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Gaithersburg Family Law Blog


Children want to see both parents

Child custody debates often raise a lot of questions about legal rights, the best interests of the child and the parents' desires. While people often say that the goal is to set up the best custody situation for the kids, it's interesting to note that the children's specific desires have often been ignored.

For instance, in multiple studies, children have directly said that they want to stay involved with both parents. They don't want a mother or father to be essentially cut out of their lives. Gender doesn't make a difference. When asked what they want, equal access is what they chose most of the time.

3 reasons you could lose some of that alimony payment

You and your ex go to court and you're awarded indefinite alimony. After all, you're no longer young enough to get back into the workforce, and you gave up your career years ago to help your spouse achieve his or her dreams. You were counting on being supported in return, and you don't want the divorce to take that away when you have no other source of income.

Those payments may last for life, but experts do warn against counting on them exclusively. There are three reasons they may go down or be completely eliminated.

  1. You get married again. Be sure to read over the full alimony agreement or Court Order. If you marry someone else, even years from now, does that mean your ex no longer has to pay? What if you start living with someone, even though you decide not to get married?
  2. Your ex can't work anymore. He or she may have fully planned to work, but then a car accident led to permanent injuries and disability. While your spouse does have to legally ask for a reduction, with no income at all, that reduction could be significant.
  3. Your ex retires. Again, income is lost. You may still get alimony in this case, but, depending on how well your ex has planned for retirement, he or she may be able to ask for the payments to be reduced.

7 things you should do during a trial separation

You are potentially moving toward divorce, but you and your spouse have agreed to try a trial separation first. You want some time apart before you go through the entire legal process. You want to see how it impacts the relationship and what it's really like to be on your own.

You're not entirely sold. You think you should just get divorced, make it a clean break, and move on. You feel like the separation is just stretching things out. However, it means a lot to your spouse, who is pleading with you to do it.

Issues that courts may leave parents to resolve

Dealing with a difficult co-parent may not be any easier now that you have a custody and parenting time decree. Your ex can still perpetuate dirty tricks by attempting to manipulate kids, being petty about exchanges and times, and essentially making life unbearable. If you are in this situation, you are not alone, as many frustrated parents in this situation may try to seek a Court Order in an attempt to limit the other parent's influence.

However, modifying a Court Order may not be the solution to your problems. Essentially, a family court judge may not find a legal remedy to be the best way to correct childish, spiteful and vindictive behavior. With that said, parents should be aware of situations where courts may not get involved. This post will identify some common scenarios.

Artwork is divisible during a high-asset divorce

If you're an artist and plan on getting a divorce, don't forget that your artwork might become a valuable asset. It doesn't matter if you plan to sell the work or even if you've sold it in the past. Artwork can be valued and could make an impact on your divorce negotiations.

In many cases, artists don't think about their artwork as an asset. It's their own creation, so they perceive the work as separate property. The truth is that if the artwork was created during your marriage, it's actually shared property in most cases. That means your spouse has an equal claim to your work, whether or not you find that appropriate.

Divorce tips from people who have been through it

Heading toward divorce? Not interested in asking admittedly biased friends and family for help?

You're not alone. Most people are going through divorce for the first time, so they have no experience and feel out of their depth. Below are a few tips from people who have done it already.

The truth about deadbeat dads

The stereotype of a deadbeat dad is a man with plenty of money to pay child support, but who decided not to do it simply because he doesn't want to. He has a good job and uses his money for cars, vacations, nights out with his friends and things of this nature.

While some of those people may exist, the reality tends to be a bit different.

Can your relationship with the kids stay strong after divorce?

As you and your spouse move toward divorce, you're worried about one thing: Can you still have strong relationships with the kids? They're the most important thing in the world to you, and you don't want to lose that.

You absolutely can still have a great relationship with your child. The key is to focus on building up that relationship and being the type of parent that they need. It doesn't matter if you're married or not; both you and your ex can still be excellent parents.

Help your children adjust to living in two homes

One of the most difficult things for children to adjust to when their parents get a divorce is learning to live in two homes. It is important that you give your children what they need so that they can be comfortable in your home.

Consider these tips to help you find ways to help your child adjust to life in two homes.

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