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5 Tips to Reach a Better Outcome for a Messy Divorce Settlement

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Divorce is complicated. Some people could even confirm that no one wins in a divorce. There are bad things that come forward such as cheating on someone, lying and various types of abuses that happen in a marriage that can ultimately lead to divorces. The goal of this article is not to provide advice to someone going through a typical divorce, but to offer tips to a person going through an unnatural divorce.

1. Get Your Team in Order

No case is won with an inferior team. While you do not need an expensive A-Team, you do need a competent attorney that is experienced. There are many things that can come out in a divorce, and it helps significantly to be prepared for any potential situation. A family law lawyer, or team of them, is qualified to represent you in your case. You have to have full confidence in your legal representation, or you will have to find another expert.

Because finances are part of every legal end of a marriage, it can help to include a Divorce Financial Planner. It is these professionals that work to minimize any financial setbacks that might occur when a proposal is received from a third party.

Finally, it can be helpful to seek out a therapist that can provide support to you or your minor children. There are many emotional and psychological factors that exist in every divorce. Making sure that your emotions are in check due to guidance from an expert can help you to become a stronger human being during the legal separation from your partner.

2. Do Not Move Out

Some men and women make a mistake when a divorce case is filed: they leave home. Do not move out whether you are by yourself or if you have children. You do not want a court to rule in favor of your spouse which is called “de facto possession.” Due to the range of emotional issues that are encountered, keeping access to your current home is a smart decision. You have a right to live where you are right now regardless if you or your spouse has already filed divorce paperwork.

3. Keep Your Assets Safe

Some say that divorce is like a war. People tend to do things they would not usually do. People can hide money, spend too much money or sell off personal assets without telling a spouse. Keeping good records can help you before and during the divorce process. You can make a list of what you currently own, get copies of tax records, current loan statements, credit card bills and other financial data. It is best to obtain data going back two years or more of each record type.

Having this range of documents can help you to be prepared during the pre-divorce stage.

4. Expect the Unexpected

While in court, anything can be brought up by your spouse. If you’ve ever had any type of verbal or physical altercation, this event can and usually will be brought forth. Things such as a retaliatory post on Facebook, argumentative texts, confrontational emails or any other thing may be perceived as being negative. It is also a good idea to never speak in a negative way about your imminent ex while in the presence of your children. If you do not want a judge to read or hear what you’ve written or said, be calm and quiet as possible until your court date.

An excellent divorce lawyer will already know what might be brought forward in court. By being honest with your legal team, and keeping a cool head, you put yourself in a better position to reach a positive outcome.

5. Brain Power Versus Your Heart

There are many people that end up relying on their heart in a divorce case settlement. No one said that divorce is easy to go through. With that being said, you have to take away the emotional attachment that you have to your spouse. By thinking with your brain, you will be able to prepare easier and act in a more professional manner. Your emotions will be disconnected, and this could help you greatly in your settlement. If you make a poor decision based on your emotions, that decision can haunt the outcome of your divorce. Your legal team and therapist can coach you through what will likely be the hardest time of your life.

The financial and real estate settlements that are part of a divorce will require your full attention, and the ability to think without emotional baggage might improve your overall success rate.

Divorce Lawyer Coquitlam

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

Death of man paying child support leads to complex court case

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On behalf of Laughlin & Company Lawyers, Mediators posted Child Support on Sunday, August 13, 2017.

When a man who was shelling out money to support two families dies, some sticky problems can arise. The deceased, a citizen of Canada, was paying spousal and child support to his ex-wife. They had two children. However, he was also caring financially for his fiancee and their unborn child. When the married couple divorced, the man not only agreed to support payments but also to keep his former wife on his life insurance policy as the irrevocable beneficiary.

The man agreed to keep up his million dollar policy without an end date or a reduction. But when the couple separated, the man, who continued to live in Canada, became involved with a woman who lived in the United States. He developed cancer around the same time his girlfriend — who would become his fiancee — became pregnant with their son. The man died before his divorce became final.

The man had a will prepared before his death and in it — contrary to a court order — he wanted his estate, and life insurance shared between his wife, their two kids and his fiancee and her yet unborn baby. This resulted in a trial and two appeals. The man’s estate was insolvent, so the only asset was the life insurance policy.

Ultimately, the court of appeal decided that the man’s wife and their children were creditors but limited their rights. The court said they were creditors only in that proceeds of the policy were needed to satisfy the deceased man’s obligations for the child and spousal support. Any remaining amount would be considered as dependant’s relief for his fiancee and their son.

Sometimes family law issues can get complicated. It’s vitally important to sit down with a lawyer to discuss issues like child support in the event of filing a divorce or separation. A lawyer in Canada who is experienced in family law can answer any questions, provide guidance and offer ongoing support.

Divorce Lawyer Coquitlam

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

Source: financialpost.com, “Support payor’s death leads to complex court case involving estranged wife, fiancee and an unborn child,” Laurie H. Pawlitza, Accessed on Aug. 11, 2017

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/

High-asset divorce and property division

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Thursday, April 7, 2016.

While the basic process of divvying up the assets and debts is the same no matter how much the assets are worth, things do get more complicated when you start dealing with high-value assets. In some cases, you may not even be aware of all of the assets that qualify under the Family Law Act. This is one reason why it is so important to discuss your case with a lawyer in British Columbia who can help you understand how the property division process will take place and how to make sure there is full financial disclosure.

The first step is always for both parties to make a list of all of the assets. For most people, this includes bank accounts, real estate holdings and any automobiles. However, those going through a high-asset divorce may also need to consider things like investment accounts, antiques, and any businesses either party owns.

The next step is to discern the value of each of these assets. It’s important to understand that an asset is valued based on the date the couple separates or is no longer living together. This is important to keep the divorce proceedings moving along. If the property division had to be restarted every time a property value fluctuated with the real estate market, for instance, it would make coming to a settlement very difficult.

Once the total value of the couple’s property has been calculated, any debts are subtracted off this amount. The resulting figure is divided in two and this would be the amount each party would get. However, this still depends on several factors. Often, a settlement will include payments from one party to the other, called equalization payments, and a lawyer can provide more information on this.

Source: FindLaw, “Calculating family and equalization payments,” Casey Watson, accessed April 07, 2016

Divorce Lawyer Coquitlam

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

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

British Columbia ends clawback program

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, November 20, 2015.

In the past, single parents residing in British Columbia faced issues if they were both receiving child support payments and government assistance. That’s because officials were deducting the amount the parent was receiving in child support from what they would have received through government assistance. For instance, if a parent qualified for $125 a month in government assistance but was also getting $50 a month in child support, the government assistance would automatically be reduced to $75 a month.

Many claimed that this unfairly penalized low-income single parents, and it appears that the government finally agreed. The budget released on November 10 showed that the so-called “child support clawback” would be discontinued. Once the changes are implemented, single parents on assistance will get any child support payments made to them as well as the full amount of assistance they are entitled to through the government programs.

According to reports, the changes are set to positively affect over 3,000 families and around 5,400 children in the province. While critics are quick to point out that the changes are expected to cost the government an estimated $13 million a year, many supporters say it is stepping in the right direction.

Any time there is a change in government policy or procedure as it relates to child support or any other issue, it’s normal to be confused and want to be clear about how this will affect your situation. Talking with a lawyer can help you be better prepared to deal with any changes that may affect you and help you get more information so you can move forward with confidence.

Source: Global News, “B.C. ends child-support clawback for poor parents,” James Keller, accessed Nov. 20, 2015

Divorce Lawyer Coquitlam

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