Many people are confused about what it means to go to court. Some think it is an informal legal process where a discussion takes place, a decision is made, and the divorce is final. In fact, there may be several court hearings throughout the case in an attempt to resolve the issues. Whether it is the first court hearing to get temporary court orders, or a hearing where the Judge … [Read more...]
Divorce Mistakes: Texting and Social Media
Texting while divorcing, or posting on FB, Twitter or other social media platform, are all things you should not do while in the middle of a divorce. Airing your thoughts, frustrations, and misery on social platforms can come back to haunt you later. Anything you put out there can and will be used against you in court. Texts and Social Media Posts are Easily Misinterpreted As for … [Read more...]
Why Is It Important to Have A Child-Centered Divorce?
When people divorce, their children may hear their parents arguing and feel like it is somehow their fault. They wonder what will happen to them. At our law office, we help parents step back from their own emotional issues and work to have a child-centered divorce. Child-Centered Divorce Using the Collaborative Process A collaborative divorce is a way that a couple can part ways … [Read more...]
How to Tell Children About Divorce
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...]
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...]