Richard C. Bardi & Associates LLC

Boston Family Law Blog

An only child faces unique challenges during divorce

An only child is accustomed to having their parents at the home for support. When the adults decide to divorce, the support system is disrupted in a way that can have a negative impact on the child. Unlike kids who have siblings, only children don't have anyone else their age in the home who can walk the divorce journey with them. This makes it a more difficult transition for them.

One of the challenges that comes with a single child during a divorce is that they are more likely going to feel like their world is shattering. This can cause problems in their social life and at school. Their grades might suffer, but it might be hard for the teachers and parents to see the full scope of the problems that are occurring with the child.

5 times a postnuptial agreement makes sense

Weddings are a celebration of love and commitment. While the ceremony often brings flowers, friends and family members together, a marriage certificate does not guarantee a lifetime of happiness. On the contrary, you probably have about a 39% chance of divorcing, reports TIME. 

Prenuptial agreements are often an effective way for soon-to-be spouses to protect themselves financially and otherwise. If you do not have a prenuptial agreement, executing a postnuptial one may help you achieve the same goals. Here are five times postnuptial agreements usually make sense.

Know how parenting plan terms impact children

Child custody orders outline what can and can't happen with the children. These orders tell you what you are responsible for and what you ex must do. For many parents, these agreements are made during a negotiation process that enables each one to have a say in the final decisions. We know that this might seem daunting now because you have to deal with your ex to get this done, but we are here to help you work through these matters.

There are various facets of child custody that must be decided. Think about the decisions you make on a daily basis for your kids. You have choices about their education and their health care. You approve their extracurricular activities and social events. When you have a child custody agreement, all of these aspects might be discussed, so you will need to review the agreement before you make any choices.

Know what you can include in a premarital agreement

A prenuptial agreement is a topic that many people who are engaged don't really want to talk about. Some of them assume that discussing this document means that they assume the marriage will fail. This isn't at all the case. Being able to work out a premarital agreement could mean that the union is stronger than average because you have a mutual understanding about the financial matters before you say "I do."

There are several things that you need to consider if you are going to have a prenup. One of the most important is that you need to know what can be included in the agreement. You should distinguish what is considered marital property and what is considered separate property. Don't think only about things that you have now. Think about possible inheritances that you might receive in the future.

Learn your options for civil matters in which you're involved

People sometimes file civil claims after accidents that cause injuries and other damages. These cases can also involve business matters or family law issues. In all of these instances, you must know what outcome you want and how to present your case. It can be a complex endeavor in some circumstances, but knowing a few points about the civil court system might be beneficial.

One thing to remember in these cases is that your case is independent of any charges that are pending in the criminal justice system. The civil court system and the criminal justice one are separate entities. In the criminal justice system, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. In the civil court system, the standard is lower, a preponderance of the evidence, to assign liability.

Set terms for company roles after you divorce your co-owner

Divorcing is a complex undertaking when there are assets in question. When one of those assets is a business, you have to think carefully about what is going to happen with the company. One of the options that you have is to continue things as they are going now – with both you and your soon-to-be ex running the company. This is usually only possible if you can work as a team.

We know that you might wonder if this can truly work. In most cases, it can work just fine as long as both parties carefully consider the arrangement. You have to move toward a business-like arrangement instead of having a personal one.

Educational and extracurricular aspects of parenting plans

Co-parenting your children in a post-divorce world does not have to be a nightmare. With a comprehensive parenting plan, you proactively address many parental issues. What constitutes a good parenting plan, of course, depends on your situation. If you have children in school, though, you likely want to address both education and extracurricular activities in your agreement. 

Parents regularly focus on custody, visitation, medical care and religious practices when drafting parenting plans. Modern parenting plans, though, are often significantly more robust. If you forget to include educational and extracurricular aspects when writing your agreement, you may be asking for trouble. Here are four subjects you may want to address: 

Extraordinary medical costs: A consideration for divorced parents

While many people think about the regularly recurring payments from one parent to the other when they think about child support, this isn't the only thing that these orders cover. The court will usually set the standard for which parent needs to include the child on their health insurance coverage. Another consideration is who will pay the extraordinary medical expenses for the child.

The out-of-pocket medical costs that you have to handle for the child depend largely on the type of insurance the child has. These include things like co-pays, deductibles and uninsured health expenses. There has to be a set standard for who will pay those.

Set the standard for parenting in your home

Children are usually pretty flexible, so you have to remember that when you are trying to set the parenting plan after your divorce. But just because they are flexible doesn't mean that they won't have problems adjusting to the divorce. Your job as their parent is to make sure that they have the support and tools to live their best life now.

When you think about the child custody agreement, make sure that the child has time with both parents. Take the time to let them know that building a relationship with both parents is important. There are only a few situations, such as if a parent is abusive, that this isn't appropriate.

3 tips for coming up with a suitable parenting plan for your kids

The process of determining what type of child custody arrangement will work for your children can be complicated. There are several things that you can do that might help to facilitate a respectful and productive negotiation process for all matters related to the children.

Remember that you have to put the children's needs first. It doesn't matter what is easiest for you or hardest for your ex. When you make up your mind that you are going to focus solely on the children, you may realize that many factors simply fall into place because it is obvious that what will be best for the kids.

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