Telling children that you are divorcing is one of the hardest parts of the divorce process. In almost every case, the children think it is somehow their fault, or at least believe they are partially to blame. One child may think, “If I had only made the team…” or “If I had only gotten better grades…” then my parents would have stayed together. It is important to let the children … [Read more...]
Archives for 2019
Being Thankful, Even During Divorce
How can someone be thankful, even during a divorce? What a great question. My answer is influenced by the fact that I have a strong faith. Many times, clients come to me because they too have faith and are looking for guidance in a situation that they never thought they’d be in. Fundamentally, I don’t believe in divorce. However, I also believe that sometimes there are situations where it is … [Read more...]
How Do You Explain to Clients About Mediation, Litigation and Collaborative?
When a marriage breaks down, the parties know is they want a divorce, but they are unaware of the different methods available to them to make that happen. At Paula Lock Smyth Law Offices, we begin our representation by explaining to our clients what their options are and how mediation, litigation, and the collaborative divorce process work. Litigation Litigation is the traditional … [Read more...]
Divorce and the Holidays
Holidays, like Thanksgiving and Christmas, are meant to be joyous and happy. But for those parents going through a divorce, these holidays present a special challenge. It is best for the children if the parents can communicate with each other and, as much as possible, maintain family traditions for the children. If parents cannot come to an agreement, they must comply with the … [Read more...]
Property Division in Divorce
Property division in divorce can be complicated. How the courts divide the estate depends on the type of the property involved and when or how it was acquired. Particular attention must be given to division of real estate and retirement plans. The court must also determine which property is marital property and which is separate property. Marital Property Versus Separate Property Separate … [Read more...]
The #1 Way to Save Money in a Divorce
There are inevitably some expenses associated with getting a divorce, but there are ways to save money. The #1 way to save money during the divorce is to be absolutely straightforward and honest with your attorney. Why it Matters to Be Scrupulously Honest with Your Attorney You may sincerely believe that it is not necessary to give certain information to your attorney. The truth … [Read more...]
How to Communicate with Your Attorney During the Divorce
It is critical that an attorney and their client have good communication during the divorce process. What clients tell their attorney is confidential so clients can be open and honest without fear of the attorney revealing their secrets. Honesty and No Surprises Critical to the communication process is complete honesty by the client. An attorney cannot properly represent a client who is … [Read more...]
Addiction and Divorce
Sadly, in divorce situations, it is common for one spouse or the other to have some type of addiction to either a substance or a behavior. Addiction and divorce are difficult issues for the courts and the parties to resolve. Different approaches are used depending on which spouse is the client. Representing the Non-Addicted Spouse Often, one of the first things that needs to be done is to … [Read more...]
How Is A Divorce Different If It’s A Common Law Marriage Versus A Traditional Marriage?
The phrase “common law marriage” is often used to describe a couple who has lived together for some time. When they decide to end their relationship, the question comes up about how their parting will legally proceed. Will they participate in a traditional divorce or are there other considerations that will affect the “divorce” process? First it must be proven to the court that there was a common … [Read more...]
Can Someone Be Too Angry For A Collaborative Divorce?
A collaborative divorce is a process where the parties to the divorce work as a team with their attorneys and various professionals, such as a tax consultant, a child psychologist, a mental health professional, and others, to resolve their issues without court intervention. It is particularly beneficial to couples with children and helps them make parenting plans agreed to by both parents. One … [Read more...]