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Montgomery County Divorce Law Blog

Convincing a court of your co-parent's substance abuse problem

If you're divorcing a co-parent with an alcohol or drug abuse issue -- or if your co-parent has developed an issue since your original custody agreement was worked out -- you're likely concerned for the safety and well-being of your kids. You may be seeking sole physical custody and perhaps supervised visitation for the other parent.

However, if your spouse is fighting you on the issue and the matter is being decided by a judge, you need to be prepared to substantiate your claims in court. You'll have to provide evidence of your co-parent's substance abuse problem -- particularly if they deny having one.

How to deal with false child abuse accusations

Perhaps the most damaging allegation that a person going through a divorce can make about their spouse is that they have abused their children. Unfortunately, false allegations of abuse occur in some contentious divorces and child custody battles.

In some cases, a parent truly believes that their co-parent has been abusive -- perhaps because of something a child has said or may be based on the suspicions of a relative or friend. In other cases, however, people will knowingly level a false accusation at their spouse to gain greater custody rights or simply to punish them. Meanwhile, the children caught in the middle may be the ones who suffer the most.

7 times when sole custody is the best option

When you decided to become a parent, you pledged to always put your child’s best interests first. After all, few things are more rewarding than watching a child grow into a well-adjusted, productive and decent adult. Following a divorce, joint custody gives both parents the ability to share parenting responsibilities. Often, this approach encourages children to thrive in a post-divorce world. 

While you may want to work collaboratively with your soon-to-be ex-spouse to dissolve your marriage, you may not think joint custody is a healthy strategy for your children. Here are seven times when pursuing sole custody usually makes sense: 

Divorce doesn't have to mean the end of other relationships

If you're divorcing your spouse after many years together, you may feel like you're not just losing a partner but your entire social circle and support system.

Friends may disappear. When couples divorce, their friends (particularly other couples) often feel like they have to choose sides and continue socializing with one or the other spouse. They may avoid both of them.

Can I get retirement benefits in a military divorce?

If you currently face divorce from a military member, you likely have a lot of questions regarding the benefits you may still have access to after the divorce. It is crucial to understand how the benefits you currently enjoy as a military spouse may change after your divorce is complete.

Not all the benefits you currently have access to will necessarily disappear after your divorce. In fact, there is a federal law that protects former spouses of military members. It aims to help the courts accurately divide assets, including any retirement benefits you may have access to.

Take care when choosing your divorce attorney

Divorce is a legal process, but it's also likely going to be one of the most emotional experiences you'll ever go through. That's why it's essential to choose your divorce attorney carefully. You want someone with experience, of course, and who knows the local court system. However, you also want someone whom you can be honest with and who will work to do what's best for you and, if you're a parent, for your children.

Take the time to talk to a few attorneys. The money you spend to do this will make it worth your while when you find one who's on the same page regarding what you want from the divorce and with whom you're compatible.

How couples often unwittingly commingle assets

Most married couples commingle some, if not most, of their assets. They open joint bank accounts, take out joint credit cards and buy homes, cars and other property together.

It simply makes things easier. You're building a life and likely raising children together. It makes sense to combine your assets. If the marriage doesn't last, however, couples have to find a way to divide their property and other assets as well as their debts in a way that's fair -- or at least agreeable -- to both of them.

How does the military get involved in child support?

If you have a child with a military service member or veteran, it's important to know that there are federal laws regarding their obligation to pay child support that has been ordered by a court or which they've agreed to pay in a signed legal agreement with their co-parent. These regulations aren't meant to conflict with or override state child support statutes but to help ensure that these parents abide by any support agreements.

If no court order or legal agreement is yet in place, the military provides guidelines to determine the appropriate amount of child support in the interim. The amount determined under the military guidelines is often lower than if the relevant state guidelines were used. State guidelines give no special consideration to service members and vets. They're primarily based on a parent's income.

2 key considerations to shorten the divorce process

One big misconception that many people in Clarksville have is they must settle their divorce issues in court. Many problems often arise during the dissolution process that makes it harder for some couples to keep sight of their divorce goals. If you and your partner are seeking a divorce, it is vital for you to try to work out as many issues as possible to avoid a lengthy and challenging split.

It is okay for you to feel overwhelmed and scared, particularly when you have to deal with many contentious concerns, such as child custody, child support, real estate, business and alimony. If you and your spouse are on the same page or ready to put the divorce behind you, consider the following information to save time, money and your sanity.

Easing your child's transitions between homes

When divorced parents share custody of their kids, they can both stay involved in their lives. However, moving back and forth between their parents' homes can be stressful for kids if parents don't work to ease these transitions and bring some consistency to their lives regardless of which residence they're in.

Parents can help ease this anxiety for their kids and make things more peaceful for themselves if they're committed to maintaining this consistency across their households and the transitions themselves.

The Law Office of Steven C. Girsky
503 Madison St.
Clarksville, TN 37040

Toll Free: 888-358-4290
Phone: 931-266-4689
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