Archive for year: 2016

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Planning is a crucial step in the mediation process

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, August 12, 2016.

The mediation process is often a faster, more cost-effective method of getting through all the points in your divorce. If you are planning on going through mediation, you should make sure that you are properly prepared before you head to the first session, as well as subsequent sessions if more than one is necessary.

You must mentally prepare for the mediation session before that first session. This is a big point because how you mentally prepare can have an impact on how you handle the negotiations that are part of the process. You have to be ready to negotiate on the points that come up. Compromise is the key to mediation, so you can’t go into the meeting thinking that you are going to get your way on every point. You can’t let your emotions, such as anger, rule you during the mediation process.

Another important consideration is the financial aspect of the divorce. You need detailed financial records so that you can get moving on the property division process. Planning a budget for when you are a single person can often help you in this portion of the mediation process. Your budget lets you know what you can afford, which can help you to know if you are able to afford assets that require upkeep and have other expenses.

Make a list of the concerns that you have. By writing down your concerns, you can make sure that you have those addressed during the divorce negotiations. If you want, you can make a list of points that you think you need to hold firm on and points that you are willing to negotiate on. This can let you start your negotiations a bit higher than what you are willing to accept.

During the process, you can ask to speak to the mediator and/or your attorney in private. This might help you to discuss problems that are sensitive in nature. This also gives you the chance to get answers to any questions about your rights or obligations answered.

Source: The Huffington Post, “How to Prepare for Your First Mediation Session — Your Eight Steps Plan,” Dr. Michelle Rozen, accessed Aug. 12, 2016

Family Lawyers Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca/

Legal separations and child support

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, August 4, 2016.

A legal separation is an option that many people explore, either as a trial period to see if the divorce is really what they want or for other personal or financial reasons. However, it’s important to understand that a legal separation is not the same as “taking a break” or having an on-again-off-again relationship with someone.

Just like a court order for a divorce, a separation agreement must be followed or modified if need be through the proper legal channels. This is why it’s very important to understand exactly what you’re agreeing to and what you will need to do later on if there is an issue.

Because those who choose to go through a separation instead of a divorce are still legally married, there are many misconceptions about what can be done with finances. For instance, child support may still come into play even though the marriage is technically intact. This is because the parties will be maintaining separate households, which means more expenses. If child support would have been awarded in the event of a divorce, it is likely to also be a factor in the separation.

If you are interested in a legal separation but aren’t sure if it’s a viable option for your situation, it’s important to start off by talking to a lawyer about your rights, choices and expectations. This ensures that you understand the differences between the separation and a divorce, the issues unique to a separation and what you may need to do later on if you decide to completely terminate the marriage.

Family Lawyer Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca

How important is it to stay organized during divorce?

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Tuesday, July 26, 2016.

While you don’t need to start color-coordinating your files or rush out for a few label makers, making a concerted effort to stay organized as you move through the divorce process can make it much easier and less stressful. Here are three tips to get you started.

1. Establish a central location for all divorce-related paperwork. If you have a home office, this is a good spot. If not, look for a flat surface where you won’t have to move things out of the way — your dining room table isn’t a good choice — and that’s close to a calendar and wherever you make most of your phone calls. Having everything in one place means that you can easily access any information your attorney needs without having to spend the day searching.

2. Document everything. Documentation is key to any legal situation, but it’s especially important in divorce cases when your personal and home life is bound to be in a bit of disarray. Get in the habit of keeping a journal where you can write down when you talk to your ex and the topic of conversation. This can also be a place to write down questions for your next meeting with your attorney so you don’t forget.

3. Get your own mailbox. Whether you or your ex is the one moving out, right now both of you are likely getting mail and other important documents delivered to the house. Getting a post office box can ensure that you have a way to communicate without worrying about your ex-intercepting anything. If you currently use a joint email account, you’ll want to establish your own immediately.

If you have questions about what you should be keeping track of, ask your lawyer. By being able to access and provide him or her with needed documentation, you can help make the process a little easier.

Source: Forbes, “Why Women Who Are Organized Often Do Better in Divorce,” Jeff Landers, accessed July 26, 2016

Coquitlam Family Lawyers

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
www.laughlinlaw.ca/

Judge removes himself from divorce, citing parents’ attitudes

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, July 21, 2016.

A British Columbia family court judge has ruled that one divorced couple needs to move on with a new judge. It seems the parents ended up back in court in 2013 to address the father’s wish to have the parenting time order modified. The order originally granted the mother the bulk of the time, and the father was asking for a more equal time split. However, this quickly went downhill with the parties criticizing the other’s parenting style and using manipulative and bullying tactics to try to get their way.

In the ruling, the judge indicated that he was a “known quantity” and that the progress of the proceedings had largely stalled because of this. In effect, the judge was saying that the situation was so high conflict and the two parties were locked against each other that it may take an entirely new judge to get the parties to pause and reevaluate their positions.

So what you can we learn from this example? The first takeaway is to do your best to make the divorce — and any proceedings that take place after the final decree — as low conflict as possible. Doing so will save both you, your ex and your children a great deal of stress and emotional upheaval.

The second is that sometimes those going through a divorce are too involved in the situation to recognize when things are getting out of control. Having a lawyer help you through the process can be a good way to have an objective third-party ensure you are focusing on resolving issues.

Source: CBC News, “Judge breaks up with couple in high conflict divorce,” Jason Proctor, July 17, 2016

Coquitlam Family Lawyer

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
www.laughlinlaw.ca

What if my ex doesn’t want to attend mediation?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, July 13, 2016.

Mediation can be an excellent way to expedite the divorce process and make it less stressful for everyone involved. Even after the divorce is finalized, mediation can help you and your ex-avoids the courts when you want to make changes to the custody or parenting schedule. However, mediation only works when both people attend, and if your ex-doesn’t want to, you may wonder if there’s anything you can do.

In many cases, the answer will be no. If your ex-doesn’t want to participate in mediation, your only option may be to go through a trial in the family courts. However, it may be worth talking to your ex and trying to explain how mediation may benefit them. It’s less costly and quicker than a full trial, for example.

If this doesn’t work, there is one situation in which a party may be compelled by the courts to participate in mediation: if you have started a case with the Supreme Court. In these circumstances, you can have your lawyer serve your ex with a Notice to Mediate.

As long as you serve the paperwork in the proper time frame, your ex will be compelled to comply unless there has already been an attempt at mediation, there is a protection order in play, the mediator doesn’t believe mediation will be helpful, or the court rules that your ex is exempt from participating.

If you think mediation may help you and your ex-resolve your differences, the first step is to talk to a family lawyer. After that, you will be better informed and prepared to move forward.

Source: Legal Services Society, “Mediation,” accessed July 13, 2016

Divorce Lawyer Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca/

Can a marriage contract address child support?

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Friday, July 8, 2016.

A marriage contract is a document that both parties sign before getting married, and it can address many topics, such as conduct within the marriage, what is to be done with assets already owned, and what happens with assets gained during the marriage. In most cases, the focus of the contract is on the financial side of things, as people want to protect their own interests so that a court ruling doesn’t force them to turn over assets in the event of a divorce.

One of the biggest financial impacts of a divorce, though, is child support. It is typically not legal to put any provisions for this in a marriage contract. The spouse expecting to get custody and payments cannot stipulate how much will be paid, and the other spouse cannot say that he or she will pay nothing.

Instead, this still has to be decided by the court. Other assets can be divided according to the contract.

The reasoning here is that the child is not actually participating in the signing of this contract at the time of marriage, and the child is the one mainly impacted by these payments. The parent does not have the right to sign away money that was intended for that child, as it would not be fair and could be detrimental to the child’s health and well-being. Any contracts containing such language may be thrown out, or that portion at least may not be used.

When setting up a marriage contract to protect assets, always make sure you know what it can legally cover and what has to be left up to the court in British Columbia.

Source: Advisor.ca, “Marriage Contracts Protect Assets,” Margaret O’Sullivan, accessed July 08, 2016

Divorce Lawyers Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
www.laughlinlaw.ca/

Can I pay child support direct to my children?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, June 29, 2016.

It’s a question many noncustodial parents have. They balk at having to give their exes money every month and wonder if it’s being spent on the children’s needs. However, in the vast majority of situations, the answer is no. You cannot pay child support directly to your child, and here’s why.

The first issue is that most parents only have to pay child support until the child is an adult or has graduated from high school. A parent paying child support directly to a minor child is likely to end up with the money being spent on wants and wishes instead of going to the paying parent’s share of the financial costs of raising the child.

However, even in cases where a support order is still in place after the child has reached 18 — which sometimes happens if the paying parent is significantly in arrears — payments cannot be made directly to the child without the other parent’s consent. This is because the courts do not believe that the paying parent should necessarily get to control how the payments are made or how the money is spent.

There is also a concern that allowing this would make it easier for some parents to use the money as a way to exert undue control and influence over the child. Even if the other parent does agree, the courts may still question whether the child has the experience and maturity to handle the money appropriately or whether the money would have negative consequences on things like financial aid for college.

Source: FindLaw, “Can child support go directly to the kids?” Steve Morales, accessed June 29, 2016

Coquitlam Divorce Lawyer

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca

Court orders in child custody cases can help

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, June 24, 2016.

Child custody matters, which are now known as parenting time and parenting responsibilities, are important matters when parents aren’t in a relationship but still have the child to take care of. In most cases, it is necessary to seek out assistance from the court to keep things working smoothly with the child.

We understand how difficult it is to have to turn to the court for help deciding what is right for your child. There isn’t any reason to dread the process, but it is important that you understand the process and your rights. We can help you with both of those so that you are better prepared for what will happen.

When you think about child custody matters, you have to think about what is best for your child. This isn’t something that should be used to prove a point to your ex or to try to get back at your ex. Instead, you have to put your feelings regarding your ex to the side and focus on what your child needs.

In most cases, it is best for your child to have both parents in his or her life. When we can, we will help you to work out a parenting arrangement that allows this to happen, as long as there aren’t any circumstances that would make a parent unfit. You can let us know what points you feel you are willing to negotiate on.

As your child grows, it might be necessary to revisit the points in the agreement. We can help you with working out modifications to the agreement as things need to be changed.

Coquitlam Divorce Lawyers

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
www.laughlinlaw.ca

Coparenting and summer visitation schedules

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, June 17, 2016.

Co-parenting over the summer can be very difficult. There are vacations to plan around, family events to attend and often competing schedules. However, with some communication and planning, it is possible to navigate the summer months without any significant issues.

Having a little flexibility can go a long way toward preventing summer custody issues and conflicts with your ex. Even if your parenting time order has a specific set of terms for the summer visitation, if you don’t mind changing things a bit to make things more convenient for your ex, it could better over the long term.

It’s important to remember that the focus during the summer months should be the same as the rest of the year: on the children. If your children want to spend a little extra time with a parent they don’t see very often; maybe it’s worth being a bit more flexible about how long your ex-has the kids or when you do custody exchanges.

However, predictability and consistency are essential to children, and there are some situations where it’s best for the children for the parents to stick to the schedule. This is especially true in cases where one parent may come in and out of the child’s life. If you feel that adhering to the letter of the court order is in the best interests of the children, that’s alright too. If you do have issues with your ex during the summer or believe there may need to be some changes made to the summer schedule, a lawyer can help.

Source: Huffington Post, “5 Tips to Prevent Discord While Sharing Custody of the Children Over the Summer,” Steve Mindel, June 07, 2016

Coquitlam Law Firms

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

How is pet custody determined?

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Monday, June 6, 2016.

While many couples going through a divorce disagree on matters of child custody and parenting time, a new type of custody case has been coming before the courts more and more: pet custody. If you or your soon-to-be ex-adopted pets during your relationship, it can be tough to decide who gets to keep which animals. However, it’s important to understand that the courts are very limited in what they can order when it comes to pet custody and visitation.

In most cases, pets are considered part of the marital property, which means the regular property division guidelines apply and they are not subject to things like custody and access. Like with other assets, the judge will be able to grant one party ownership of the pets and order that party to pay the other half of the pet’s value, but that’s all.

There have been some cases in the past, however, where a judge did give a specific order involving a pet custody case, so it is possible. It may be better, though, to try to work out an arrangement that is agreeable to both parties and then talk to a lawyer to see if it can be made part of the official divorce settlement.

As a last note, it’s important to understand that much of this only works in official property division settlements subject to a legal marriage and divorce. If you are not married to your partner or are unsure if the property division guidelines apply, it may be best to talk with a lawyer before moving forward.

Source: FindLaw, “Who gets custody of the family pet when a couple separates or divorces?,” Miriam Yosowich, accessed June 06, 2016

Real Estate Lawyer Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370