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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

Divorce mediation may be right for you

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, January 14, 2016.

In order to get a divorce, you might think that you can snap your fingers and it will happen. There are actually timeframes that are constructive to getting a divorce. It can be an emotional time and divorce mediation may be the way that you want to proceed.

If you and your spouse don’t hate each other and want to get a friendly divorce, mediating between you, your spouse and both of your lawyers can be a good idea. There are some things you need to do before the divorce is final. The first step is living apart. You must have lived separately for at least a year before filing for a divorce. This gives you plenty of time to work out the details of the divorce, things like property distribution and child support and custody. One way to speed things up is to prove that one of you was abusive or committed adultery. This makes it a quicker process.

Step two is filling out a form and filing it at the British Columbia provincial or territorial ministry of justice or the attorney general’s office. Your lawyer can do this for you. This way, you know it is done correctly.

You can file for an uncontested divorce. This will ensure that the separation happens in a timely manner. You submit the divorce application on behalf of both of you. Again, your lawyer can do this for you. Your application can be filed in British Columbia and will be reviewed by the Divorce Registry. This office sends notice to your spouse who has 30 days to contest it.

The fourth step is to complete all the paperwork that needs to be submitted. This includes Affidavit for Divorce, Clerk’s Certificate, and A Divorce Order.

One month after the Divorce Order is issued you can get your Certificate of Divorce. This is a process typically requiring the assistance of a legal professional.

Source: FindLaw, “Five steps to a quickie divorce,” accessed Jan. 14, 2016

Coquitlam Lawyers

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

Is it possible to get a child support payment refund?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Tuesday, December 29, 2015.

Sometimes things happen, and it is possible for one parent to have paid more child support that was ordered at that time. While these situations are rare, they can happen, and it’s normal to wonder what your options are. In most cases, if the child support order is ongoing, the extra payment will just be applied to the account, and you won’t be able to get a refund.

However, in the instance when you believe you have been paying too much child support because you have had a change in income status, there may be options. One of the most important things you can do as the payor on a child support order is to keep the child support agencies aware of your income and make sure that they have up-to-date information that reflects any new jobs, terminated employment or changes to salary.

If you have been keeping all of this information up to date, it may be possible to ask the courts to refund the overpayments. The easiest way to do this is to go ahead and draft an agreement between you and your ex and then present this to the court. However, it is also possible to petition the courts for a refund with an agreement; it will just be more difficult.

Getting a child support refund is not an easy process, and it is one where having a lawyer help you can be especially helpful. A lawyer can give you more information on how child support overpayments happen and how you may be able to pursue a refund.

Source: FindLaw, “Can I get a refund on child support overpayments?” accessed Dec. 29, 2015

Coquitlam BC Lawyers

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

Kelly Rutherford loses right to travel with children

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, December 24, 2015.

After more than three years, the custody battle between Daniel Giersch and actress Kelly Rutherford has come to a close. The couple has been involved in a heated custody dispute over their two children, now ages 6 and 9, since their divorce in 2012. At that time, Giersch had to return to Europe after there was an issue with his visa, and the judge in the case ruled the children could go to live with him since he would not be able to travel to the United States to see them.

The parents continued to disagree over the custody arrangement, however, with both sides accusing the other of parental alienation and making it difficult to have the court-ordered access to the children. The case came to a head earlier this year after the children had been in the United States to spend their summer vacation with their mother. At the end of the court-ordered visitation time, Rutherford refused to return the children.

It appears she had hoped that the U.S. courts would grant her custody of the children and allow them to come live with her again, but because she had moved from her original state of residence, the U.S. courts refused jurisdiction, officially sending the case to Monaco where the children have been living for the past few years.

The Monaco courts sealed their jurisdiction after they awarded Giersch full custody of the children and limited the actress’ visitation with the kids to Monaco or France. It is believed that the actress’ refusal to return the children earlier this year weighed heavily in this decision because she proved she could not be trusted to abide by the court order.

This very long and complicated case is a good example of everything that can happen when you are dealing with international custody cases. It also shows why it is important to always abide by the standing court orders and go through your lawyer to make and file for a modification.

Source: Cambridge Times, “Kelly Rutherford will ‘do better’,” Dec. 16, 2015

Lawyers Coquitlam BC

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