domestic violence and divorce

Living Together While Divorcing: Should You Move Out?

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While millennials get blamed for a lot, one thing they can’t be blamed for is a rise in the divorce rate. That’s because, between 2008 and 2016, the rate dropped by more than 18 percent.

Despite this, divorce is still occurring in an overwhelming number of marriages. And the overall divorce rate won’t matter much to you if your own marriage is coming to an end.

When a divorce is imminent, you’ll have a lot of decisions to make. One big one is where you’ll live during the divorce.

If you’re going through a rough spot, keep reading to learn questions you need to ask yourself before you decide whether living together while divorcing is an option for you.

Are You Safe in Your Home?

If you feel unsafe in your home, the answer to the question, “should I move out of the house before the divorce,” is simple; yes.

Maybe domestic abuse is the reason behind your divorce to begin with. Or your soon-to-be-ex has become violent now that he or she knows you’re leaving.

Whatever the case, if there is any chance that your situation may become physically or emotionally unsafe, it’s important to get out right away. Stay with friends or family if possible, as opposed to staying alone in a hotel, in case your ex does come looking for you.

If you need to stay in your home for any reason, you’ll need to figure out how to your spouse to move out during the divorce instead. This may require obtaining a restraining order against your spouse and getting a court order for him or her to leave the house so that you may remain.

If your spouse fights the restraining order and the order to leave your house, you need to decide whether or not you think it’s likely he or she will break the order. If you feel they might, it may still be safer for you to stay with friends and family rather than putting yourself or your children at risk by staying put.

Are Children Involved?

Divorce is always emotionally difficult. But when children are involved, things get much more complicated.

That isn’t to say you shouldn’t get divorced if you and your spouse have children.

In fact, research shows that most children will adjust to divorce within 2 years. But children of parents who constantly fight and don’t get a divorce experience more lasting emotional problems.

However, there are a few things you can do to help make the adjustment to a separated family less harmful to your children.

Deciding Who Stays with the Kids and Who Goes

Both you and your spouse remaining in the home together is one way to protect your children. But this is only a viable option if you and your spouse are on good terms.

The last thing you want to do is expose your children to endless arguments. If you know that you won’t be able to keep your fighting from occurring in front of your kids, it may be best for one spouse to move out.

The other option is to keep your children in your home and have you and your spouse trade off who stays there, on a set schedule.

If you know that you and your spouse will be co-parenting after the divorce is finalized, this may be a great way to start practicing while also protecting your children from some of the trauma of your divorce.

However, if you can’t trust your spouse or if one of you won’t be around enough to care for your children on your own, this may not be an option. In this case, it may be best for the primary caregiver to stay in the home with your kids while the other moves elsewhere.

Minimizing the Effect of Divorce on Your Kids

Another factor to consider is whether you will be fighting your spouse for custody. If you think you may need a child custody lawyer because your spouse thinks he or she deserves custody that you don’t feel they should have, this can make living together tense.

You don’t want your children to see you fighting with your spouse over who will be caring for them after the divorce.

While you don’t want your kids to see you arguing, that doesn’t mean you should keep everything from them. Being honest with your children about what is happening is important. Give them notice before any big changes occur, like one spouse moving out.

This will give your kids time to adjust to the changes, making them easier to handle.

Is Supporting Two Households Financially Possible?

If finances are tight, there may be no point in arguing about who has to move out in a divorce.

If you and your spouse can’t afford a second household and don’t have family or friends one of you can stay with, you’ll both need to remain in the house.

Unless you are on good terms, you may want to set boundaries on your living situation. This could include setting rules about having guests over, assigning separate spaces for each of you to use, and agreeing to split costs like food and household items.

If you have children together, deciding to keep any arguments to yourselves is a must.

If you know your divorce is likely to drag on, you might consider selling your home to give yourselves money to buy or rent two smaller properties that you could live in separately.

Living Together While Divorcing

Whether or not you and your spouse will be living together while divorcing is something you’ll need to decide for yourself. You’ll need to consider your personal situation, your children if you have them, and whether it’s financially responsible for one of you to move to a second home.

But there are other parts of your divorce that you shouldn’t handle on your own.

If you and/or your spouse have decided to end your marriage, it’s time to decide whether you want the help of a lawyer to navigate the process. Click here to learn 8 reasons why a divorce lawyer might be a good choice for you.

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8 Reasons to Hire an Attorney to Handle Your Divorce

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hire an attorney

Infidelity, financial problems, and conflict are some of the most common reasons for divorce.

No matter the reason for yours, it’s bound to be a difficult time in your life. That’s why you need to hire an attorney.

Divorce is a complicated and arduous process, and if you attempt to go through it alone, you could end up with more problems than you started with. In this post, we’ll tell you why you should have a lawyer on your side.

Read on to find out how they’ll make the entire process easier for you.

Why Every Divorcee Should Hire an Attorney

Not sure if you need a divorce lawyer? Here’s why you do.

1. Protect Your Rights

A lawyer knows exactly what your rights are and how to protect them.

They’ll ensure that you don’t have the wool pulled over your eyes during your divorce. Instead, you’ll be fully informed about the process you’re going through, what’s required of you, and what the conditions of your settlement are.

2. Handle the Paperwork

In any legal proceeding, there is a huge amount of paperwork involved. Divorce is no different.

If you try to go it alone, the sheer amount of red tape and documentation you have to navigate can quickly become overwhelming. For a divorce lawyer, dealing with these things is second nature.

They know exactly which documents you need and how to complete them. They’ll also make sure you understand what they all mean, explaining any legal jargon and complicated clauses along the way.

This streamlines the entire process for you.

3. Get Objective Advice

A divorce is an incredibly emotional time in anyone’s life.

While you’re going through this process, it can be hard to look at things objectively. That’s why you need an attorney. They’ll offer expert third-party advice, completely free of any bias or judgment.

This can help you to make the right decisions. They’ll let you know if any of your feelings or requests are unreasonable. They’ll also create a buffer between you and your spouse, so emotions can be taken out of communications and things can be handled in a more professional, effective manner.

This way, disputes, and disagreements become much easier to settle. The stress, emotion, and hassle are removed from the equation.

4. Speed Up the Process

The last thing you want is to drag out your divorce for months or years at a time. Ideally, you should come to an agreement that suits both you and your spouse as quickly as possible.

Without a lawyer, it’s very difficult to do that.

This is because you have to spend extra time figuring out the process and handling negotiations by yourself.

When you have an attorney on your side, everything moves faster. This means you can get everything finished and move onto the next chapter of your life much more quickly.

5. Expertise in Family Law

A family attorney has worked with hundreds of divorce cases before yours. In all likelihood, they’ve seen it all before.

The chances are that you’ve never been to a family court before. Even if you have, your experience can’t compare to the expertise of a lawyer.

After studying and practicing law for a number of years, they’ll have accumulated the expert knowledge and skills needed to handle your case.

When you have a great divorce attorney, you can feel completely confident about putting your case in their hands.

6. Keep Your Finances in Check

You’d be forgiven for thinking that it’s cheaper to choose not to hire an attorney for a divorce. After all, you could have to pay some hefty legal fees.

However, these fees are nothing compared to the amount you could lose if you choose to go it alone. Without the right professional guidance and advice, you could end up making financial losses that you regret for the rest of your life.

A lawyer can help you avoid losses like these by negotiating a reasonable settlement. They’ll also advise you on how to keep the cost of the procedure down.

7. Know Your Options

If you’re not familiar with the legal process of a divorce, you may not know what options are available to you.

This makes it easy for you to be taken advantage of. If you represent yourself, you will find yourself with limited options available to you, and your spouse’s lawyer will have the upper hand.

An experienced lawyer can let you know about options that you didn’t even know existed. They’ll present you with a variety of ways in which to approach and settle your case. Then, they’ll guide you through each one, so you can make an informed decision.

8. Separate Marital Assets Fairly

One of the hardest parts of divorce is letting go of everything you’ve built with your spouse.

This can include marital assets like property and cars, as well as finances. If you have children, you’ll also have the complicated task of making arrangements for child custody. Negotiating and coming to an agreement on these matters can be an extremely difficult process.

When you have an attorney in your corner, they’ll fight for you every step of the way, so that you can improve your chances of getting the outcome you want and deserve.

Find the Best Lawyer for You

Now that you know why you need to hire an attorney to guide you through your divorce proceedings, the next step is to find the right one.

It’s important that you have a good working relationship with your lawyer. A divorce is an extremely personal and emotional process, and you need someone who can provide the support and guidance you need, as well as the expertise.

There are hundreds of attorneys in your area to choose from, and it can be hard to know how to pick out the best ones. To find out, read our definitive guide on how to find a good divorce attorney.

Prenup Agreement Pros and Cons

A Complete Guide to Prenup Agreement Pros and Cons

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Prenup Agreement Pros and Cons

Nobody wants to think about their marriage not working out. But, in a world where 40-50 percent of marriages end in divorce, you need to entertain the possibility that things might not end well.

It seems that lots of couples are starting to think along these lines. The majority of attorneys have reported noticing an increase in the number of couples who are seeking prenuptial agreements, especially among millennials.

If you’re getting ready to tie the knot, it’s important to consider the benefits and drawbacks of a prenuptial agreement.

Read on to learn all the prenup agreement pros and cons so you can make the best decision for yourself and your partner.

What is a Prenup?

First things first, let’s clarify what a prenuptial agreement is.

A prenup is a legally binding contract that two people sign before they get married. In the agreement, the couple addresses the following issues:

  • The property they each bring to the marriage
  • The property they may acquire during the marriage
  • The property rights of each party should the marriage end in divorce

It’s not exactly romantic, but many couples believe that these are important issues to address before getting married.

Prenup Agreement Pros and Cons

As with anything, there are both benefits and drawbacks to getting a prenup agreement before you get married. Some of the pros and cons are explained below.

Pros

There are many reasons why couples choose to sign a prenuptial agreement. Some of the benefits that come from signing one include:

  • Protecting the inheritance rights of your children or grandchildren from a previous marriage
  • Protecting a business that you own (or partially own) so it’s not subject to your partner’s control should you get divorced
  • Protecting you from assuming your partner’s debts should they owe significantly more money than you
  • Ensuring that you will be compensated for your sacrifice should you choose to give up a lucrative career after you’re married
  • Limiting the amount of spousal support you’ll have to pay should you get divorced
  • Protecting your financial interests if you have substantial wealth and are entering into a second or subsequent marriage

If any of these benefits sound appealing to you or your partner, you may want to consider signing a prenuptial agreement.

Cons

At the same time, there are drawbacks to a prenuptial agreement, and this document is definitely not all-encompassing. Before you sign a prenuptial agreement, be sure to take the following cons into account:

  • You may have to forfeit your right to inherit your spouse’s estate when they die
  • You may not be entitled to a share of an increase in a business’s value, even if you contribute to the business’s growth
  • Your partner may interpret your desire to sign a prenuptial agreement as a sign of distrust — this can start your marriage off on bad terms
  • It’s hard to predict future problems with your marriage and compromises you make when signing the prenup could become problematic later on
  • The low- or non-wage-earning partner may not be able to sustain their lifestyle should the marriage end in divorce
  • One spouse may agree to terms that are not in their best interest because they don’t believe the prenuptial agreement will ever need to be called upon
  • The prenuptial agreement may prove to be unnecessary, especially since some states don’t allow issues like child support to be resolved through them
  • Some state laws cover asset and property distribution without the need for a prenup
  • At the time when the couple signs the agreement, it may be too early, especially if they don’t yet own property or have a lot of assets

As you can see, there are certainly drawbacks to a prenuptial agreement, especially if one partner makes significantly less money than the other or does not own any property of their own.

Who Should Get a Prenup?

It’s true that ay couple can potentially benefit from a prenup. But, based on the pros and cons outlined above, certain couples may see more benefits than drawbacks from signing a prenup before they get married.

The answers to the following questions can help couples determine whether or not a prenup might be a good idea for them:

  • Do you own real estate?
  • Do you have more than $50,000 in assets?
  • Is your annual income greater than $100,000 per year?
  • Do you own any part of a business?
  • Do you have more than a year’s worth of retirement benefits?
  • Do you or your partner plan to go to school while the other works?
  • Do you have employment benefits like profit sharing or stock options?
  • Does your estate name other beneficiaries or heirs besides your partner?

If you or your partner can answer yes to one or more of these questions, a prenup is probably right for you.

What About a Postnup?

If you’re still not sure what to do, remember that a postnuptial agreement (also known as a postnup) might also be an option for you and your partner.

A postnup is an agreement that you sign after your marriage that covers many of the same issues addressed in a prenup. Most couples who sign a postnup choose to do so after they’ve been married for a little while and know more about how they want to manage their household.

If one partner is on the fence about a prenup, a postnup might be a good compromise.

Do You Need a Prenup?

Now that you know some of the most important prenup agreement pros and cons, do you think a prenup is right for you and your partner?

If so, you’ll need to hire a family attorney to help draw up your prenup agreement. Don’t know where to find the right attorney?

Use our online directory today to find a great attorney near you.

Feel free to check out our blog as well for more legal advice and tips on choosing the best attorney for your needs.

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Your Step-By-Step Process to Finding a Good Divorce Attorney

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You and your spouse have decided to call it quits, and the decision has sparked a range of emotions within you. You’re ready to finally get on with your own life. However, you’re also overwhelmed — where exactly do you start?

If you’re currently facing a divorce, it’s paramount that you have a great divorce attorney from the get-go. We’ve compiled a step-by-step guide to finding a great lawyer so that you can navigate this hard time in your life with confidence.

Let’s get started.

1. Understand What You Need

Before taking any action related to your divorce, sit down alone and honestly assess your needs when it comes to several aspects of the divorce proceeding.

One of these aspects is cost. What budget do you have for legal costs and fees? The answer to this question might impact the kind of attorney you end up retaining. However, try to avoid establishing too low of a budget, as you’ll likely end up with a lawyer who cannot handle your complex divorce issues.

Another aspect to consider? Gender. Do you prefer a female or a male lawyer?

This is a critical question because some women, for example, feel much more comfortable talking about their sensitive situations to attorneys who are the same sex as they are. Meanwhile, other women might prefer a go-getting man who’ll have no problem going toe-to-toe with their dominating future ex-husbands.

Finally, how involved would you like to be in your divorce proceeding? If you prefer to be hands-on, you’ll need an attorney who will gladly explain to you what is happening at each stage of the case. In other words, your attorney needs to be highly communicative and proactive to work well with you.

2. Seek Out Attorney’s Names, and Interview Them

Now, it’s time to start looking for some potential lawyers.

Going online to search for lawyers is a great starting point thanks to the wealth of information available on the World Wide Web. A website that features several listings of attorneys, in particular, can come in handy.

Once you find the names of some local attorneys, it’s time to interview them. When you call to set up your first attorney interview, pay attention to how the law firm’s representative answers the phone. This will offer a peek into the type of service you’ll receive from the attorney working there.

When you finally meet the attorney, make sure that you ask plenty of questions concerning your divorce needs. A great lawyer will be able to provide you with clear, specific and straight answers to the questions you pose, rather than using legal jargon you don’t understand.

The attorney should also go over the major areas requiring attention in your case, including property division, child support, spousal support and child custody. For instance, he or she should tell you what you can reasonably expect to happen in each of these areas as you work to resolve your case.

3. Evaluate Your Potential Attorneys

After meeting all of your potential attorneys, sit down again and review each of their qualities.

For instance, did one attorney make you feel more comfortable than the others did? It’s critical that the divorce lawyer you select is empathetic and compassionate.

In addition, did a particular lawyer seem more competent than the others did? Be sure to choose an attorney who has several years of experience under his or her belt.

Also, make sure that your chosen lawyer’s personality is compatible with yours. After all, you’ll likely be working with him or her for months.

You additionally need to choose a local attorney, as this will save on travel-related costs. Plus, local attorneys are familiar with the local court system’s rules and procedures as well as the county judges. This is essential for getting through your divorce proceeding without glitches.

4. Count the Cost

So, you’ve settled on a lawyer who seems competent, compassionate and assertive. Before you make the final decision to go with him or her, take a closer look at his or her fees one last time.

The majority of attorneys have hourly charges and require their clients to submit deposits for their law services. Therefore, be prepared to pay a few thousand dollars as a retainer or deposit starting out.

Then, each month, you’ll get a bill that breaks down all of the legal work your attorney has done over the past month. Ask about the attorney’s billing and payment plans.

Also, note that the more complex your case is, the greater the number of fees you’ll likely have to pay. This is particularly true if one of your biggest areas of conflict during divorce is child support or visitation and child custody. Still, some attorneys offer their law services for flat or fixed fees, so this may be worth looking into as well.

In addition, ask your potential attorney about extra office-related charges that may crop up on your bill, such as those for long-distance calls, a fax service or copying services. Many attorneys charge amounts that are marked up for these common services.

Other extra charges to watch out for are those for experts such as a pension plan expert, forensic accountant, child custody evaluator or vocational expert. The attorney should be able to determine early on whether any of these types of experts will be needed as you progress through your case.

How We Can Help You to Find a Good Divorce Attorney

We offer more than 6,000 divorce attorney listings. Attorneys in your local area are easy to find thanks to our user-friendly interactive embedded Google map.

The cities that are searched the most for lawyers on our site are as follows:

  • New Orleans
  • Houston
  • Dallas
  • Austin
  • Washington, D.C.
  • San Antonio

We also offer several featured law firms and lawyers throughout the United States for your convenience. Our goal is to make your online attorney search as quick, easy and efficient as possible.

Get in touch with us to find out more about how you can find the right attorney for your upcoming divorce case.