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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/

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

Important parts to include in a court order

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, May 5, 2016.

A formal court order is one of the most important things you can have in your child support case. It protects both the parent paying the support and the parent receiving support because it ensures that there are specific parameters for the payments. Either party violating these parameters may result in the case having to go before the court and negative consequences for the parent who is not following the terms. Because of this, it’s important to make sure the agreement is thorough and covers all of the different elements.

The court order should include the basics, such as which parent will be paying the child support and who will be receiving it. The order should include the names and ages of each child subject to the support order as well as when the payments are to start and whether anything needs to be backdated. Other important things to include are how often the payments should be made, the exact amount of the payments and at what date the payments will end.

In addition to the formal court order, there may also be the child support worksheet attached. This form lists the income for both parents as well as any pertinent expenses or adjustments. If these numbers change significantly as time passes, it may be grounds for a review of any change to the child support order.

Sometimes, there are cases that involve children who require special or extraordinary expenses. These should be stated in the order and include the type of expense, which child it relates to and how much each parent will be responsible for. An experienced attorney can review your child support agreement and note any areas that may need a closer look.

Source: Family Maintenance Enforcement Program, “Obtaining a court order,” accessed May 05, 2016

Coquitlam Law Firms

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

The real estate market’s impact on divorce settlements

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, March 30, 2016.

Because the family home is often the most valuable asset a divorcing couple has, it’s common for there to be disagreements over who should get to stay in the house. While the booming housing market and increasing property values may sound like a good thing to most, it can mean added stress and more difficult in property division for those divorcing.

Canada recognizes that both parties have an equal right to the marital home, and this is true even if the house is only in one person’s name. However, this can be problematic if the house is of significant value. There are a few different options when it comes to deciding what happens to the family home. The first is that the couple agrees that one party is to keep the house and the other party gets other assets to ensure an equitable division. The second is that the couple must split the value of the house.

This second option means that either one party must buy out the other or the property must be sold, and the profit split between both parties. The problem with the increasing house values is that it’s becoming more and more common that one party can simply not afford to buy out the other, meaning the house must be sold. The market is changing rapidly as well, which means that a house may increase in value substantially from the time of the divorce filing to the settlement, particularly if the settlement process takes several months.

If you and your soon-to-be ex-spouse own a home, it’s important to discuss the implications and options with your lawyer as soon as possible. In some cases, you may need to have more than one done or speed up the settlement process.

Source: Global News, “How Metro Vancouver’s hot real estate market can affect divorce settlements,” Jon Azpiri, March 15, 2016

Coquitlam Divorce Lawyer

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