Richard C. Bardi & Associates LLC

Boston Family Law Blog

Prenups can go beyond only basic asset assignment

A prenuptial agreement protects both individuals from losing out on the assets they deserve and from having to pay for debts that aren't theirs in the event of a divorce. Developing a prenup that is enforceable doesn't have to be a mystifying process. You just need to know what you can include and what you can't.

On the basic side of these agreements, you can include information about who gets which assets if there is a divorce. This is a good way to ensure that inheritances and similar ones are protected. You can also include information about debts, such as student loan debts that each spouse had coming into the marriage.

Divorce litigation takes a lot out of you

Many people choose to go through the mediation process to resolve a divorce. Unfortunately, others have to go through the long process of civil litigation to legally end the marriage. This process takes much longer and is usually more intense.

Getting ready for the trial and going through it can take up a lot of your time. You and your ex might begin to feel animosity toward each other. If you have children, they may pick up on the tension and start to react negatively to the situation.

Primary custody concerns for special needs children

If you are going through a divorce, you may worry about dividing marital property and securing your financial future. Of course, if you have children, you must also focus on their future. A special needs child, though, may need extra attention. 

There is no such thing as a standard special needs child. Your young one may have physical limitations that make navigating everyday life difficult. Alternatively, he or she may have autism, a medical condition or another disorder. While virtually all children need some guidance after a divorce, special needs kids may require a bit of additional assistance. 

Behavioral problems can come with a divorce

Children can sometimes have behavioral challenges when their parents are going through a divorce. This is a problem that the adults must address right away because it can manifest into serious problems if it is left alone. There are several things that parents can do when they think that their child is suffering from negative impacts of the divorce.

Both parents will likely have to work together to come up with a consistent plan for addressing the problem. This lets the child know that no matter where they are at the time, the issue is going to be addressed immediately.

Don't set unrealistic expectations in your parenting relationship

Going through a divorce is a big change for any adult, but the impacts are felt even more by parents who are trying to keep their children protected from the negative aspects of the situation. It is imperative that you think carefully about your expectations so that you aren't facing added stress by expecting certain things to happen.

One thing that you should never think is that you are going to be able to stop communicating with your ex. If you have children together, you will have to remain in regular contact as long as the children are minors. Instead of wishing this wasn't the case, you need to put your best foot forward and start the parenting relationship off with respect and understanding.

Bring up a prenuptial agreement in the right way

A prenuptial agreement protects you and your future spouse, but it is something that can be hard to discuss with them. This is because of preconceived notions that you are planning for the marriage to fail if you want to have an agreement in place. One thing that both parties must remember is that the premarital agreement will provide equal protections since it can't blatantly favor one person over the other.

When it is time to bring up the subject, you need to make sure that you are doing this in the best manner possible. Make sure that you are in the right place. This isn't something to discuss over dinner at a restaurant unless you have both already agreed that one needs to be established. Instead, bring it up in private or with your marriage counselor.

Working with your ex at the family business after a divorce

One of the challenges that comes with having a family business is being able to keep the business afloat if you go through a divorce. For some, this means keeping a meaningful working relationship. If you have to continue to work with your ex because you decided to keep the family business structure the same regardless of the divorce, there are some points that you need to consider.

While you are working out the details of the business relationship, you need to be as detailed as possible. Each person should have a clear grasp of what their duties will be for the company post-divorce. This needs to be stated very clearly so that even staff members know who to approach with specific issues.

Will divorce mediation work for you?

Contrary to popular belief, getting a divorce does not mean you need to go through the courts. In certain circumstances, alternative options such as mediation may be better. But how can you be sure divorce mediation is going to work for you?

There is no formula to determine whether you and your spouse will succeed at mediation. Sometimes, litigation is inevitable, but certain factors can help you figure out if it is worth a try.

Choose your negotiation methods for child custody carefully

Devising a workable parenting plan for your children can be rather difficult. One thing that can be hard for parents to understand is that they can't have their own way on everything. Taking the time to ascertain what is in the best interests of the children can be beneficial in these cases. There are some points that you will do well to remember as you go through this process.

You can't put anything or anyone before the children in these cases. Their needs are the only ones that matter. This can be hard to handle when your emotions are still raw from the split. Take the time to address your feelings and then put them in their place. Now is the time that you can only do what your children need you to do, even if that means that your ex "wins" some points in the custody arrangement.

Know specific points contained in a child support order

Child support is a way for a noncustodial parent to help pay for the expenses of the children because it isn't right for one parent to shoulder the entire financial burden of the kids. For the most part, the child support is ordered by the court, which means that the paying parent must cover at least that amount. It doesn't mean that it is the maximum that the parent can spend on their children.

One thing that is confusing about child support for some people is what it is supposed to cover. In a nutshell, these payments are meant to help with the costs of the child's basic needs. Once those are paid, the support payments can be used for anything else related to the child. Because housing, food and utilities are basic needs, the child support payments might be used to pay for those even though others in the home also enjoy the benefits of them.

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