Law Offices Of Tinley M. Rudd, Esq.Law Offices Of Tinley M. Rudd, Esq.2024-03-14T17:59:51Zhttps://www.tinleyrudd.com/feed/atom/WordPress/wp-content/uploads/sites/1602698/2020/06/cropped-TinleyRudd-siteicon-1-32x32.pngOn Behalf of Law Offices of Tinley M. Rudd, Esq.https://www.tinleyrudd.com/?p=479422024-03-14T17:59:51Z2024-03-14T17:59:51ZWhen parents announce that they’re getting a divorce, it’s good to take time to talk to their children and answer their questions. Often, children are going to have very different questions than parents will, and it can give them a better sense of security and stability if they get answers.
Of course, every situation is unique, so children may have specific questions relating to their family’s personal situation. But below are some examples of common questions many kids ask.
10 common questions
If you are moving toward divorce, consider the following questions your children may have:
Who is going to take care of me?
Where am I going to live?
Is our whole family still going to live together?
Why did you decide to get a divorce?
Are you going to get back together eventually?
Are we going to have to move?
Will I still get to see my friends or be in the same school?
Is the divorce my fault?
What happens to my siblings?
What happens to our house?
In some cases, children may actually be opposed to the divorce and may ask what happens if they don’t want you to go through with it.It can be difficult to have these conversations, but just focus on your child’s best interests. Make sure that you stress that it’s not their fault. This is often very obvious to adults, but children do worry about it, so it’s important to tell them repeatedly that they did not cause the divorce. Also, just give them time and space to have these conversations as they work through the process.At the same time, you need to be aware of your legal rights as a parent. Consider how you will divide parenting time and other custody rights.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.https://www.tinleyrudd.com/?p=479402024-02-29T21:23:52Z2024-02-29T21:23:52ZWhen parents get divorced, it is necessary to construct a parenting plan to define their relationship in the future. This will address things like physical custody (parenting time) and legal custody, or the decision-making power that each parent has for their children.
It’s very important to take the time to focus on creating the ideal parenting plan for your family as you go through a divorce. Below are three ways that it can help.
Reducing stress
First and foremost, a parenting plan should reduce stress for the children and for you and your ex. It provides guidance and helps you avoid disputes. It just helps life go more smoothly after the split.
Increasing stability
A parenting plan can also increase the stability your children feel. They know where they’re going to live, who’s going to take care of them, who will make decisions and things of this nature. Divorce is often hard on children because it undermines their sense of stability in life, so a parenting plan that gives this back to them can make the process much easier.
Addressing unique factors
A successful parenting plan also has to look at the unique factors that apply to your family. Are there any health concerns or considerations? Does the child have any special needs? How far apart do you and the other co-parent live? Where does the child go to school? A parenting plan should address all of these details to create a system that will be optimal for the children moving forward.As you go through a divorce and create your parenting plan, take the time to carefully consider all of your legal options.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.https://www.tinleyrudd.com/?p=479382024-02-17T15:25:24Z2024-02-17T15:25:24Zpositive impacts of divorce on children that you may want to consider if you’re on the fence about whether ending your marriage may ultimately benefit your family. Every situation is unique, but these realities are worth keeping in mind.
Reduced conflict
When parents are constantly fighting, children can feel stressed, anxious and insecure. Divorce can significantly reduce the level of conflict in the household, creating a more peaceful and stable environment for children. When parents are no longer together, they may be able to communicate more effectively and focus on co-parenting in a cooperative manner, which can greatly benefit the children's emotional well-being.
Improved child-parent bonding
With the troubles of marriage taken care of, divorced parents may have more emotional energy and time to focus on their relationship with their children. They may engage in activities together, have more one-on-one time and develop stronger bonds. Additionally, divorced parents may become more attentive to their children's needs and emotions as they deal with the changes in their family dynamic, leading to deeper connections and understanding.
Positive role modeling
Parents are able to better demonstrate healthy relationship dynamics and coping mechanisms when they are no longer in a toxic or unhappy marriage. Children learn by example, and witnessing their parents handle the challenges of divorce with grace, resilience and respect can teach them valuable life lessons about communication, problem-solving, and self-care. This can set a positive example for the children's future relationships and how they handle adversity in their own lives.
If you’re still undecided about divorce and how it would affect your children, consider seeking legal counsel to better understand your options and how to approach the process in a way that minimizes negative impacts on your children given your unique circumstances.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.https://www.tinleyrudd.com/?p=479372024-02-06T16:06:38Z2024-02-06T16:06:38Zvirtual visits work and implementing strategies to enhance their success may make preserving the bond between parents and children easier.
Tips for successful virtual visits
By ensuring that these interactions are consistent, engaging and supportive, virtual visits can successfully complement in-person visitation to help maintain solid parent-child relationships regardless of physical distance.
Ensure a distraction-free environment: During virtual visits, it's essential to minimize distractions. This undivided attention makes the visits more engaging and meaningful.
Plan activities: To keep the visits interactive and fun, plan activities that can be done together virtually. Reading a book, playing an online game or working on a craft project can make the time spent together more enjoyable and memorable.
Encourage open communication: Use this time to discuss daily activities, share stories, and express interests. Encouraging the child to share their thoughts and feelings fosters a deeper emotional connection.
Utilize technology: Take advantage of technology to share moments outside of scheduled visits. Sending photos, short videos or messages through secure platforms can involve the parent in the child's daily life.
Be patient: Adjusting to virtual visits can take time for both a child and parent. Patience and persistence are crucial to developing a comfortable and rewarding virtual relationship.
A custody agreement may specify virtual visitation rights. It can outline the calls' frequency, duration and timing, etc. to ensure regular and meaningful contact. Working with someone who can assist with parenting plan specifics can, ultimately, be beneficial given what is at stake.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.https://www.tinleyrudd.com/?p=479362024-02-02T15:13:21Z2024-02-02T15:13:21Zoptions for the marital home can help divorcing couples make informed decisions that best suit their individual circumstances and future needs.
Selling the home
One option is selling the home and splitting the proceeds. This choice is often straightforward and provides a clean break, allowing both parties to start anew. The financial gain from the sale can be used to settle debts or invest in separate living arrangements. The downside includes the potential stress of selling a home. This is particularly problematic in a challenging market.
Retaining the home
Another option is for one spouse to keep the home. This can provide stability, especially if children are involved, allowing them to remain in a familiar environment. The spouse who keeps the home might buy out the other's share, refinance the mortgage in their name or negotiate other assets in exchange. This option requires the retaining spouse to have the financial capability to afford the home independently.
Co-ownership
Co-ownership is another possibility, where both parties retain a share of the property. This arrangement might be temporary, perhaps until children reach a certain age, or longer-term based on mutual agreement. This can provide continuity and stability for children but requires high cooperation and trust. It also means that both parties' finances remain entangled, which can be complicated.
Renting out the property
Renting out the marital home is an option that can provide a source of income. This choice can be particularly appealing if the market conditions are unfavorable for selling. Being landlords requires management and agreement on handling tenant issues, maintenance, and expenses, which might be challenging if the divorce is contentious.
Understanding the benefits and drawbacks of each option is beneficial for people going through a divorce. The considerations must go far beyond the emotional ties to a property, so it’s likely beneficial to seek legal assistance to learn how each viable options might impact one’s situation moving forward.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.https://www.tinleyrudd.com/?p=479352024-01-17T22:17:47Z2024-01-17T22:17:47ZMotives behind asset hiding
Divorcing spouses may attempt to hide assets for various reasons, including financial gain, revenge or an attempt to secure a more favorable settlement. This could involve concealing bank accounts, real estate or valuable possessions in an attempt to ensure they don’t become part of the divorce settlement.
Individuals may also seek to minimize spousal support or child support payments. By manipulating their financial disclosures, they hope to pay less or be completely exempt from paying alimony and child support. By understanding these motives, one can better anticipate and counteract such actions.
Unveiling hidden assets
Discovering hidden assets requires a strategic approach, often involving legal tools that can compel transparency. For example, you can leverage court orders and forensic accountants to help uncover concealed financial resources.
Thoroughly examining financial statements and documentation is a fundamental step in asset discovery. Bank statements, tax returns and investment portfolios can reveal discrepancies that may indicate attempts to hide assets.
Encouraging open and honest communication between divorcing spouses may also mitigate the temptation to hide assets. Establishing a cooperative environment can lead to a more amicable resolution.
If you suspect that your soon-to-be ex might be concealing assets, you should take action before it’s too late. By seeking legal counsel, you can find a personalized solution to your unique situation.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.https://www.tinleyrudd.com/?p=479342024-01-08T02:25:57Z2024-01-08T02:25:57ZSignificant personality changes
All children act out in one way or another as they grow up. However, there is a difference between acting out occasionally and significant changes in personality.
Post-divorce, if your previously outgoing child has become increasingly withdrawn, this could be a cause for concern. The same applies if your child was very laid back pre-divorce but has now become very argumentative.
A drop in school performance
Children spend most of their time at school. It’s possible that your child may show very little sign of struggling at home. While it’s difficult for you and your co-parent to know what’s happening at school, teachers can help with this.
Post-divorce, it can be beneficial to keep in touch with teachers. You may even choose to tell the school about the divorce before proceedings begin. This way, everyone is focused on the best interests of the child from the beginning.
One way to help settle your children post-divorce is to have a solid parenting plan in place. This is something that you can discuss pre-divorce as you seek legal information. You’ll also be able to adapt custody to meet the best interests of your child as they grow up.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.https://www.tinleyrudd.com/?p=479332023-12-22T19:58:56Z2023-12-22T19:58:56Zare there ways that you can tell? Outlined below are two things to consider.
A lack of romance
All relationships have their ups and downs. A marriage can’t always be a fairytale romance. However, it is important that some romance exists between the couple. If the dynamic between you and your spouse feels more like roommates than romantic partners, it could be a sign that your spouse is considering a separation.
Financial secrecy
For the most part, you and your spouse have always been open about finances. You have shared bank accounts, credit cards and other financial commitments. If one spouse starts to become secretive about finances, it is often a sign that the marriage is in trouble.
An example would be if a partner has been locked out of shared accounts because passwords have been changed. In some cases, this is a preparatory step by the other partner to hide assets or attempt to protect their assets prior to a divorce.
These are just two notable signs that your spouse may be thinking about divorce. While there is not much you can do to control their actions, you can protect yourself. By seeking legal guidance, you can assert your rights and help ensure that you receive a fair settlement should divorce become an inevitability.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.https://www.tinleyrudd.com/?p=479312023-12-08T23:05:31Z2023-12-08T23:05:31ZGetting a divorce is an intensely personal and painful experience, but it is also a legal procedure governed by strict laws. In other words, spouses must follow the rules when going through a divorce, even when their emotions are overwhelming.
If this is your first divorce or the first in a long time, you may be focusing on your rights (child access, fair property division, etc.). Protecting them is wise, but avoiding potentially unlawful conduct can be just as critical.
Financial shenanigans
Of course, you want your fair share of marital property, but do not break the law to get it, or you could face financial misconduct allegations. Here are three specific things to avoid:
Hiding assets like bank accounts, property or income
Deliberately spending marital funds frivolously
Falsifying income statements or other financial documents
Family law judges nearly always take a harsh stance against spousal financial misconduct and could impose civil or criminal penalties.
Misrepresentation or lying
Courts do not typically tolerate any form of spousal deception during divorce proceedings. Avoid conduct like this:
Giving false information to the court
Creating fake documents to manipulate the outcome
Colluding with a witness to provide false testimony
Committing these acts could lead to felony perjury charges or other consequences under Florida law.
Harassment and interference
Many spouses fall prey to this pitfall amid the intense emotions of divorce. Unfortunately, conduct such as this could have severe ramifications and may devastate your divorce.
Spying on or stalking your spouse
Threatening, injuring or intimidating your spouse
Interfering with child custody arrangements
Divorce laws can be hard to follow, especially when emotions are high. But you have a much better chance of getting a balanced divorce decree when you abide by the rules and have someone looking out for your interests.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.https://www.tinleyrudd.com/?p=479272023-12-02T23:49:07Z2023-12-02T23:49:07ZA marital agreement
Some couples sign prenuptial agreements during their engagements that specifically discuss what would happen with their property when they divorce. If either spouse owned the home prior to marriage, there may be a clause in the prenuptial agreement asserting that the home will remain their separate property if they divorce. People may also have postnuptial agreements that include similar provisions. Marital agreements can determine which spouse retains the marital home in a Florida divorce.
The spouses themselves
Technically, spouses set the terms included in marital agreements. They can also set the terms for their divorce after deciding to file. Direct negotiations, collaborative divorce or mediation could help people decide which spouse will keep the marital home. If both spouses agree to property division terms, they can present a settlement to the courts for approval while retaining control over those major decisions.
A family law judge
In situations where spouses simply cannot agree with one another about property division matters, they may need to litigate. A family law judge theoretically has the authority to divide marital property in accordance with Florida state law. Florida has an equitable distribution law that requires a fair division of marital property based on a variety of factors. Although one spouse may keep the home, the other will likely receive other assets worth an amount comparable to their share of the equity in the home.
Many people facing divorce will see the value in retaining control over property division matters. Others will find it impossible to compromise and may need to have a judge weigh in on the biggest assets during their divorce proceeding. Understanding one’s options and seeking legal guidance accordingly can help individuals to make more informed choices about major assets and to generally prepare for an upcoming Florida divorce.]]>