Archive for year: 2016

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Dividing property during a divorce requires thought

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Friday, March 25, 2016.

Getting a divorce involves a host of different considerations. One of the issues that you have to go through is the property division. This isn’t always something that is easy to do. Instead, you might find that some items are the subject of contention. We can help you to learn about what options you have when it comes to property division.

One of the biggest items that might become the source of a fight in the house. If you own your home, there are several different points that you have to think about. The main point is how much you still owe in payments on your home. This can be a big downfall if you are going down to one income after the divorce. You have to think about the payments for the home, as well as the maintenance of the home.

You also have to think about all of the debt that you have because you don’t want to end up being the person who has to pay off all the debt without getting any of the assets. This can make or break your settlement. We can help you learn how to balance out the debts and assets so that you come out with a settlement that puts your best interests at the heart of the matter.

Being informed is one of the best things that you can do when you are filing for a divorce or when your ex-has filed for a divorce. We can help you to learn how the British Columbia laws pertain to your case.

Divorce Lawyer Coquitlam BC

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

How is child custody determined in British Columbia?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, March 18, 2016.

One of the most important things that happen during a divorce between people who have children is the child custody order. Child custody is one issue that can cause great strife between parents. Learning about some basic points of child custody can help you to know what to expect. It can also help you to make decisions during the child custody determination process.

What is the difference between access and custody?

Access is granted to the parent who doesn’t have custody of the children. Custody is either sole, joint or split. This term means who the child will live with. If a parent has sole custody, that parent’s home is where the child lives most of the time. The other parent would usually have access to the child, which means the right to visit the child and ask about the child.

How is child custody determined?

When parents can agree about what will happen with the children, they can often come up with a parenting plan on their own. In this case, the agreement would be what governs the child custody issues. If the parents are unable to come to an agreement about the child, the court will have to step in to decide on a custody order. The court will consider all factors presented to it before deciding what is in the child’s best interests.

If you are in the midst of a child custody battle, you should understand your rights. You should also work to understand how the law pertains to your case. All of this is crucial so that you can make decisions whenever necessary.

Source: FindLaw Canada, “How is child custody determined?,” accessed March 18, 2016

Coquitlam BC Divorce Lawyer

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

Divorce mediation can end your marriage faster than a trial

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, March 11, 2016.

Going through a divorce can be as easy or as difficult as you and your ex-make it. If you and your ex can work together with the help of a mediator, you might find that your divorce goes a lot smoother than you expected. While having to work with your ex to come up with the terms for the divorce, you might be willing to do so when you find out that you can often get things handled faster and for less expense than if you wait things out and go to court.

We know that you are having a rough time right now since you are having to deal with the end of your marriage. We can help you to learn about your options and rights as you go through the divorce. We want you to fully understand every point that affects your divorce.

As you go through the mediation process, you must make sure that you aren’t letting your emotions get the best of you. Instead, you need to decide what points in the settlement are non-negotiable and which points can be negotiated. This gives you a starting point so that you can decide how you are going to address all of the points your ex-raises.

We are here to help you throughout the divorce process. You don’t have to go through everything trying to figure it all by yourself. Instead, we can help you explore each factor that will affect your divorce. This gives you the information that you need to make decisions as you go through your divorce.

Coquitlam Lawyers

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

What qualifies as an extraordinary expense?

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On behalf of Laughlin & Company Lawyers, Mediators posted Child Support on Wednesday, March 2, 2016.

When a child support order is put in place, it takes into consideration a variety of factors. Everything from the parents’ current incomes, any annual bonuses, children either parent is already supporting not covered by the court order and the children’s expenses are all part of the calculation. While the child support order is to pay for the vast majority of the children’s expenses, there may sometimes be special or extraordinary expenses that need to be taken into account.

The most common of these is health care expenses. While regular doctor visits and routine care may not need special negotiation, things like orthodontia are extremely expensive, and it can be unfair for the custodial parent to shoulder most if not all of the responsibility for that burden. Other situations may be when a child requires ongoing treatments or care for a chronic illness or mental health issue.

It is best to anticipate these situations and go ahead and make provision in the court order at the time it is established. In most cases, the courts — if they approve the extraordinary expenses — will split the costs according to a certain percentage depending on each party’s income. However, you and your ex can also choose to split the amount 50/50 or another way and ask the courts to approve your agreement.

If you have questions about what special or extraordinary expenses may be and how to make sure these are covered with a court order, an attorney can help. Gathering more information on your options and what the law allows in British Columbia is the first step.

Source: People’s Law School, “Child Support in BC,” accessed March 02, 2016

Lawyers Coquitlam

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

What are some ways to cope with divorce?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, February 25, 2016.

Nearly everyone knows at least one person who is divorced or is currently going through the process, but this doesn’t make it any easier if and when it happens to you. Learning how to cope with the challenges of ending your marriage is important to your mental health, your children’s adjustment and how well you are able to move forward with your life.

  1. Remember that this is temporary.
    Right now your world is being turned upside down, and it’s easy to get lost in the swirl of emotions, court appearances, and cycle of blaming. Take a step back — and a deep breath — and remember that while your divorce may be permanent, the process is temporary. It may take a few weeks, months or even years, but eventually, you will be in a better place.
  2. Focus on the children.
    Putting your energy into making sure your kids are taken care of and coping as best as possible with the divorce can give you something else to focus on other than your ex or your own negative emotions. Divorce is very difficult for children, particularly if there are ongoing custody issues, and it’s important to spend plenty of one-on-one time with them during this process.
  3. Have someone to vent to.
    Divorce is a very difficult process, and it’s normal to feel anger, sadness, and grief — sometimes within just a few minutes of each other. Whether it’s a trusted friend, family member or professional, having someone to talk to can help you get your feelings out in a healthy manner so you can focus on positive interactions with your ex and a smooth transition for the children.

Source: Slate, “Seven ways to get through a divorce when you have small children,” Lara Bazelon, accessed Feb. 25, 2016

Coquitlam Lawyer

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

British Columbia ranked best for common law relationships

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, February 17, 2016.

While common law relationships are not recognized in every province in Canada, a recent news article covering those that do rank British Columbia as the most “common-law-friendly province.” This was mainly because of how quickly cohabitating couples are considered to be part of a common law relationship.

Under the province’s laws, once a couple has lived together for two years, they are considered to be in a common law relationship. This means that the parties have the same rights as married couples and are governed by the same debt and asset division guidelines in the event the relationships dissolves. However, many people in these relationships may not be aware of these rights.

In today’s society, it’s not unusual for dating couples to live together for a few years before deciding to marry. In these situations, the parties may not even be aware that they are technically in a common law relationship. This means that if/when the relationship ends, it’s easier for one person to end up with most of the assets or more than one’s fair share of the debts.

One of the most important things you can do to protect your rights and interests when a common law relationship or marriage is ending is to understand how the laws apply to your case. Talking with a lawyer about your situation as well as your wants, needs, and expectations can help you be better prepared as you go through the court process. Understanding the steps also helps you develop adequate expectations on how long the process is likely to take and what you may end up with at the end.

Source: The Canadian Press, “Common-law couples can be ‘woefully ignorant of their rights’: lawyer,” Melanie Patten, Feb. 11, 2016

Lawyer Coquitlam

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

What kinds of actions can undermine mediation?

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

Divorce mediation can be an invaluable tool for those who want to make the process of ending their relationships as quick and painless as possible. However, mediation is also a rather fragile process, and it doesn’t take much for one party to feel like the other is being too adversarial for it to work. Here are a few of the things to avoid when you are working through a divorce mediation.

One of the biggest things to avoid is dating. While you may want to focus on moving on quickly, there are often still a lot of feelings involved with couples who are divorcing. If your soon-to-be ex-finds out that you are already romantically involved with someone or actively looking for a new partner, there could be enough of a flare up in the anger and resentment to stall or put a complete stop to your mediation negotiations.

It’s also a good idea to avoid airing your divorce on any social media. While you’re at it, you’ll also want to avoid snooping on what your ex is doing too. Social media pages are fair game if the mediation doesn’t work out and the case ends up going to trial. Keeping track of what your ex is saying or doing makes it harder for you to be objective in the mediation process.

It’s best to go over what you should avoid and what is OK during the mediation with your lawyer. Having this conversation early on in the process makes it easier for you to be able to give mediation your best effort.

Source: Forbes, “Divorcing Women: Don’t Make These Five Costly Mistakes,” accessed Feb. 12, 2016

Lawyer Coquitlam BC

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

January continues as divorce month

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Thursday, February 4, 2016.

In the family law field, January is known as Divorce Month because it is one where attorneys often see a sudden influx of people wanting to know more about the legal and financial ramifications of ending their marriages. While many of these divorces won’t actually be finalized until months later, it’s important to gather as much information as possible so you can be prepared should you make the decision to move forward.

One possible reason for this increase is the normal self-reflection and reevaluation of life goals that happens around the first of the year. Many people are taking stock of their lives, relationships, current obstacles and where they hope to be in the next five to 10 years. This thought process often leads people to reconsider whether they are truly happy and fulfilled in their marriages or if they are just going through the motions.

The beginning of the year is also the calm after the storm and stress of the holiday season, and many couples find themselves dealing with unmet expectations and frustrations from the months before. However, a divorce should never be an impulse decision. It’s important to really think through your situation and discuss the particulars with a family law attorney who can provide some legal guidance and outside perspective.

It’s important to be fully informed of the possible options and outcomes. If you do decide to move forward and file for divorce, your attorney can help you understand what paperwork you will need and what particular issues you may be facing, whether they be child custody, complex property division or alimony.

Source: Huffington Post Canada, “Divorce Month: Why Marriages End In January,” Nathalie Boutet, Jan. 22, 2016

Coquitlam BC Lawyer

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

Mediation and property division

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Friday, January 29, 2016.

When a couple divorces, one of the most difficult things to deal with can be property division. If you and your soon-to-be-ex can’t stand to even be in the same room together, negotiating who gets what property can be truly frustrating.

At Laughlin & Company Lawyers Mediators, we work with our divorcing clients to minimize the stress and frustration so common in divorce. We provide a variety of options for determining property division as well as child custody, child support, and spousal maintenance. Even if you did not have a marriage agreement in place, a mediated divorce can save you time and money.

Mediation is voluntary, but it can often keep a court from having to decide who gets what. Mediators are not on one party’s side or the other — they are impartial and fair. By putting a mediator’s skills in negotiating to work, couples can come to an agreement that the court will uphold. After mediation is over, both parties are then advised to have their own lawyers review the final settlement to make sure their rights are protected.

If mediation does not work, then the matter will go before the court. The judge will divide most of the assets and debts equally. That may or may not be a fair solution for you and your ex, depending on your assets and debts.

Property division can be even more complex if there are numerous real estate properties, investments or collections that must be divided. We will work diligently to make sure you get your fair share.

To learn more about property division, please visit our webpage on this and other divorce topics.

Family Lawyers Coquitlam

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

When does a child get to pick which parent to live with?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, January 19, 2016.

Children often have strong feelings when their parent’s divorce, and it can be very difficult for them not to feel like they have to take sides. Even when both parents are making every effort to keep the best interests of the children as the main priority, it’s normal for there to be some issues that come up as time passes.

One common issue is that the child wishes to decide which parent to live with or wants to stop visitation with the noncustodial parent. Many people are under the misconception that there is a certain age at which the courts allow the children to choose which parent they want to live with. However, this is not actually the case.

There is no set age when a child’s wishes become a determining factor in a custody case. If the child is old enough to form one’s own opinions based on reason and not just emotion and can articulate those opinions to the family courts, the child’s wishes may be considered. However, it’s important to understand that they are only taken into consideration and just because a child wishes to live with a certain parent does not mean the courts will agree.

The courts are always and only concerned with the best interests of the child, and in many cases, the children may not be mature enough to have the foresight to understand what is truly best for them. The courts must also watch out for signs of parental alienation or one parent attempting to turn the child against the other.

Source: Family Law in British Columbia, “Parenting, custody & access,” accessed Jan. 19, 2016

Coquitlam Family Lawyers

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