Making the Most of Mediation

Posted on by Robert J. Reeves
Mediation is a step that many couples take that can help prevent them from facing a full divorce trial in court. Agreeing to terms in mediation can help you keep costs lower and can expedite things. To make it successful, it’s important to remember to look at the bigger picture and not get bogged down by petty details. However, not all couples can settle their disagreements. So for some, mediation is a step along the way to divorce court. If you do decide to move forward with litigation, having an experienced attorney by your side can help you get the settlement you deserve.

Making the Most of Mediation: Getting What You Need

Mediation vs. Litigation

Mediation is a meeting between you and your soon-to-be-ex where you try to agree on your settlement amicably. A mediator will be there to facilitate things and make sure that arguments don’t escalate. If you and your ex cannot agree, you can move forward with litigation and go to a divorce trial where a judge will decide for you.

Benefits

There are a lot of benefits to mediation over litigation. You’ll have more control and say over things during a mediation session than you do in court. Additionally, it can save you a ton of money because it typically takes much less time than a trial. This can also be less traumatic for you and any children involved with custody issues.

Looking at the Bigger Picture

If you are trying to make mediation successful, it’s important to let go of the idea of “winning” the divorce. The goal is to come to an agreement that both parties can live with and that feels fair to each. Try to focus on the bigger picture and let go of petty squabbles. Don’t hold up negotiations for something that you don’t care about just to spite your ex. Instead, try to remember that if you can agree outside of court, you’ll both save money and time.

When Mediation Fails

While mediation can be a great solution for some couples, it doesn’t work for everybody. If you and your spouse have an especially contentious break-up, or if you simply don’t see eye to eye on issues, you’ll likely need to go to court. The most beneficial thing you can do is hire an experienced attorney to represent your interests. They’ll help you organize everything, put together a strong case, and negotiate on your behalf to get you the best settlement possible. Mediation can be a great solution for some couples so that they can avoid the hassle and money of divorce court. It can save you a lot of time and can be much less stressful. To make the most of mediation, try to keep your eyes on the bigger prize of amicable resolution rather than focusing on trying to beat your ex in court. Remember that you are trying to find compromises that work for you both. However, mediation doesn’t always work, and you might end up going to divorce court. If this is the case, boost your chances of getting a great settlement by hiring an experienced divorce attorney to represent your interests. Hopefully, you and your ex can resolve things quickly and amicably to avoid the stress of court.

Dividing Student Loan Debt in a Divorce

Posted on by Robert J. Reeves
Dividing student loan debt in a divorce can get very complicated. Everybody knows that during a divorce, spouses must divide up their assets. But not everybody realizes that they also divide their debts. Divvying up student loan debt depends a lot on when you took out the loan as well as what the money was for. It also is important to lay out who benefitted from the loan. A judge will take into account many things when deciding to divide up marital assets. There isn’t any one answer on how loans are split. However, the goal of any judge is to make things fair and equitable for both parties. The best way to ensure that you are getting the best settlement possible is to hire an experienced divorce attorney to represent you.

Dividing Student Loan Debt in a Divorce: What Happens to Debt?

Pre-Marital vs. Marital Debt

When dividing student loan debt in a divorce, a judge will ask “when did you take out the loan?”. If you got the loan before marriage, then it is not a marital debt. Therefore, your spouse would likely not take on any of the debt during a divorce. However, the loan is a marital debt if you were in school when you married. Or if you took the loan out after marriage. In this case, a judge will decide how to split it fairly.

Where Did the Money Go?

Another question that a judge will try to answer is “where did the money go?”. If you used the money on something like housing, then your spouse also benefitted from it too. In this situation, they might be responsible for some of the debt. However, if it was entirely for tuition, a judge is more likely to assign the debt only to the student.

Who Benefitted from the Loan?

When trying to divide student loan debt in a divorce, a judge will also look at who benefitted from the loan. For example, if you divorce right after graduation, then your spouse is not likely to benefit at all from the loan. However, if your spouse graduated and used the credentials to get a high-paying job for many years before the divorce, then you did benefit. A judge is more likely to split the debt if you benefit from the money and your spouse’s education.

The Big Picture

While there are many factors that a judge takes into consideration when dividing student loan debt into a divorce, they are mostly looking at the big picture. For example, they will take into consideration things like each of your salaries and assets. They’ll also consider alimony and other spousal support payments. The goal is to divide your marital assets and debts equitably. When a judge is dividing student loan debt into a divorce, things can get a little messy. Just as with all aspects of divorce, a lot of factors contribute to the divvying up of debt. A judge will look at when you took out the loan as well as what you spent the money on. They’ll also think about who benefitted from the money and how it fits into the overall picture of your financial health as a couple. The goal of any divorce proceeding is to split up marital assets, property, and debts in a way that is fair to both parties. Hopefully, if you have concerns about student loan debt, your divorce attorney can help you navigate them and ensure that you get the settlement you are entitled to.

Engaging a Divorce Attorney

Posted on by Robert J. Reeves
Engaging a divorce attorney is in your best interest if you and your spouse are deciding to end your marriage. It’s best to get the process started as soon as possible so that your attorney can make sure that you are protecting yourself financially. Finding the right fit can take a little trial and error, but it’s best to speak to a few different attorneys. Consider the budget and speak to each of the attorneys about how their fees work. And finally, look for an attorney that has experience with cases similar to yours. It’s not necessarily helpful to rely just on the recommendations of friends because their divorce case might be very different from yours. Find an attorney that seems like they will be able to represent you during your divorce best and will help you get the settlement you deserve.

Engaging a Divorce Attorney: Finding the Right Fit

Start Early

Begin the process of engaging a divorce attorney as soon as you realize that divorce is a possibility. You want to ensure that you protect yourself financially if things begin to get ugly with your soon-to-be ex. In addition, they can help you begin gathering all of the information that you’re going to need later on down the road.

Ask Questions

Before engaging a divorce attorney, it’s best to speak to a few options. Try to set up meetings with two or three lawyers. Try to get a feel for their overall approach and how they or their team operate. You’re not looking to find a new best friend, but you need to feel comfortable enough, to be honest with them. Find somebody that you trust to represent you and that will keep things professional.

Consider Budget

It’s important to consider your budget when engaging a divorce attorney. Divorce is expensive. There’s just no getting around that. However, some attorneys charge more than others. When you’re meeting with potential attorneys, ask them how their fee schedule works. They won’t be able to give you a definite answer on how much your divorce will be. There is any number of factors that can affect that. But they should be able to give you some general idea of costs.

Look for Experience

Finally, when engaging a divorce attorney, look for experience. You want to pick somebody that is professional and knows what they’re doing. And more specifically, you want an attorney that has handled cases similar to yours. Especially if you expect your divorce to be complicated with lots of properties, assets, or custody disputes. Engaging a divorce attorney is the best first step you can take to protect yourself as soon as you and your spouse decide to split up. It might seem hasty, but there’s a lot of prep work involved in a divorce. Your attorney can help you get that ball rolling and can protect you financially from your ex doing anything tricky with bank accounts. Meet with several attorneys to decide which you feel like will be a good fit for you. Consider your budget and ask them for a general idea of what to expect cost-wise. And finally, pick an attorney that has a lot of experience in the field, and with cases similar to yours. You should pick somebody that is professional and whom you feel will represent you to the best of their ability. Hiring the right attorney can make a big impact on your divorce settlement.

Nesting Co-Parenting: Possible Benefits

Posted on by Robert J. Reeves

Most parents think that co-parenting involves moving the kids from one parent’s house to another. However, nesting co-parenting offers a different perspective. This alternative way of co-parenting might just be the sort of thing you and your co-parent are looking for…

Nesting Co-Parenting: How Its Different

What is “nesting?”

Nesting co-parenting differs from other co-parenting plans mainly in terms of where the kids stay. Usually, after a divorce, either one parent will keep the home and the other will move, or both will move to new homes. Then, the kids will go in-between each household depending on the co-parenting schedule they come up with.

With a nesting arrangement, the kids will actually stay at the family home. Instead, it’ll be you and your co-parent who will come and go. So, for example, one week you’ll stay at the home with the kids, and then switch with your co-parent. That way, the kids don’t have to constantly go back-and-forth between two new homes.

Benefits to the kids

A nesting co-parenting arrangement can be really beneficial to your kids. Divorce is a major time of change both for you and them. Having to constantly go back and forth between you and your co-parent’s new homes can be very difficult for them. Ultimately, it can be hard for them to really feel “at ease”, even if they’re with one of their parents.

However, by nesting, your kids won’t have to worry about that. Rather, they get to stay in the home that they’re already familiar with. This helps them feel much more at ease with the situation, and not have to worry about constantly moving and bringing things between homes.

Benefits for the parents

Of course, a nesting co-parenting plan doesn’t just help the kids. It can also help you and your co-parent also. For instance, many couples find it’s cheaper to use a nesting plan. The cost of two separate apartments can be cheaper than if you were to both look for new homes. Plus, some co-parents will even “split” an apartment, with one of them staying there while the other is with the kids.

You also won’t have to worry about difficult transitions in-between homes. Rather, you’ll know exactly where your kids will be. You can even have smoother transitions than usual, such as if you drop the kids off at school in the morning and their other parent picks them up. Just make sure you communicate this to both your co-parent and the kids!

Guardian Ad Litem: What Does it Mean?

Posted on by Robert J. Reeves
The Guardian Ad Litem program varies from state to state. However, the Guardian ad litem, or GAD, is a person who is appointed by the court that represents the interests of a child. GADs can be legal representatives or laypeople, depending on the situation. However, regardless of their status, their job is to advocate for the best interests of a child. This might be in custody hearings, abuse cases, or divorce trials. They often speak with the child and conduct interviews with family and do home visits. They are an investigator for the court. This is an important program that benefits many children. In some states, this is a volunteer position. If you care deeply about children and have time to devote to training, consider becoming a guardian ad litem for the court.

Guardian Ad Litem: What Does it Mean and What Do They Do?

What Is a Guardian Ad Litem?

Guardian ad litem in Latin means “guardian for the suit.” A GAD is often court-appointed and serves as an investigator on behalf of children. They are the child’s advocate in court and will do whatever they can to make sure that the child ends up in the healthiest situation possible. In some states GAD’s are attorneys. But in others, this is a volunteer position that laypeople apply for.

Who Needs One?

A guardian ad litem can be involved in any type of case where children need advocates. For example, custody hearings, adoption hearings, abuse or neglect cases. In addition, they might help with hearings involving parental rights, visitation, or emancipation of minors. These types of hearings can be very high-stress and emotional. The needs of the child sometimes get lost in the shuffle. Therefore, a GAD is there to make sure somebody is advocating for the best interests of the child.

What Do They Do?

The guardian ad litem is an investigator for the court. Therefore, they do a lot of background research for the children they advocate for. This often involves lengthy interviews with the child. In addition, they might have interviews with the parents or extended family members, friends of the family, or neighbors. Some do surprise home visits to observe the child in everyday life. After they compile all of this information, they’ll present to the court what they think is the best solution for the child in the case.

Qualifications

The qualifications to become a GAD vary state by state. In some states, laypeople, or non-attorneys can volunteer to become GADs. However, you often have to be at least 25 years or older and must complete training. For example, in South Carolina, a GAD must have a high school diploma and complete nine hours of training. In addition, they’ll also have refresher courses annually. Many times, they also must attend a few custody hearings before they become a GAD to get an idea of what they look like.

A guardian ad litem is the representative of the interests of a child in any type of hearing where a judge feels it will be helpful to have an advocate. Many times, cases involving children are high-stress and emotional. A GAD is there to make sure that somebody has the child’s best interests at heart. They can work with adoption cases, custody hearings, abuse cases, and many other types of trials. They act as an investigator for the court by conducting interviews advocating for what they believe to be the healthiest solution for the child in court. A GAD is an important role in the legal system. If you want to become a guardian ad litem, you’ll likely need to complete training. However, it will be well worth the effort to know that you are making a difference in the life of a child.

Handling the Holidays with a Foster Child

Posted on by Robert J. Reeves
Handling the holidays with a foster child can feel like a lot to handle, especially if it’s your first year with them. The holidays are overwhelming for everybody, and they can be an especially emotional time. This is no different for foster children. Prepare them upfront about what your traditions are. Introduce your family and friends to them slowly, and preferably ahead of time. Be available to talk if they are feeling emotional. And finally, try to make space for their own beliefs and traditions, even if they’re different from yours. Hopefully, you can make this holiday season magical for your foster child and give them a wonderful memory to hold onto forever.

Handling the Holidays with a Foster Child: How to Make it Magical

Prepare Them Up Front

The holidays with a foster child are much easier if you prepare them upfront. Things can feel very overwhelming for anybody at Christmas, but especially a young child. Everybody is stressed out, schedules are off, and everybody is running around trying to do so many things. Let your foster child know in advance what types of traditions you follow and how you’d like to include them.

Introduce Family Slowly

When handling the holidays with a foster child, introduce family slowly. It might feel very overwhelming to attend a huge holiday event with a lot of extended family members if they haven’t met anybody. See if you can have a few people over in smaller groups ahead of the celebrations. That way, your child will recognize them and will feel less anxious.

Be Available to Talk

Another thing that’s important when handling the holidays with a foster child is to be available to talk. They might be feeling a lot of emotions over the holidays. They might experience a whole range of emotions including anxiety, sadness, and excitement. Give them some space if they seem like they want privacy, but let them know that you are there if they want to talk.

Accommodate Their Beliefs

Finally, when handling the holidays with a foster child, try to accommodate their beliefs. They might have special traditions that they remember from holidays past with their biological family or other foster families. Incorporating this into your holiday routine will show them how important they are to you. Handling the holidays with a foster child can be an exciting but also stressful situation. Everybody is rushing around and busy over the holidays, so it’s easy to get overwhelmed and forget to take a pause. However, it’s important to keep an eye on your child and make sure that they are handling things ok. Prepare them upfront and let them know what to expect over the holidays. If you are getting together with a lot of extended family members, see if you can introduce them slowly ahead of time. Be available to talk if they need some extra support. And give them space if they seem like they need it. And finally, try to accommodate their beliefs and personal traditions. This will help them feel included and can ease anxiety and sadness. Hopefully, you can make this time of year magical for your foster child!

How to Help a Foster Child Adjust

Posted on by Robert J. Reeves
It can be difficult to know how best to help a foster child adjust to a new living situation. They might be in a bit of shock at suddenly living in a new place. Or they might be hesitant to open up to you. However, you can set yourself up for success by remembering to be as flexible as you can be. Have things ready in advance before they get to their new home so that you aren’t scrambling to find the basics. Keep the lines of communication open, but let them have their space if they need it. Be flexible and manage your expectations. And finally, be their parent, not their friend. Hopefully, you can form an amazing bond with your foster child that will enrich their lives forever.

How to Help a Foster Child Adjust to a New Family

Have Things Ready

The first thing to do to help a foster child adjust to a new family is to have all the basics ready in advance. While the foster agency will do a home check to make sure you have the essentials like a bed, it’s also nice to prep with a few other things. Have age-appropriate snacks and treats, pajamas, clothing in the correct size, and some toys ready for when they arrive. That way you won’t be scrambling to find the basics when they get there.

Keep the Lines of Communication Open

Another thing you can do to help a foster child adjust is to keep the lines of communication open. Older children might want some space and time alone to adjust to their new surroundings. Even if this is the case, make it clear that you’re available if they need to talk about anything. Give them some space, but check-in enough to make sure they know that you are taking care of them.

Be Flexible

It can help a foster child adjust to a new environment if foster parents are flexible. Each child is very different with very different needs. Try to erase your expectations or past experiences and be open to a fresh start with every child you foster. What worked for one child may not work for another. Reset your expectations and understand that some children come into the system with emotional baggage that can make them react to things in unexpected ways. Try to meet every kid at their level and their own needs.

Be Their Parent, Not Their Friend

Finally, one last thing that can help a foster child adjust to a new living situation is if you make it clear that you are their parent, and not their friend. Of course, you want them to trust you and come to you with problems. But you can do this while still maintaining authority. Make it clear that you have their best interests at heart and that you care deeply about them. But also make it clear that they have to be respectful of you and your family’s rules. It can be hard to know exactly how to help a foster child adjust to a new living environment. So much has probably changed for them that they might feel overwhelmed. You might be given very little notice and feel a little overwhelmed. This is why it’s important to keep some things on hand, like snacks, a few clothing sizes, and some toys for various ages. Open the lines of communication with them, but give them space if they need it. Just make sure to check in periodically. Be flexible and manage your expectations. Remember that everybody’s journey in the foster program is very different. And finally, make sure that you are an authority figure. Often the structure of a parent figure is exactly what can be the most beneficial to many children in the foster care system. Hopefully, you and your foster child can build a beautiful relationship together and you can be a real source of comfort for them in a time that might otherwise be very stressful.

Looking Your Best for Divorce Court

Posted on by Robert J. Reeves
Looking your best for divorce court might not seem all that important, but first impressions matter. The American justice system is old-fashioned and most judges prefer people to dress respectfully in the courtroom. This means having a professional-looking hairstyle and clothing. In addition, personal style is important, but in the courtroom, it’s best to just keep it somewhat plain and simple. Looking best probably won’t affect your outcome in any major way, but it certainly doesn’t hurt.

Looking Your Best for Divorce Court: Clothing and Style

Why It Matters

Looking your best for divorce court is important because our justice system is very old-fashioned. Many judges prefer that everybody in the courtroom wear professional clothing as a sign of respect for the court system itself. Attorneys still are mostly expected to wear suits, ties, or skirts. When dressing for court, wear what you might wear for a professional job interview.

Hair

Looking your best for divorce court means keeping your hairstyle to something non-flamboyant. For women, it’s best to style it in a polished-looking ponytail or down. A messy bun is probably not the most professional-looking style. For men, it’s best to keep a clean-cut look and tame facial hair. You might love rocking a blue-dyed mohawk in your everyday life, but in court, it’s best to tamper your wilder side down.

Clothing

In addition to your hair, your clothing should also be modest when looking your best for divorce court. You won’t be able to enter if you’re swearing sweats, shorts, flip flops, midriff-baring clothing, or clothes with inappropriate slogans. For men, it’s best to wear shoes and socks, dress pants belted at the waist, a button-down shirt tucked in, and a tie. You can choose to wear a jacket if you’d like. For women, a knee-length dress or skirt that covers your chest modestly will work, so will slacks with a classy blouse.

Style

Personal style is so important to represent who you are as a person. But looking your best for divorce court means looking modest, and sometimes that means tampering down your personal style for the day. If you have a lot of piercings, consider taking them out for court. If you prefer clothing with sequins or a lot of sparkles, consider goes with something more muted. In addition, loud or flashy jewelry or very long nails will probably not go over as well as a more clean-cut traditional style. Save your awesome unique sense of style for the outside world. Looking your best for divorce court is important because first impressions matter. The judge could potentially be making decisions that affect the rest of your life and your children’s lives. You want to strike the right chord with them from the outset. Start by wearing a traditional-looking hairstyle and modest clothing. You want to look like you might be heading to a job interview. Your personal style is important for your everyday life, but in court, it’s most important to look polished and professional. Once you walk out of the courtroom you can go back to showing off your own personal style!

Co-Parenting in the Time of Covid

Posted on by Robert J. Reeves

The Covid-19 virus has made life incredibly stressful for everybody. However, co-parenting in the time of Covid can add an entirely new layer of stress to parents. Having children going back and forth between two different households can be confusing. Especially since everybody should socially distance right now. Parents hopefully have a crisis plan in place for children. There are several considerations to think about when deciding how to split time. Open communication and modern technology can help you manage this crisis. Hopefully, the pandemic will lessen soon and everybody, including co-parents, can get back to life as normal.

Co-Parenting in the Time of Covid: Put the Kids First

Navigating a Crisis

Co-parenting in the time of Covid is like co-parenting in a crisis. Most co-parents have a plan in place if there were ever to be some sort of crisis. While you and your ex might disagree about a lot of things, hopefully, you can work together to navigate these tough times. Perhaps the stress of dealing with Covid can help you put aside more petty disagreements. If you don’t already have a plan like this in place, now is the time to make one. If ever we face another time like this, you’ll be more prepared. You can choose to continue the current parenting plan you have in place, or temporarily change things.

Things to Consider

There are many things to consider when co-parenting in the time of Covid. Since families are meant to be distancing, you might decide that your children should stay with one parent. Rather than being exposed to germs from separate households, you’ll keep your germs contained. When trying to decide which home the children should live at more, try to put aside your desire to “win”, and instead, focus on what is best for the kids. For example, maybe one parent is more set up for virtual schooling. Or perhaps one parent is an essential worker and comes into contact with more potential exposures. You might keep the children more at one parent’s house if the other has high-risk family members. And finally, consider the outdoor space at each parent’s home. Children need outdoor activities and room to run around now more than ever.

How to Manage

Co-parenting in the time of Covid relies on open communication between parents. Try to take your feelings out of consideration and think of what’s best for your children. And let your ex know if anything changes with your schedule or job. Dealing with a national pandemic requires flexibility from everybody to best adapt to a changing environment. Don’t forget that you can set up Zoom meetings or Facetime with your children when you aren’t with them. If both parents feel that they need to see the children equally, consider yourselves as a “bubble.” Each of you should take the same precautions at home and should be incredibly open and honest about any potential exposure.

Covid is hard for everybody, but co-parenting in the age of Covid can be a huge source of stress. You both want what’s best for your children, so sit down and have an honest conversation about how to handle the pandemic safely. Try to remember that you can use Zoom or outside drive-way hangouts to get some face-to-face time with your kids. There may be one parent who is better equipped to handle the ever-changing school plan or other social matters. In the future, it’s always best to have a plan in place for any sort of crisis. Hopefully, we won’t ever face another pandemic like this, but you’ll be prepared just in case. By communicating with your partner, you can help one another navigate this extremely stressful situation in a way that is best for your children.

How-to Manage Having Split Custody of Your Kids

Posted on by Robert J. Reeves

In some divorce arrangements, parents may end up with split custody of their children. Split custody is different than joint custody. This is a child custody arrangement in which one parent has sole custody of one or more children. Then, the other parent has sole custody of the remaining siblings. This arrangement can be difficult for both the parents and the children. If this applies to you, learn how to manage having split custody of your kids.

How-to Manage Having Split Custody of Your Kids: Divorce Arrangements

Difficulties

Having split custody of your kids can be difficult. One of the hardest parts about it is that your kids may never actually get to see one another. If one child spends all week at moms, while the other spends all week at dads, and they switch on the weekend, they will never be together. Going to living with only one parent at a time can be a big change for children. Compound that with also no longer living with their siblings too, and that makes it even more of an adjustment.

Benefits

On the other hand, there can be some benefits of having split custody of your kids. For example, this could be beneficial if one child is combative or physically or emotionally abusive to the other. In this case, it may be best to have both of the siblings separated. Another example is if one child has special needs. Depending on how severe the disabilities are, one parent may need to solely focus on taking care of the child with special needs. A parent who works away from home full-time likely would not be able to take care of a special needs child in the same way a stay-at-home parent can.

In some cases, if there are large age gaps between siblings, each may prefer to live with a different parent. Another situation is if one parents lives close to a special school that would be beneficial for one child, that child may choose to live with that parent. For example, if there is a really good school of the arts, and a child really wants to be in that program, they may decide to live at the house closest to that school. This could also apply to certain schools for kids with physical or learning disabilities.

There are definitely pros and cons to having split custody of your kids. However, if you make decisions with your children’s best interest in mind, you can manage this unusual situation.