Signs it Might Be Time to Get a Divorce

The decision to divorce isn’t always cut and dry. While, in some cases, divorce is the best course of action, it remains a difficult decision. Only you know what is in your heart and the best way forward for you and your family. If you’re considering divorce, the following signs may help make your decision clear. Silence is Deadly While constant arguing doesn’t make a healthy relationship, silence can be a sign of avoidance or even lack of interest. Arguing gives you and your spouse a way to resolve issues; however, when you find there’s no fight left, you may
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Can The Court Modify My Original Divorce Agreement?

It depends on the terms of your divorce agreement. If it was a surviving agreement, then the Court cannot modify it except under extraordinary  circumstances such as fraud. For provisions that merge the Agreement into the Judgment,  not only can you modify it, often it is necessary to do so it as your circumstances change. Provisions that always survive relate to property and liability division. Provisions that can merge or survive generally relate to alimony and health insurance for the parties. Provisions that relate to the children (custody, parenting time, child support, health insurance coverage, payment of extracurricular activities or
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What does it mean to be “Held in Contempt” by the court?

Contempt is a tool used by Probate and Family Courts to enforce parties to comply with Court Orders. This gives the Court power to enforce Orders and/or Judgments issued during divorce, custody and other Probate & Family Court proceedings. Being “Held in Contempt” means that a Court has made a finding that you violated a Court Order or Judgment. Someone who violates or disobeys a court order risks being held in contempt by the court. This includes failing to pay alimony or child support or refusal to comply with a parenting schedule ordered by the court. It can also include
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Both spouses can share in gift from husband’s family

A recent South Dakota case makes clear that a gift to a married couple from one spouse’s family will count as a gift to both of them in the event of a divorce, even if the benefactor later claims he or she intended otherwise The case revolved around South Dakota land that had been in Dennis Ryland’s family since 1878, when his great-grandfather homesteaded it. Ryland had only one child, who had moved away from South Dakota and had no interest in coming back to farm the land. In 2006, when the farm was worth nearly $2 million, Ryland decided
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Mom can’t move kids away without consent of court

A mother who wanted to move her kids 90 minutes from their father, who shared joint custody, couldn’t do so without the court reviewing the children’s best interests, a South Carolina appeals court recently ruled. The couple divorced in June 2014 and had joint legal custody and joint week-to-week physical custody of their two children. Neither parent paid child support, although the mother, who apparently earned more money, provided medical insurance and childcare costs. The order also barred either parent from having their children overnight in the presence of members of the opposite sex. A year after the divorce the
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When to Modify Your Divorce Agreement

How long has it been since you terminated your marriage? Have your circumstances changed since then? While your divorce may last forever, your divorce agreement can change over time. There are many reasons to consider modifying your divorce agreement. Some examples include: a significant change in income that will impact child support or alimony payments a job change requiring a move needs of aging children the remarriage of the party awarded the alimony Child Support Modifications With regard to child support, you can request to modify your original order. Regardless of changing circumstances, under the child support guidelines, you are currently entitled
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Court OK’s prenup-turned-post-nup

Prenuptial agreements are a useful way for a soon-to-be-married couple to protect assets they are bringing into a marriage. Essentially, these are contracts that lay out exactly what each spouse is entitled to (and obligated to) in the event of a divorce. If you and your soon-to-be-spouse are considering such an agreement, be sure to work with an attorney who can make sure it’s properly executed. Otherwise it may not be enforced, as nearly happened in a recent Michigan case. In that case, Carla Skaates and her husband Nathan Kayser lived together for before getting married. Skaates had a dental
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What to do when your ex refuses to comply with your parenting schedule?

Going through a divorce can be an emotionally draining process. The hope is that once all of the issues (such as child support, spousal support, division of property and agreeing to a parenting schedule) are resolved, you can finally move forward. Unfortunately, this isn’t always the case as the emotional baggage that accompanied the divorce can remain when dealing with an ex. When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments or a parenting schedule, you have options. You can attempt dispute resolution through mediation or the
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Massachusetts Grandparents, Know Your Rights Regarding Visitation and Custody of Your Grandchildren

When it comes to grandparents’ rights, Massachusetts laws can be tricky to navigate. However, grandparents do have financial, visitation, and custody rights under certain circumstances. To utilize such rights, legal assistance might be necessary to help you take action. Grandparents today are frequently faced with decisions about what is best for their grandchildren under challenging situations. Whether seeking visitation or custody, grandparents can take legal recourse when it is in the best interest of the child/children. Visitation Rights Grandparents who are denied visitation with their grandchildren have a legal right to petition the court. However, grandparents are required to prove
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How to Land on Your Feet After Divorce

Divorce takes a toll emotionally, physically, and mentally on everyone involved. It’s not uncommon for individuals going through a divorce to want to curl up in bed all day and abandon all responsibilities. As tempting as this sounds, it’s not practical. In fact, doing so can even make things worse. The first step to landing on your feet after divorce is finding acceptance. Just because you’re making the right decision to split up with your partner, doesn’t mean it’s easy.  Accepting your post-divorce life means making adjustments to handle new and different social norms and lifestyle changes. This will look different for everyone. However, there are
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