Putting Children First in a Divorce

Hi all, happy Thursday! Hard to believe March is right around the corner and soon it will be spring! Today I want to talk more in the area of family law. Divorce and separation can be incredibly stressful and emotional times, but people often forget that this stressful time has impacts on their children too. Today I want to share tips and ways to put your children first during a divorce, so that this emotional time is as smooth as possible for them.

1.) Don’t Talk Disrespectfully About Your Spouse in Front of Your Children. Divorce can be very messy. Sometimes the spouses no longer want to be in the same room as one another. But, even if this is the case, your children still have TWO parents who they love and care about very deeply. It is unfair to make them pick sides or talk badly about your spouse in front of them. It will only make a confusing situation worse and the child feel like they are in the middle, or worse, responsible for what is going on.

2.) Consider Collaborative Divorce or Mediation. As I have discussed in previous blogs, mediation, and collaborative divorce offer an out-of-the-courtroom option. If you and your spouse are agreeable to this method, it can help save time and money and be a less contentious situation for your children. It can also facilitate a discussion about what is best for the children and how to meet their needs during this time.

3.) Plan for the Children’s Future. Parenting plans, allocation of education money, and involvement in the children’s lives are all things both spouses can and should consider. Even though their lives will feel far from normal after a divorce, it is important to try and keep some of those things in place so that their world does not feel as if it has been turned upside-down and they know they can rely on the love and support from BOTH of their parents.

4.) Be Honest with Them. It is important for children to understand what is going on and the changes that are about to occur in their lives. Let them ask questions, express their sadness, anger, etc. and let them know that none of this is their fault and they are still just as important and loved by you and your spouse. Being honest before, during, and after a divorce process will help the children cope and adjust to these life changes.

5.) Don’t Treat your Children like Friends. Just because you have been open and honest with your children about the situation does not mean you can use them as a personal therapist or as you would one of your adult friends. It is okay to share emotions and confusion, but you should always be the one being their support system. Children should never have to feel like they must serve as some sort of confidant shoulder to cry on during their parents’ divorce.

Hopefully today’s blog helped you better understand how to make a divorce as smooth as possible for both you and your children. It is completely normal for everyone to not feel themselves and extra confused and emotional during this time, but it is also important to

remember to take care of yourselves and your family so that you can all get through this together. You can always reach out to our office with any questions or concerns.

**The thoughts and information contained in this blog are meant to be informational and do not serve as legal advice of any type. If you have questions about your divorce or legal case, please do not hesitate to contact our office.

Sources: 

https://www.vaccalaw.com/7-tips-for-putting-children-first-in-a-divorce/ https://www.romanshum.com/blog/4-ways-to-put-your-kids-first-during-a-divorce/

How Using an Attorney Can Save You Money

Hi all! I know what you’re thinking reading the title of this blog, “I can actually save money?” Well, today I want to tell you why it is always a good choice to hire an attorney, both for your case and even for your bank account.

Let’s face it. The legal world is very complicated and confusing. More and more we are seeing ads for “do it yourself” legal documents, contracts, etc. But, in reality, what is marketed as a simple, easy way to avoid hiring an attorney can actually cost you more time and money. An attorney knows how and when to file your important documents and they know the requirements of the law. It is always in your best interest to hire an attorney to make sure that your case is the least complicated it can be.

Start with the right attorney. I have written about how many attorneys have a free initial consultation and it is totally okay to visit more than one attorney before choosing one to handle your case! Finding the fit that is best for you will help you feel more comfortable and ready to address your legal issues instead of spending time and money on an attorney who may not care about your case or drag the process out costing you even more.

Attorneys can help establish communication that helps you achieve the goals of your case. At consultation they are doing their best to learn about your claim and if taking you on as a client would be the right fit. This is why it is so important to attend your consultation with important documents, the facts about your case, and being honest about your goals. This will help make the process smooth for both parties and help your attorney to understand your financial and personal situation so that they can best serve you.

Attorneys are often very happy and willing to discuss their fees. Hey, we do like to get paid! But, the point of this is that using an attorney gives you access to someone who has insight into your financial situation and can set up a plan that works best for you, saves you money, and helps you resolve your case with as little stress as possible.

Attorneys can help guide you toward solving issues outside of the courtroom. As I have written about previously, mediation can be a cost-saving and effective way to address your case. Working with an attorney allows you to explore these options and save the time and effort of going through the entire litigation process with lots of costs and no resolution.

Hopefully, you can all look differently at hiring an attorney now that I have explained the benefits of doing so. Lawyers get a bad rap for how expensive they can be and for the fees that they charge, but as I explained above, using one can actually save you money in the long run. Keep this in mind and give us a call if your or someone you know has a case that you think would be a good fit for Marcie Baker!

Sources: 

https://www.cheshirefamilylaw.com/blog/2013/april/10-tips-on-how-to-save-money-on-attorneys-fees/

***The thoughts and information in this blog are not meant to serve as legal advice of any form. Should you have any questions about your case please do not hesitate to contact our office.

How Many Times Can I File for Bankruptcy?

Hi all! Welcome back to another blog about Bankruptcy! Today let’s demystify the question, “how many times can I file for bankruptcy?”

You can file as many times as you want! Yes, you read that right, there is no limit to how many times you can file, including Ch.7, which Marcie Baker specializes in.

However, there are a few important things to consider. Just because there is no limit to how many times you can file does not mean there are not some consequences.

First, filing more than once can prolong any damage to your credit. Chapter 7 bankruptcy can stay on your credit report for 10 years, so it is important to consider how many times you want to file and how long you want it included on your credit report.

Second, while I have said you may file as many times as you’d like, you need to be aware that there is a wait limit between each filing period. For Chapter 7 bankruptcy, the wait time between filing is 8 years. Please see our sources below for more information about wait times.

Finally, Forbes lists five steps to consider when you are considering completing a second bankruptcy filing. They are:

1. Consider all of your debt relief options before filing for bankruptcy again.

2. Figure out which type of bankruptcy to file the second time if no other options are available.

3. Research the consequences of a second bankruptcy, such as how it will affect your credit or whether you’ll lose any of your assets.

4. Determine the waiting period between the first bankruptcy you filed and the second bankruptcy you want to file.

5. Seek help from an attorney.

I hope today’s blog was helpful and gave you a better understanding of the bankruptcy system. We know it can be confusing, but we are always here to help! Contact our office with any questions or concerns!

Sources: 

https://www.forbes.com/advisor/debt-relief/how-often-can-you-file-for-bankruptcy/#:~:text=How%20Many%20Times%20Can%20You,many%20times%20you%20can%20file. 

https://www.findlaw.com/bankruptcy/after-bankruptcy/how-often-can-you-file-for-bankruptcy-.html

***The information contained in this blog is not legal advice of any form. Any bankruptcy questions or concerns can be directed to our office. See our website or contact information if you need to contact us!

Mediation Terms Everyone Should Know

Hi all! Can you believe it is already February? Hopefully, everyone’s year is off to a great start! Today I wanted to return to my segment of providing important legal terms that everyone should know. Today’s focus will be on important mediation terms.

As I have written previously, mediation can be a helpful alternative or an important part of your legal case. That is why it is important to know what you are getting into, and ask questions if you have any confusion.

- Caucus – A private and separate meeting between the mediator and each disputing party. Caucuses are most frequently employed when communication has completely broken down between two parties.

- Impasse – Parties within a mediation that are unwilling or unable to reach compromise.

- Opening Statement – Oral presentations which take place after the mediator’s opening address allow each party to present their case.

- Joint Sessions – Part of the mediation process where parties are brought together. The Opening Joint Session consists of an introduction by the mediator and each party presenting their case.

- Settlement Agreement – A brief document setting out the key terms of the negotiated agreement or resolution.

- Confidentiality – All parties, mediators, and observers taking part in mediation will agree up front that no information revealed in the mediation process will be shared or disclosed outside the mediation.

Hopefully, you all found this helpful. The link below provides even more information and definitions for your understanding. As always, contact our office for any questions or concerns!

Sources: https://expert-evidence.com/mediation-terminology-things-you-must-know/

***The facts and information contained in this blog are not legal advice of any form. If you have any questions about mediation or a legal issue, please contact our office.