Richard C. Bardi & Associates LLC

Boston Family Law Blog

Co-owners divorcing can be challenging for a business

Some couples decide to go into business together. This is a great chance to build something as a team, but it can be very difficult to cope with if the marriage falls apart while the company is still going strong. You have to figure out how to handle this situation if it occurs, and it might take time to do so because there might not be any easy answers.

There are several aspects of the situation that you will have to deal with when this happens. Even though they are all intertwined, it is best to compartmentalize everything. Keep your personal feelings for your ex away from your feelings about them as they relate to the business. You also need separate the financial matters.

Parental alienation requires a quick response

Few relationships are more significant than that between parent and child. After all, you have an opportunity to instill good moral character in the young one in your life. If you are sharing parental duties with an unscrupulous co-parent, though, you may become the victim of parental alienation. 

Parental alienation occurs when one parent tries to turn a child against the other parent. While it can take many forms, parental alienation often involves mental and emotional manipulation. Eventually, the child prefers one parent over the other. The child may even develop deep-seated hatred or resentment toward the rejected parent. 

Children shouldn't be messengers or reporters for parents

Your children are stuck in the middle of your divorce, but there are ways that you can help them to adjust to the situation. The goal of the child custody arrangement is to provide them with a stable home life even if it is between two homes.

One of the most important things that you can do as a parent is to ensure that they aren't using the children as messengers. Using them in this manner can entail a few different actions, so be sure that you are aware of all of them.

Help your children learn to be positive during your divorce

Divorces are often negative and messy. This can make your children feel uneasy about the future. It might help them to feel better about the direction they are going if you teach them how to have a positive outlook on life.

Encouraging your children to have meaningful relationships with both sides of the family is one of the ways you can encourage them to remain positive. Often, kids feel like they have to choose one side or the other, but they will probably experience a reduction in stress when they learn you want them to continue to interact with your ex's family.

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, needs 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. Or they may be a Down syndrome child or on the autism spectrum. Or they may have severe medical condition requiring round-the-clock care. 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.

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