Blog – John M. Kvartek, PLLC

The Divorce Process: Do’s and Don’ts

Tue, 21 Nov 2017 22:08:00 GMT

The Divorce Process: Do’s and Don’ts

Everything seemed so simple at the start of your romance; you never expected divorce to be such a difficult process. Even in the best of circumstances, tempers may run high, and every decision can seem to be more stressful than the last. It is only human to find yourself reacting emotionally at certain stages of a divorce, but it is important to remember that your actions throughout the process can affect your familial, emotional, and financial situation for years to come. Following are some “do’s and don’ts” for the divorce process.

The Do’s:

DO be reasonable and cooperate as much as possible with your soon-to-be-ex. Reasonable compromise yields quicker and easier results in divorce cases.
DO support your children through this process. It’s even tougher on them than on you. Don’t make them pick sides.
DO let your spouse know when and where you will spend time with your kids while you work out permanent custody arrangements. Your spouse might think you’ve made a run for the border — and if your soon-to-be-ex has to ask the police to track you down, that won’t look good during custody or visitation hearings.
DO fully disclose all your assets and property. A court can throw out a divorce decree based on financial deception, putting you back in court years after you thought everything was final.
DO know your options. Depending on your circumstances, you may be eligible for a non-divorce alternative like summary dissolution, annulment, or legal separation.
DO your own research. With a little help, you can be well-informed regarding: Where to file for divorce and what divorce forms you need;
Child custody;
Child support;
Spousal support (alimony); and
Divorce trials, alternative dispute resolution, and out-of-court settlements.

DO ask your attorney if anything doesn’t make sense. Your attorney works for you, and should help you understand every part of the divorce process.

The Don’ts:

DON’T lose your cool. No matter how frustrated you get, don’t make matters worse by lashing out at your ex or your children.

DON’T make big plans to take a job in another state or move out of the country until your divorce is final. Your new life could interfere with getting your divorce finalized.
DON’T violate any temporary custody or visitation arrangements. It could make it tougher for you to get the custody or visitation rights you prefer.
DON’T “give away” property to friends or relatives and arrange to get it back later. Hiding property can mean your spouse can take you back to court to settle those assets.
DON’T go it alone. Divorce is complicated, and an attorney can make sure that your interests are protected.

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What happens to our property and debt if we get divorced?

Tue, 20 Jun 2017 21:59:00 GMT

The easiest way to deal with property division during a divorce is to decide how to divide the property up amongst yourselves. However, because most divorcing couples aren’t able to amicably decide how to deal with divorce property division issues, however, the matter usually ends up in court. There are two general ways to handle divorce property division.

Community Property: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Puerto Rico are community property states. This means that all marital property is typically defined as community property or separate property. When divorcing, community property is typically divided evenly, and separate property is kept by its owner.

Equitable Distribution: All other states typically follow equitable distribution. This means that a judge decides what is equitable, or fair, rather than simply splitting the property in two. In practice, this may mean that two-thirds of the property goes to the higher earning spouse, with the other spouse getting one-third. Note that when courts divide property, that does not necessarily mean the property is literally, physically split. A court will usually add up the total value of the marital estate and grant each spouse a percentage.

What’s the difference between community and non-community property? This varies from state to state, but here are the basics: Community property: This includes all property accumulated during marriage, including debts, unless the property or debt is designated otherwise (e.g., a loan made out specifically to one person based on their separate property). Separate property : This can include property acquired before the marriage, gifts, court awards, inheritance, and pension proceeds. Also, property acquired with separate property remains separate property (e.g., a boat bought with inheritance money). Be aware, however, that some separate property items may become community property, such as a business started before marriage but sustained by the marriage (this type of situation is usually referred to as commingled property). Property purchased with commingled funds : If you purchase or maintain items with a mixture of separate and community property, it is likely that a court will decide it is community property. If you want to keep your property separate, you need to work to keep it completely separate, otherwise it will become commingled and converted to community property. Who gets the house? It depends on the circumstances. For instance, if you have children, then the parent who does the majority of the child-raising generally keeps the marital home. If one partner purchased the house with separate funds and there are no children, then they can keep it and legally require the other partner to vacate. If there are no children involved, then courts vary considerably on how they distribute the marital home. Neither party typically has a legal right to ask the other to leave, but one partner can always request it. If you and your spouse cannot agree, the court will decide based on the rules in its state and which kind of property system your state has. Because spouses typically don’t have the right to prevent the other from living in the home, it may be illegal for them to lock you out, and you can call the police. The obvious exception to this is in cases of domestic violence. If this is the case, immediately seek a restraining order and contact a domestic violence hotline. Sometimes relationships can become very toxic, so be careful not to allege domestic violence out of spite just to get the other partner out of the house. If the Judge believes you have done this, then you can seriously jeopardize your rights to marital property, including the house.

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Tips to Help Your Criminal Lawyer Win Your Case!

Wed, 19 Apr 2017 19:06:00 GMT

If you’ve been charged with a crime, your main priority is to get those charges dismissed or win your criminal case at trial. And the best way to do those things is to have a good criminal defense attorney on your side. But whether you win or lose your case won’t entirely be on your lawyer’s account. There are ways to can help — and hurt — your case, beginning from your first contact with police and ending with a jury verdict. Here’s how to be an asset to your attorney in your criminal case.

1. 5 Things You Should Never Say to a Cop

Saying the wrong thing to law enforcement can mean your case is over before it began. Admitting to the crime or lying to investigators (which could garner more criminal charges) can negatively impact your prospects, so know what you should and shouldn’t say to cops long before you even meet your lawyer.

2. How to Choose a Criminal Defense Lawyer

The best way to help your lawyer win is to choose the best lawyer. And that doesn’t always mean the most expensive. Public defenders can often have the most experience with prosecutors and judges. But don’t go chasing a bargain attorney who is unfamiliar with criminal trials. Finding the right lawyer for you is the first step to winning your case.

3. Should I Tell My Lawyer I’m Guilty?

One of the big reasons for picking an attorney you’re comfortable with is the fact that you’ll need to tell him or her your side of the story. The best way for your lawyer to defend you is if they know all the facts, even those that don’t put you in the best light.

4. Will Evidence of Past Convictions Affect My Criminal Case?

While guilt for a former offense isn’t proof that you committed this crime, certain past convictions can affect current or future criminal cases. The last thing you want is for you and your lawyer to be blindsided by your record.

5. 5 Reasons Prosecutors Drop Criminal Charges

Knowing why prosecutors dismiss criminal charges generally can help you specifically. You can help your lawyer build your defense or attack the prosecution’s case, perhaps avoiding a trial altogether. Each criminal case is unique. If you’ve been charged with a crime, contact an experienced criminal defense attorney as soon as possible.

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3 Tips on How to Avoid Custody Disputes Over Spring Break

Fri, 14 Apr 2017 17:25:00 GMT

When separated parents share custody, vacations can often be a contentious issue. Although spring break can be a great time for a family trip, if you don’t plan properly, it might lead to family drama, and potentially a court petition to modify a custody order. Custody orders will often specify how vacations or school breaks are handled, but sometimes the orders are silent on these issues, or there might not be a custody order in place. If a dispute arises, you may need to seek relief from the family court. As such, if you and your co-parent agree about a vacation that is outside the court order, you will want documentation to prove the agreement. Below you’ll find three tips to help you avoid child custody disputes and issues related to spring break and vacations.

1. Plan Early and in writing the earlier you plan, the better off you’ll be, but only if you share those plans with your co-parent. If you refuse to share the big details of the plan, like where you’re going, it could lead to legal headaches. This allows any disputes to be addressed well in advance of the actual trip, as well as allows schedules to be planned accordingly. Particularly if the vacation being planned requires a deviation from the custody order, the conversation you have with your co-parent should be in writing, so that you can establish the record if you need to later petition the court for relief, or are alleged to have violated the court’s order.

2. Send Reminders Leading Up to Vacation in Writing While your child might be excited about the vacation, your co-parent may be deliberately indifferent. Sending written reminders in the weeks leading up the vacation is recommended. This can help ensure that things go smoothly, and reduce the likelihood that your co-parent will make “last minute plans” and ruin your planned trip. Additionally, if the matter needs to be addressed in court, having documentation to show you not only sent written plans, but also reminders, will likely help your case.

3. Modify Custody Orders to Include Fair Vacation Procedure Unfortunately, when it comes to child custody issues, sometimes the only way to avoid future disputes is to seek relief from the court. If you’ve had a vacation derailed because of your co-parents deliberate, or careless, actions, you may be able to petition the court for a modification of the custody order, or pursue an action for custodial interference. Frequently, courts split or alternate a child’s vacation time in a custody order, and can even include informal procedures for requesting a deviation from that schedule. If you’re dealing with a difficult co-parent, it is advisable to seek a legal consultation to address your specific situation, as child custody matters vary depending on state law, as well as each particular case’s facts.

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