The officer may point to your red eyes, flushed face, or the odor of alcohol on you. Are there reasonable explanations for these symptoms that would cast doubt on the officer’s conclusions? Do you have allergies that would cause red eyes.  Had you been in a situation such as a hot car or warm social gathering that could account for your flushed face? Did you mention to the officer that you had a problem that could have accounted for any of the physical symptoms?

2. Bad Driving Doesn’t Equal DUI. An officer will be quick to point out a driving pattern. Perhaps you were weaving in your lane. Perhaps you were speeding or even driving too slowly. You attorney can show that a bad driving pattern doesn’t equal DUI by questioning the officer about his conclusions.  Do people who are not under the influence speed or weave? Try to get the officer to admit that driving pattern is not conclusive evidence of DUI.

3. Undermine the Field Sobriety Tests. The assumption that the field sobriety tests accurately measure impairment is based on 1) the officer administering the tests correctly, 2) proper testing conditions, and 3) the absence of innocent conditions that could impact the result. These assumptions provide extensive opportunities to dig in and undermine the tests. 

4. The BAC. The measurement of results on the breath test can seem insurmountable, but even these too can be disputed.  Did you have anything in your mouth at the time of testing that might have impacted the results? Was the equipment functioning? Was the test given close in time to when you were driving? Did the officer observe you for the required amount of time before administering the test?  There are so many avenues here to break down the results of the BAC.

5. Medical Conditions. Do you have a medication condition that may have impacted your case at any step of the way?  Could it have impacted your results on physical tests or on the breath or blood test?  Medical conditions are highly specific and personal, but they can be a powerful tool for showing that your performance on any of the testing did not lead to an accurate result.

This is just a taste of the multitude of defenses that you have at your fingertips for a DUI case. Consult an experienced attorney with a criminal background to find out how you can win a DUI case.

                  Some say that each day of our lives we make deposits in the memory banks of our children, so this article will discuss steps you can follow every day to help your children cope with legal separation during a divorce.

1. Understand the Parenting Plan and Follow It. A parenting plan is a custody and visitation agreement that sets out when the child will be together with the parent and how decisions for the children are made. It can be developed by parents independently, agreed to during mediation, established with the help of lawyers, or decided upon by a judge after a trial or hearing.  The first step in supporting your children is to know and follow the parenting plan.  Your adherence to this agreement will typically help the children plan and adjust because following the plan will establish consistency during this time of change.

2. Prepare for Your Child’s Stages of Grief and Be Patient. Children will respond to the divorce with different emotions, so one plan doesn’t fit all.  However, it is common for children to follow the model of grief that includes denial, anger, bargaining, depression and finally acceptance. It can be a challenge for a parent who is experiencing his or her own stages of grief to be a support to children who may be acting out or withdrawing into seclusion, but  exercising patience and understanding with your children can help them adjust more quickly.

3. Don’t Forget to Plan for Your Child’s Future When Negotiating the Financial Side. Parents often focus on custody and can forget the financial side of properly preparing their children for divorce. When looking at the assets, consider your child’s financial future.  Did you plan to pay for a vehicle for a teenage child? Were you going to help your children with educational expenses?  What types of financial circumstances are your children accustomed to – such as allowances, or money for certain lessons or hobbies or sports.  You will help your child cope with a divorce if you don’t forget to be an advocate for their financial needs.

4. Discipline and Conflict Resolution. It’s never too early to plan ahead for arguments and discipline with your child. If the children are small, try to handle rules and habits in similar ways.  For small children, it can be helpful keep similar bedtimes and habits.  For older children, it may be beneficial to have matching curfews or household responsibilities. Even if you don’t feel it is in your child’s best interest to match the strategies for discipline and conflict resolution utilized by the other parent, it may be helpful for you to at least understand what the rules and expectations are at the other household.

5. In many cases, the communication between the parents is the key to helping the child cope because the child does not benefit from being caught in the crossfire of parent power struggles or misunderstandings. Be clear about travel, special occasions, and requests for changes in schedule. Establish a businesslike method of communication that is not emotional or destructive. Good communication often leads to a peaceful and predictable environment that is beneficial for most children.