Divorce and Co-Parenting: Is Birdnesting Right for You?

Making mutual decisions when co-parenting, the arrangement where both parents continue to share responsibility for their children's upbringing, is one of the most emotionally taxing tasks after divorce.

Birdnesting is a unique and unconventional approach to co-parenting. Also known as "nesting" or "bird's nest custody," birdnesting is a co-parenting arrangement where the children remain in the family home, and the parents take turns living there.

The parents maintain a separate residence, often shared with a new partner or spouse, which they rotate in and out of according to an agreed-upon schedule. The idea is to minimize disruption for the children by keeping their living environment stable.

If co-parenting has become a problem for you or your family, schedule a consultation with David R. Phillips for personalized legal advice. But first, here is all you need to know about the concept of birdnesting, its benefits, challenges, and whether it is the right choice for your post-divorce co-parenting situation.

Benefits of Birdnesting

Stability for Children

One of the primary benefits of birdnesting is the stability it provides for the children. They continue to live in the same home, attend the same school, and maintain their routines, which can minimize the emotional upheaval often associated with divorce.

Reduced Stress

Birdnesting can reduce the stress associated with constantly moving children between two households. There's no need to pack and unpack belongings, and children can maintain a sense of "home."

Easier Transition

It can be a smoother transition for both parents and children as they adapt to the new reality of their divorced lives. Birdnesting allows everyone involved to adjust at their own pace.

Parental Involvement

Both parents remain actively involved in their children's lives, as they continue to share responsibility for the family home. This arrangement promotes ongoing communication and cooperation between co-parents.

Challenges of Birdnesting

Financial Implications

Maintaining multiple residences can be costly. Parents need to consider the financial implications of birdnesting, including rent or mortgage payments for their separate residences.

Logistical Complexity

Coordinating schedules and living arrangements can be logistically complex. Parents must have a clear plan for how the nesting arrangement will work, including schedules and responsibilities.

New Relationships

Birdnesting can present challenges when parents enter into new relationships. The presence of new partners or spouses can complicate the arrangement and may require additional communication and boundaries.

Privacy

Living in the family home while your ex-spouse is also living there can be challenging in terms of privacy. Both parents must be respectful of each other's boundaries.

Transition to Traditional Custody

Birdnesting is typically seen as a transitional arrangement. At some point, parents may need to transition to a more traditional custody arrangement, which can be emotionally challenging for everyone involved.

Is Birdnesting Right for You?

Children's Needs

Consider the age and needs of your children. Birdnesting is often most beneficial for younger children who benefit from a stable living environment. Older children may have a more flexible transition between two households.

Cooperative Relationship

Birdnesting requires a high level of cooperation and communication between co-parents. If you have a contentious relationship with your ex-spouse, birdnesting may not be feasible.

Financial Resources

Evaluate your financial resources. Birdnesting can be expensive, so it's essential to assess whether you can afford to maintain multiple residences.

If you are looking for innovative co-parenting solutions after divorce, consult with a family law attorney to understand the legal implications of birdnesting in your jurisdiction. It's crucial to have a legally binding co-parenting agreement that outlines the details of the arrangement.

David R. Phillips can help you explore all co-parenting options so you can make an informed decision that serves the best interests of your family. The family law attorney has over three decades of experience in representing complex legal matters concerning personal injury, family law, and criminal law.

He can help you with everything from complex divorces to visitation, property division, child custody and support, name changes, guardianship, OWI, DUI, traffic law violations, expungement, and more.

Call 219-929-7060 to speak to David R. Phillips.

Child Custody Disputes: How a Family Lawyer Can Help

Child custody disputes are among the most emotionally charged and legally complex issues in family law. When parents separate or divorce, determining the best arrangement for the care and custody of their children can be highly difficult, leading to intense disagreements between parents or guardians.

When facing child custody disputes, it is essential to consult with an experienced family lawyer to explore your rights and options. If you are going through such challenging times, consult David R. Phillips. He possesses the guidance and expertise needed to navigate the intricate aspects of child custody disputes.

Here is how the family law attorney can help parents navigate the sensitive terrain of child custody disputes while prioritizing the best interests of the child.

Legal Expertise

David R. Phillips specializes in family law matters, including child custody cases. He possesses an in-depth understanding of relevant state laws, regulations, and court procedures. An experienced family law attorney can explain your rights, responsibilities, and potential outcomes, ensuring that you are well-informed throughout the process.

Objective Advice

Emotions often run high during child custody disputes. A family law attorney provides a neutral and objective perspective, helping you make rational decisions that prioritize the best interests of your child.

David R. Phillips can advise you on when to compromise and when to stand your ground. He understands the stress and emotions involved in child custody disputes and can offer guidance on managing those emotions constructively.

Negotiation & Mediation

Many child custody cases can be resolved through negotiation or mediation rather than going to trial. Your family lawyer can represent your interests in negotiations with the other parent or their attorney. They can also arrange for mediation sessions to facilitate a mutually agreeable custody arrangement.

Managing Communication

Child custody disputes often require ongoing communication with the other parent, which can be challenging. Your lawyer can serve as a buffer, handling communication between parties to minimize conflict and ensure that important information is exchanged appropriately.

Court Representation

If an agreement cannot be reached through negotiation or mediation, David R. Phillips can represent your case in court competently. He has extensive experience when it comes to building a strong case on your behalf, presenting evidence, and arguing your position before a judge. Having a skilled family law attorney by your side is crucial in ensuring that your rights and your child's best interests are protected.

Enforcement of Court Orders

In cases where the other parent is not complying with court-ordered custody arrangements, David R. Phillips can take legal action to enforce the orders. This might involve filing contempt motions or seeking modifications to the custody arrangement.

Book a confidential one-on-one appointment with the family law attorney to discuss your case confidentially in more detail. He can help you with complex cases pertaining to personal injury, family law, and criminal law.

The Complete Divorce Guide for Stay-at-Home Moms

Divorce is a life-altering decision, and for stay-at-home moms, it can be an especially challenging and overwhelming process. As you navigate this significant life transition, it is essential to have a comprehensive understanding of the divorce process and the unique considerations that apply to your situation.

As a competent divorce attorney, David R. Phillips supports all individuals navigating through the emotionally and financially draining process. Using his extensive experience as a family law attorney, he shares some insights into the essential aspects of divorce to help stay-at-home moms (and dads) make informed decisions that will secure their future and ensure a smooth transition into post-divorce life.

Understand Your Rights & Options

Understand your legal rights regarding property division, spousal support (alimony), child custody, and child support. Consulting with an experienced divorce attorney who specializes in family law is crucial.

Your chosen family law attorney can familiarize you with different divorce processes, including mediation, collaborative divorce, and litigation. Each has its advantages, so choose the one that best suits your circumstances and goals.

Whichever type of divorce you choose, do not forget to maintain records of important communications, agreements, and any instances of your spouse attempting to undermine your rights.

Financial Preparation

Collect all financial documents, including bank statements, tax returns, mortgage documents, credit card statements, and investment statements. This information is essential for property division and determining support payments.

Develop a post-divorce budget that outlines your anticipated expenses, income, and financial needs. Consider child-related costs, housing, insurance, and healthcare.

Seek advice from financial experts, such as a certified divorce financial analyst (CDFA) or financial planner, to help you understand the long-term financial implications of your divorce settlement.

Property Division

Learn the difference between marital property (assets acquired during the marriage) and separate property (assets acquired before marriage or through inheritance or gift).

Work with professionals to assess the value of assets, including real estate, investments, retirement accounts, and personal property. Proper valuation is crucial for a fair division.

Consider what assets are most important to you, and be prepared to negotiate with your spouse. Prioritize financial stability and future needs over emotional attachments.

Child Custody & Parenting

Understand the various custody arrangements, such as joint custody, sole custody, and visitation schedules.

Focus on what is in the best interests of your children. Collaborate with your spouse to create a detailed co-parenting plan that addresses custody, visitation, holidays, education, and medical decisions.

Familiarize yourself with child support guidelines in your state. Ensure that your children receive the financial support they need to thrive.

Consult a Divorce Attorney

Hire a reputable family law attorney who understands the unique challenges faced by stay-at-home moms in divorce. Trust your attorney's guidance and follow their advice to navigate the legal process effectively.

Book an appointment with David R. Phillips if you are looking for a divorce attorney who will protect your rights and advocate for your interests. As an experienced family law attorney, he has represented numerous domestic abuse, high net worth, and complex divorce cases over the span of three decades.

He can offer guidance tailored to the situation for family law, personal injury, and criminal law cases. Call 219-929-7060 today to request a confidential consultation.

 

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.

How Does Collaborative Divorce Work and Is It Right for You?

Divorce is a significant life event that often involves complex emotional and financial considerations. In traditional divorce litigation, the adversarial nature of the process can exacerbate tensions and lead to protracted legal battles.

Collaborative divorce offers an alternative approach that prioritizes cooperation, open communication, and mutually beneficial solutions. If you have come to terms with the fact that your marriage cannot go on, consult divorce attorney David R. Phillips confidentially to learn whether you should opt for collaborative divorce.

Before you ask, here is everything you need to know about how it works and the benefits of collaborative divorce. Read on to determine if it is the right choice for your situation.

Understanding Collaborative Divorce

Collaborative divorce is a voluntary and confidential process in which both parties, along with their respective attorneys, work together to reach a divorce settlement outside the courtroom.

It is based on the principles of cooperation, transparency, and problem-solving. The goal is to find amicable solutions that address the needs and concerns of both spouses while minimizing the emotional and financial toll of traditional litigation.

Benefits of Collaborative Divorce

Reduced Conflict

The process promotes open and respectful communication, minimizing hostility and emotional stress for both spouses.

Greater Control

Spouses have more control over the divorce outcomes, as they actively participate in negotiations rather than leaving decisions to a judge.

Privacy

Collaborative divorce is confidential, which means that personal matters remain private, unlike court proceedings, which are often a matter of public record.

Cost-Effective

Collaborative divorce can be more cost-effective than traditional litigation, as it typically involves fewer legal fees and court-related expenses.

Faster Resolution

The collaborative process often leads to quicker resolutions compared to lengthy court battles, enabling spouses to move forward with their lives sooner.

Preservation of Relationships

Collaborative divorce may help preserve amicable relationships between spouses, which can be particularly important when co-parenting. When children are involved, collaborative divorce prioritizes their well-being and encourages co-parenting solutions that benefit the entire family. Spouses can create personalized divorce agreements that better suit their unique needs and circumstances.

 

Is Collaborative Divorce Right for You?

Collaborative divorce can be an excellent choice for many couples, but it may not be suitable for every situation. Here are some factors to consider when determining if collaborative divorce is right for you.

Willingness to Cooperate

Collaborative divorce requires a commitment to cooperation and respectful communication. Both spouses must trust the collaborative process and believe in its potential to yield fair and mutually beneficial outcomes. If you and your spouse are unwilling or unable to work together, the process may not be effective.

Complex Financial Matters

Collaborative divorce is well-suited for cases with complex financial issues, such as significant assets, businesses, or investment portfolios.

Child Custody Concerns

When children are involved, collaborative divorce can help prioritize their needs and create a more harmonious co-parenting relationship.

Desire for Customization

If you want a divorce agreement tailored to your unique needs and preferences, collaborative divorce can offer more flexibility than traditional litigation. If you and your spouse are willing to work together and believe in the potential for an amicable resolution, call 219-929-7060 to speak to David R. Phillips.

The family law attorney can help you explore this option and determine if it aligns with your unique circumstances and goals for divorce.

 

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.

What Should Be Included In A Parenting Plan?

While a parenting plan may not always be legally mandatory, certain states do require its submission as part of the child custody agreement. Regardless of its legal standing, it is highly advisable for divorcing parents to collaborate and establish an informal parenting plan.

A parenting plan serves as a roadmap for co-parenting, ensuring the stability and well-being of the child involved. A thoughtfully crafted parenting plan is a cornerstone of successful co-parenting after divorce. It is essential to establish clear expectations and minimize conflicts between parents.

Collaborating with an experienced divorce attorney like David R. Phillips can help you draft a comprehensive parenting plan that safeguards the interests of both parents and, most importantly, provides a nurturing and supportive environment for your children as they navigate the complexities of post-divorce life.

Custody and Visitation Schedule

The parenting plan should specify the type of custody arrangement - joint or sole custody - and outline the visitation schedule. Clear details about the time the child will spend with each parent, including holidays, weekdays, weekends, and school vacations, are vital for maintaining stability in the child's life.

Decision-Making Authority

Clearly define how major decisions regarding the child's religious upbringing, extracurricular activities, healthcare, and education will be made. Indicate whether decisions will be made jointly or if one parent will have the final say in specific areas.

Communication Guidelines

Establish guidelines for communication between you and your ex-spouse, including how information will be shared about the child's health and well-being, milestones, education, and any issues that arise. Encouraging open and respectful communication fosters a cooperative co-parenting relationship.

Transportation and Exchange Arrangements

Specify how the child will be transported between homes for visitation. Include details about the exchange location and any necessary accommodations to ensure a smooth and stress-free process for the child.

Medical and Healthcare Provisions

Detail how medical and healthcare decisions will be made and how medical expenses will be shared among the parents. Address insurance coverage and procedures for handling emergencies.

Education Plan

Discuss the child's educational needs and how parents will support their academic progress. Include decisions about school enrollment, parent-teacher conferences, and any necessary tutoring or support services.

Grandparents and Others

Incorporate grandparents and other extended family members into your plan to ensure the children maintain contact with their wider family while respecting grandparents' rights to see their grandchildren.

Relocation Provisions

Anticipate the possibility of one parent relocating in the future. Outline the procedure for seeking approval for relocation and how it will impact the visitation schedule and communication between parents.

Handling Changes and Modifications

Address the procedure for modifying the parenting plan in the future. Life circumstances may change, necessitating adjustments to the plan to meet the child's evolving needs.

If you require assistance in creating a parenting plan, reach out to our law firm. We provide comprehensive support, from drafting initial plans to handling modifications and enforcement.

Our Family Law Services Valparaiso can also help you navigate the complexities of divorce, child support and custody, visitation, name changes, and more. Call 219-929-7060 for further assistance.

Break The News Carefully: How To Tell Your Kids You Are Getting A Divorce

Divorce is never easy. But it can be particularly challenging for couples with young children. In addition to worrying about the separation, asset division, child custody, alimony, and other legal issues, there is also the fairly personal and emotionally taxing consideration of how the children would handle the news.

At David R. Phillips Law Firm, we believe "children come first." With an experience of over three decades where many couples separated from each other, some amicably and some with fairly challenging circumstances, our family law attorney approaches each case with sensitivity and expertise to ensure a healthy outcome for everyone, especially the children.

Unfortunately, the major life transition for children makes it stressful, and only open communication helps make the challenging time less painful. However, there are some ways parents can help children to come through on the other side with the utmost resilience, respect, and understanding that helps strengthen their relationship with both parents.

Tried-and-True Tips for Talking to Children about Divorce

#1- Choose the Right Setting and Timing

Timing is crucial when it comes to sharing this news with your children. Pick a time when everyone is calm and relaxed, avoiding significant events or disruptions. Find a quiet and comfortable space where your children feel safe and can express their emotions freely. Ensure you have enough time for an open and uninterrupted conversation. And give them time to process everything at their own pace.

#2- Present a United Front

When sharing the news, try to present a united front as parents. To achieve this, you will need to discuss and agree on key points to convey before having the conversation. This would give children the impression that you are still their supportive and dedicated parents despite the divorce.

#3- Be Honest but Age-Appropriate

While honesty is important when talking to children about divorce, use age-appropriate concepts and language to avoid confusion. Tailor the explanations to every child's developmental level so they can comprehend the situation without feeling overwhelmed, scared, or mentally disturbed. Reassure them that the divorce is not their fault and that both parents will continue to love and support them while keeping them a priority.

#4- Emphasize Routine and Stability

While it is good to give children the opportunity to express their feelings openly so their emotions are validated, reassure them, and ensure that their daily lives and routines will remain consistent as much as possible.

Children thrive on stability and routine, so even though the family structure changes, make sure the visitation schedules, school activities, and other important aspects of their lives remain unaffected. Discuss how decisions about their well-being will still be made jointly, fostering a sense of security and stability.

#5- Seek Professional Support

Consider involving a child therapist or counselor specializing in divorce to provide additional support for your children. A neutral professional can help them navigate their emotions and provide them with coping strategies during this challenging time.

Make sure you check in with your children regularly. Answer their questions with patience and offer ongoing support. Address all their concerns and reassure them that their feelings and thoughts matter to you and your soon-to-be ex-spouse.

Since telling the children about divorce can be an emotionally charged and sensitive task, David R. Phillips will be by your side throughout the process, offering professional support and legally sound advice to help you navigate the challenges of divorce and its aftermath.

As a competent family law attorney, David R. Phillips manages each unique case skillfully, legally, and empathetically, keeping your and your children's best interests at heart while supporting your journey of separating from your spouse.

Besides complex divorces, the family law attorney also deals with lawsuits and complications concerning child custody and support, alimony, property division, prenups and postnups, name changes, visitation, and other issues concerning family law, personal injury, and criminal law.  

Call 219-929-7060 to discuss your case with David R. Phillips confidentially. The family law attorney will suggest tailored solutions to help get positive outcomes and a peaceful future for your family. Contact us now to book an appointment.

What Happens When a Child of Divorced Parents Turns 18?

When a child of divorced parents reaches the age of 18, it often brings about significant changes in their legal status and the dynamics of their relationships with their parents. Understanding these changes and their implications is crucial for the parents and the child involved. In this blog, we will explore what happens when a child of divorced parents turns 18 and the role of your family law attorney in helping you navigate this important milestone.

Legal Independence and Decision-Making

Upon turning 18, the child of divorced parents legally becomes an adult. This means they gain autonomy and independence in making their own decisions, including matters related to education, healthcare, finances, and personal choices. While parents may still offer guidance and support, their authority over the child's decisions diminishes.

Modification of Custody and Support

With the child's newfound legal independence, the existing custody and support arrangements may need to be modified. Once a child of divorced parents turns 18, the court may consider the child's preferences and best interests in determining whether to change custody or support orders. Parents must consult a family law attorney to navigate this process and protect the child's rights and interests.

Parental Responsibility and Financial Support

The financial responsibility and obligations may also change as a child of divorced parents turns 18. Child support payments may cease or be modified based on factors such as the child's educational pursuits, financial independence, or other circumstances. A family law attorney can guide the parents' regarding their legal obligations and the child's rights during this transition.

When a child of divorced parents turns 18, it marks a significant milestone that has legal implications.

Importance of Consulting a Family Law Attorney

Consulting our experienced family law attorney at David R. Phillips can help you better understand the changes and navigate the complexities of modifying custody and support arrangements when a child of divorced parents turns 18.

Attorney David R. Phillips has extensive experience in family law services and can provide tailored guidance to protect the rights and interests of both parents and the child.

Are you looking for a divorce lawyer experienced with custody modifications, support adjustments, and other legal considerations? At David R. Phillips, we can review agreements, provide tailored answers, and help steer your case in the right direction.

Schedule an appointment now to learn what changes once a child of divorced parents turns 18. In addition to family law, we're also experienced criminal law and personal injury lawsuits. Our services extend throughout various communities in Indiana.

What Needs to be Decided During Divorce?

Divorce is tough for all the involved parties, including the kids. It is a highly financially and emotionally taxing process. While it is not easy, there is a lot that happens during divorce proceedings.

Several things need to be decided in a divorce, some of which are outlined below by our divorce attorney. Keep reading to learn more.

Child Custody

One of the most important and foremost issues that need to be decided during a divorce is custody. There are two parts of custody: legal and physical. Legal custody refers to the power of decision-making for some major life decisions like healthcare or education, and physical custody refers to who the child will physically reside with.

Parties can either agree to joint custody, or the parent with the physical custody usually gets the legal custody as well. This can happen when the court deems one party unfit to make legal decisions. In such a case, one parent will have sole rights to make all decisions about the kid’s life.

Property Distribution

The property you and your spouse acquired as a couple is referred to as marital property. It can be the home you live in, real estate, insurance, retirement accounts, bank accounts, etc. In most cases, the property is divided equally among both parties. 

Alimony and Child Support

In most cases, the party with higher earning potential is required to pay spousal maintenance and child support to the lower-earning party. Plus, child support is usually paid by the non-custodial parent, so it depends on whom the kid is living with and what is the income disparity between the parties.

Hire a Reliable Divorce Attorney 

With three decades of experience, you can rest assured with David R. Phillips by your side. As a proficient family law attorney, he can help with various issues concerning divorce, such as child custody and support, visitation, alimony, and name changes, among others.   

He will help and guide you every step of the way as you settle on your divorce and start a new chapter of your life.

Schedule an appointment now to discuss your case in detail.

Signs Your Divorce Is Going to Be High Conflict

Divorce brings along fairly testing times, even under the best circumstances. Even though many divorces run smoothly, with both parties agreeing swiftly. Even if a conflict arises regarding finances, children, or property, they can be reconciled and addressed through mediation or the court.

However, sometimes the challenges become more formidable and extensive when the situation turns the separation into a high-conflict divorce, requiring the precision skills of an experienced divorce lawyer to navigate them.

With an experience spanning over three decades, David R. Phillips has dealt with many high-conflict divorces. Let's look at a few signs that telltale that a divorce is likely to be high conflict. Knowing the signs from the get-go can help you make smart choices that save you and your family a lot of stress.

Sign #1- Deceitful

The process of divorce can seem like a cyclone if your partner has difficulty being truthful. In these situations, spouses often lie about nearly everything. They spin a dense web of fabrication and deception which could only be cut through by a competent divorce lawyer.

People frequently manipulate the truth when it comes to mutual agreements, parenting, and other things that have happened in the past. Deceitful spouses also attempt to hide assets. Anything they say warrants thorough investigation to determine legitimacy throughout the separation process.

Sign #2- Inability to Compromise

Despite how complex the divorce may be, there are potentially at least some things most couples would agree on unless their motive is revenge and conflict creation. In high-conflict divorces, spouses are usually unwilling to agree to anything, even the most reasonable and simplest items.

They push everything at high stake and refuse ever to make any compromise. They are convinced that compromising will translate into a loss. Such people believe the more difficult the process is, the more their ex-spouse will suffer. The problematic spouse tends to twist everything to dissipate compromises after agreeing to make everything difficult for the other spouse.

Sign #3- Court Order Violation

As soon as the case commences, the court is likely to put temporary orders into place. These could concern visitation, custody, asset distribution, or occupancy of the marital home. When a spouse disregards and violates the order, even in seemingly harmless ways, it is a sign that they will continue to treat the entire divorce process similarly with blatant disrespect.

If you spot any of these signs, remember: knowledge is power! You need to get up to speed on dealing with the situation because you are likely going to be battling a high-conflict divorce. Hiring a capable legal representative with credible experience in dealing with such adversarial situations and people can be the best way to ensure a desirable outcome.

David R. Phillips manages complications legally and skillfully and keeps your and your children's best interests at heart when supporting your journey of separating from a high-conflict spouse.

The family law attorney has ample experience with complex divorces, alimony, child custody, and support, name changes, property division, visitation, prenups and postnups, and other issues concerning family law, personal injury, and criminal law.  

Call 219-929-7060 to set up a consultation so we can discuss your unique case and come up with tailored solutions to ensure a competent representation in the court of law.

Factors Assessed When Figuring Spousal Support

While not all divorces require addressing the matter of alimony, spousal support can play a critical financial role in separations that leave one spouse without adequate financial means to support themselves, especially when the other partner is financially equipped to help.

The court takes many factors into consideration when determining alimony which can be awarded to either spouse in a divorce case. Set up a consultation with David R. Phillips if you have concerns or questions regarding spousal support.

As an experienced divorce attorney, he can guide you regarding an array of family law matters concerning divorce, custody, alimony, visitation, asset distribution, name changes, and so on.

Factor #1- Marriage Duration

The longer the marriage, the more likely a judge is to order spousal support. Spouses with financial needs are less likely to bounce back into work if they chose to sacrifice their careers during the marriage. Therefore, their earning power diminishes considerably in long-term marriages.

Moreover, courts take contributions to the marriage, such as managing the house, caring for the children, and similar chores into consideration. They are likely to be of far more significance after a marriage of many years. Sometimes lifestyle during marriage also plays a significant role in determining the alimony amount, but nothing is certain.

Factor #2- Financial Discrepancy

The broader the financial gap between the spouse who will be paying and the spouse who requests alimony, the more the chances of the court ordering spousal support. When one partner earns a good living, but the other has limited earning power, the court restores financial balance by ordering spousal support.

Factor #3- Earning Capacity of the Recipient Spouse

Spousal support is typically awarded in relation to the length of time it would take for the recipient spouse to gain financial independence. This means their job skills, the requirement for additional education or training, health, age, and other things will be assessed. The court can determine the recipient spouse's earning capacity if they are unemployed to identify what their income would be before imputing the income level to them.  

Factor #4- Extenuating Circumstances

Sometimes spouses with a permanent disability may be precluded from working. At other times, staying home to care for the house and children can impact their mental or physical health. In such cases, alimony is far more likely to be awarded.

However, no mandatory formula exists, so it is best to consult with a family law attorney to assess the specifics of your case so they can help determine the factors that may or may not matter to the court.

Discuss Your Case with a Seasoned Divorce Attorney

David R. Phillips has a commendable track record of successfully guiding alimony cases like yours toward advantageous outcomes that competently protect the financial rights of all clients.

The family law attorney can help you determine whether spousal support is appropriate and can also guide you if you want it modified due to changed circumstances. Reach out to us right away to speak to our experienced family law attorney, who will guide you according to your situation.

What to Do If Your Spouse Does Not Follow a Child Custody Agreement

Once the divorce and custody decree is deemed a court order, both spouses must follow the agreements detailed by the court if they want to avoid facing severe consequences.

Dealing with joint custody can be difficult and overwhelming on its own. And when an ex-spouse constantly schedules activities and outings when the children are supposed to be with you, or they pick up and drop the children back later than the agreed-upon time, it can be frustrating. Here are a few things you can do when one party violates the child custody arrangements.

Call a Family Law Attorney

If your spouse is violating the child custody arrangement, going to court can be the best way to enforce the agreement. Speak to an experienced family law attorney to send them a strongly worded legal notice asking them to obey the child custody order. The letter informs the violator that you are willing to take legal action and they will have to pay penalties if they do not oblige to the child custody arrangements set out in the court order.

Opt for Mediation

Discuss the option with your divorce attorney and check with the court where the child custody orders were made to see if any mediation services are available. Many issues between ex-spouses are easily resolved without having to go to court when they choose a reliable mediator to reach a mutual understanding.

Modify the Child Custody Arrangements

When the other parent disobeys the court order repeatedly, you have the option to modify the child custody arrangement in a way that accommodates the needs of both spouses. David R. Phillips can help you request a change, whether it concerns visitation schedule, change in duration, or anything else.

File a Motion for Contempt of Court

Filing a motion for contempt of court necessities the co-parent violating the agreement to appear in court to explain the reasons behind their actions. If found guilty, they might have to face sanctions, pay fines, or get behind bars for a nominal period. You can also request that the ex covers your lawyer's fee as a punishment for failing to obey the child custody arrangement order.

Document All Violations

Speak to a knowledgeable family law attorney to learn the best ways to document all the significant details of non-compliance by your ex-spouse. Keeping a journal of all the violations and the necessary details will help you should you decide to take legal action. Take notes about all the attempts you made to resolve the issues.

But make sure any action you take is in your child's best interest. With three decades of experience, you will have nothing to worry about when David R. Phillips is on your side. As a compassionate, experienced, and knowledgeable family law attorney, he can help resolve various issues concerning divorce, child custody and support, alimony, visitation, name changes, and more.   

Schedule an appointment now to learn about your legal rights. We defend criminal law, family law, and personal injury lawsuits in many communities throughout Indiana.

Fearing For Your Safety? How To Secretly Prepare for Your Divorce

Many people fear separation even when things are not working out. The negative effects of divorce make them feel like they will not be able to find love again. But some people also fear for their safety when their spouse finds they want a divorce.

If you are facing such circumstances, you can take some extra steps to ensure your divorce preparations are discreet. Divorce attorney David R. Phillips has experience dealing with such tenuous situations. Schedule a free consultation with us to discuss how we can help you file for divorce while keeping things discreet.

Tips to Keep Preparations Under Wraps When You File for Divorce

#1- Inform Everyone Involved that You Wish to Keep Everything Discreet

Whether it is your divorce attorney or therapists, accountants, and other professionals you have been consulting for the divorce, make sure they know you do not want the word to get back to your spouse.

Discuss whether you want them to leave emails or voicemails and which numbers are safer to contact. When you talk to your friends or family members regarding the issues or your plan to get divorced, let them know you want to keep the preparations more private.

#2- Use Social Media Carefully

While you do not need to completely eliminate social media from your life, considering it is an incredibly useful way to stay in touch with loved ones, it is good to be mindful of what you share on your profiles.

Monitor what is being said in private messaging, especially if your spouse can access your accounts or knows the passwords. You may also want to turn off location tracking if it is enabled on any of the social media.


#3- Set Some Funds Aside

Nearly one-quarter of couples stay in their current relationships because of financial dependency. Spouses who do not want their partner to leave may try to keep them in marriage by using finances to keep them hostage.

Consider opening a separate account you can use once you leave the marriage. If this is not possible, start setting aside gift cards and cash you can use immediately after the divorce. A credit card may also be beneficial for emergency purchases while you are in the beginning stages of the divorce.

#4- Gather all Important Belongings and Documents

Another manipulation tactic abusive spouses often employ is keeping their spouses from leaving by hiding important documents and belongings. Leaving can be difficult when your passport, driving license, and other documents are missing.

Depending on the situation, it can be challenging to pack a bag of necessities at the time. So start keeping things aside at your friend's house so you have all the vital items before you tell your spouse about the divorce plans.

Experienced Family Law Attorneys for Discreet Divorce

David R. Phillips has dealt with numerous sensitive family law matters and knows how to represent clients fairly and competently. An experienced divorce attorney can protect you from further manipulation or abuse from spouses.

Our job is to ensure you get a fair share when you split assets while working out custody arrangements that are in the best interests of your family going forward. Call 219-929-7060 to discuss how our family law attorney can assist you in filing for divorce.

Protecting Inherited Assets in a Divorce: What You Need to Know

When filing for a divorce, safeguarding inherited assets from being distributed to your soon-to-be ex-spouse can be one of the major concerns. You may not want your ex to get any part of your inherited property or money.

Fortunately, adept divorce lawyers like David R. Phillips can help you plan the best way to protect your assets even before your marriage. He can also help safeguard inherited assets should you or your spouse file for divorce. Call 219-929-7060 to speak to him regarding your unique case.

Inherited Assets Division in Divorce

Most states recognize inheritance assets or properties as separate and are not subject to equitable or equal distribution. Whether you inherited a beneficial trust, property, or savings account from a family member before marriage, it will likely be considered a separate property during divorce, especially if it was gifted only to you. This means the inheritance will be solely yours if it was not commingled with any marital assets.

But there are certain circumstances where how the inheritance is handled impacts your ex's ability to claim it. For instance, if a separate and community property was commingled or used to benefit both of you, it would be subject to division in case of separation or divorce.

People often put the money into a joint account, use it for household expenses or mortgage payments, or buy a house where they live as a family, making inheritance a part of the marital funds due to commingling.

Making prenuptial or postnuptial agreements also impacts how inheritance would be distributed during divorce. Spouses often sign such agreements when the inheritance is increased or improved upon due to the combined efforts of both.

If no prenup was signed and the non-inheriting spouse contributes labor, time, and money to increase the property's value, the court may consider the property a marital asset.

How to Keep Your Inheritance Separate

The inheritance will exclusively belong to you if you keep it in a separate bank account or do not commingle it. Add your spouse as an authorized user rather than adding their name to the credit card or account.

If you ever decide to rent the property, hire a contractor or property management company instead of asking your spouse to help. If they add value through labor, time, or money, they can lay claim to it legally.

If you plan to sell the property to purchase a new home, keep it in your name. Adding the spouse to the title of the purchased property means they technically own half of it.

Protect Your Inheritance with a Prenup

Prenuptial agreements are helpful when it comes to protecting inheritances as well as other assets assimilated before marriage. Spouses can add provisions regarding asset division in the event of divorce.

People with relatively higher incomes than their significant others or ones with substantial inherited assets usually prefer signing prenups to make it clear which properties are separate. Reach out to a knowledgeable family law attorney today to discuss your needs. He can prepare the agreement as per the state laws and answer all queries you might have regarding the division of the inherited assets in a divorce.

What If It Is Too Late for a Prenuptial Agreement?

If you are married, your spouse and you can no longer opt for a prenup. However, our family law attorney can guide you in preparing a postnuptial agreement to address similar issues.

If you are already divorcing or separating, our divorce lawyer can help you protect the inheritance throughout the property distribution procedure. He will help you understand your legal rights and steer your case toward the best outcome.

Besides helping protect inherited assets in a divorce, David R. Phillips can also competently represent your case concerning custody, child support, alimony, name changes, visitation rights, and other criminal law, family law, and personal injury lawsuits.

 

Arbitration, Mediation, and Litigation: Which Should You Choose?

Divorce can get even more stressful when a conflict complicates the proceedings. No matter what the dispute stems from, it can be resolved using various processes, such as arbitration, litigation, and mediation.

Understandably, it can be confusing to choose the best option that applies to your situation. Our Indiana divorce attorney will guide you regarding the best dispute resolution for complications that necessitate unique approaches during a divorce. Before you book an appointment, here's a brief overview to help you understand each approach in greater detail.

Mediation

Most compassionate divorce attorneys recommend mediation, as it helps avoid the expenses, time, and conflicts involved in litigation. Mediators assist and guide the negotiation process while ensuring each spouse has access to all the information required to settle the case.

These professionals are trained to help both parties reach a resolution based on the best interests of themselves, their children, and other family members. This type of conflict resolution method is used by divorce attorneys in Indiana when there is some hope that both parties will work together to reach an amicable outcome.

Litigation

Sometimes parties can be worlds apart, requiring them to litigate the differences in court. While it is one of the most costly forms of conflict resolution, sometimes litigation is the only option.

For this situation, you need to ensure that you partner with a competent divorce attorney who can fight for your rights. The lawyer must stand up for the client in front of the judge confidently with powerful evidential defenses to support the case.

Judges have proper authority and power in litigations, which is not the case with arbitrations or mediations. They can subpoena information and order the next steps in a legal process to be taken if both parties are unwilling to cooperate.   

Arbitration

Arbitrators make decisions, and their choices can be binding, like judges in courts. Since they play such a crucial role in judgments, make sure you know all about their education, background, and tendencies before you choose the right one.

Make sure your attorney reads all the binding points before you sign the arbitration agreement. By doing so, even if any party wishes to sue the other, they cannot until the arbitration agreement is valid.

How Our Experienced Family Law Attorney Can Help

The idea of divorce can leave you feeling overwhelmed, as if you are out of options. But our specialist divorce attorney has it all covered, so you do not have to go through the tedious process alone.

Speak to him so you understand your rights and options and ensure a competent legal counsel for personal injury, criminal law, and family law lawsuits. Law attorney, David R. Phillips, helps resolve all kinds of conflicts arising from separation, divorce, child custody and support, alimony, name changes, parenting time, and grandparents' visitation rights, among others.

How to Defend Yourself Against Parental Alienation in Indiana

If you are in the middle of a contentious divorce in Indiana and your child is displaying inexplicably negative behavior toward you, it may indicate that you need a solid legal team by your side.

Children often suffer from parental alienation in such situations. The mental condition makes the child reject one parent as they strongly ally with the other. In most cases, parental alienation occurs when the alienating parent fills the child's head with negative thoughts about the other parent. This serious issue can ruin their relationship with the children.

However, parental alienation can be hard to prove, so it is best to work with a family law attorney who has ample experience in such cases. David R. Phillips has got decades' worth of experience in divorce, parental alienation, child support and custody, alimony, grandparents' visitation rights, and other family law matters.

Call 219-929-7060 to discuss how he can help build a case against the other party to save your relationship from further harm or alienation.

Tips for Battling Out the Negativity in Parental Alienation Cases

#1- Never Stop Being a Great Parent

Despite the difficulties, never forget your obligation to be a supportive and loving parent. If your child spies on you or bad-mouths you, do not blame the brainwashed victim — know that your ex-spouse is the perpetrator.

Instead of being an alienator, build a stronger relationship with your child. Think about the negative influence the hurtful thoughts can have on their minds and resist the urge to confirm the negative things the spouse has said about you. Remember: two wrongs never make a right.

Be a role model for your child so they do not grow into troubled individuals. Always show up and tell them you love them. Your supportive behavior will eventually counteract the alienation and negativity. However, being late or not showing up at all can be used as ammunition against you to alienate your child further.

#2- Document Everything

Whether it is text messages, emails, or phone call recordings, document every interaction with the alienating parent, along with the undesirable changes in the child's behavior as a consequence of the brainwashing.

Having solid proof of everything can help you win custody in court. Make sure to document everything from medical records to history and relevant information about behavioral problems and health issues so third parties and judges can review the case with an unbiased perspective.


#3- Back Up Claims with Witness Testimonies

If you are the victim, get help from friends and family members who may have heard or seen enough to back up your claims. This will help you feel supported while also prove as solid evidence if the custody case goes to trial. The witnesses can vouch for your side and testify in court when necessary. The evidence can be especially helpful in showing the alienating parent is not fit for custody.

Parental alienation is a serious issue that impacts numerous families. However, it could be overcome with the right help. Speak to a family law attorney in Indiana if you are concerned that the other spouse is engaging in parental alienation or other undesirable behaviors that can impact your child's well-being and future.

Our family law attorney, David R. Phillips, always meets and exceeds the expectations of all clients, supporting their stressful journey toward getting divorced or fighting for custody. We try to ensure that everything works out according to your best interests when you trust us for personal injury, family law, and criminal law cases.

Set up a consultation now to defend yourself and protect your children and assets as you decide to divorce your spouse in Indiana.

Steps To Take Before You Begin Divorce Mediation

If you and your spouse have decided to uncouple amicably, divorce mediation is a great way to resolve many conflicts that arise in the process of dissolving the marriage. Working with an experienced divorce mediator and an attorney has its perks—you can keep your intimate details private, go at your own pace, and work toward an agreement that effectively meets the needs of both parties while staying out of court.

But mediation has its own set of perils, which can be avoided if you spend a little time preparing for the mediation process. David R. Phillips shares some steps to take prior to booking an appointment with your divorce mediator.

#1- Research Legal Coaching

Divorce mediation allows for reaching a desirable outcome that is guided by, but not bound by, the court laws. Legal coaches can help you figure out what is best for the entire family according to your unique situation.

Professionals can guide you after listening to your issues, intentions, priorities, concerns, and goals so the strategy positions you to leverage the best tactics to negotiate reasonable and unreasonable demands by your spouse.

#2- Choose the Mediator Wisely

Many types of mediators now exist, each one having their own unique mediation style. They can be evaluative, facilitative, and even transformative in their approach.

Facilitative mediators foster productive discussions, especially for couples who tend to argue a lot. Meanwhile, evaluative mediators clarify the legal merit of each request made. And transformative mediators play the role of counselors so you can discuss your conflicts with them in a safe space to get productive solutions.  

When researching, ask your potential mediators about their preferred style, schedules, and availability and whether they hold virtual sessions or prefer in-person mediation. Also, ask them if they will prepare, fill, and process the divorce paperwork or if you will need to hire additional help for that.

Request an upfront retainer and inquire about their certification and training to ensure they are knowledgeable and experienced enough to help you with your divorce mediation.

#3- Gather all Relevant Financial Information

Whether you have the financial documents or they are with your spouse, collect all the information ahead of time so you know everything you have and when it was acquired.

You must have some sort of financial documentation as proof so the money can be divided adequately without anyone experiencing a loss due to fogged memory. You can also consider compiling all relevant documents in a Dropbox or Google Drive so they are easily accessible by all from anywhere and at any time.

#4- Determine the Non-Negotiables

Negotiating a complex financial contract can be daunting, especially when the intention is to take steps that benefit everyone as you begin the journey to end one of the most important relationships to date.

Identify things you are willing to give up versus the ones you cannot let go of at any cost. For instance, maybe your family home is a lucrative investment, but you do not want the children to be distressed when they have to change schools.

Think about the things you will be willing to give up in exchange. Financial support, retirement benefits, and other non-negotiables can also prolong the divorce process. If any item will not be important to you in three months, consider letting it go!

How David R. Phillips can help with Divorce Mediation

Whether you are struggling with a handful of pesky issues or plenty of problems that you and your ex cannot resolve, mediation can be a great option for splitting up amicably. Divorce mediation allows voicing opinions productively rather than starting fistfights in courts and letting the judges decide the fate of your marriage.

David R. Phillips is a family law attorney dedicated to helping you live happily after… just separately. Dial 219-929-7060 to set up an appointment!

He can provide you with all the information, support, and guidance needed to file for divorce, custody, alimony, visitation, and asset division, among other things. Our competent attorney is also experienced and qualified to represent you in other family lawsuits, personal injury, and criminal law cases.

 

How To Protect Your Money During Divorce: An Essential Guide

Alarming statistics reveal the divorce rate has almost doubled in the last few years. Couples who spend decades investing and saving together experience higher stakes and more severe financial consequences of divorce.

Such 'gray' divorces can last months, depending on the willingness of both parties to cooperate. While the process of separating from someone you thought you would grow old with can be painful on its own, dividing the marital assets can make the process even more challenging.

Most spouses who consult divorce attorneys like David R. Phillips tend to have very different ideas of what property belongs to whom. Here are a few ways to mitigate or reduce the negative financial consequences of divorce.

#1- Partner with a Competent Divorce Attorney

As a competent divorce lawyer, David R. Phillips always emphasizes collaborative divorce and mediation over lawsuits. Both partners usually fare better in structured procedures where they can negotiate the solutions for various disputes, including financial decisions, instead of leaving the decision in the hands of the jury.

If you have reached our law firm through referrals, recommendations, reviews, or expertise and proven track records, schedule a consultation with us to experience the benefits of teaming up with a reliable divorce attorney.

#2- Open Accounts in Your Own Name

Non-working spouses should establish their own credit history from the start to prepare for times when they may need a mortgage or car loan. If someone already has a history on file, divorce attorneys recommend closing or freezing credit card and joint bank accounts to prevent being held responsible for shopping sprees by your soon-to-be ex-spouse. Insurance policies and other similar things should also be altered to reflect the new solo status.

#3- Take Inventory of Debts and Assets

Your attorney can guide you with a full disclosure for all individually and jointly owned assets to help you gain an idea of where the finances are and where they go. Keep copies for safekeeping of credit card accounts, loans, business debts, tax returns, wills and trusts, insurance, and home equity lines. Also, try to get a handle on all non-marital assets as well, such as inheritances, gifts, and other property that belong to one spouse only.

#4- Freeze Joint Bank Accounts

You are on the hook for all debts your ex-partner racks up on joint bank accounts, even if you have separated. Rather than keeping joint credit cards based on verbal agreements to split debts and pay the share, consider closing the joint account and opening separate ones. This way, the ex-spouse's financial troubles will no longer concern you.

If the joint account has money, transfer half the funds into a new account. You must also reroute any direct deposits to this new account. Finances often cause a lot of drama during divorce, especially when one takes them from the joint bank account, leaving the other spouse without access to their own savings.

#5- Know the State Laws

Many states mandate an equal division of all marital possessions, no matter who purchased the property. Prenuptial or postnuptial agreements can also impact financial and debt-related decisions. Research the laws and consult a reliable family law attorney who can walk you through the state laws relevant to your divorce proceedings.

David R. Phillips is not only well-versed in all Indiana state laws but will also help separate property fairly. If your ex-spouse tries to take advantage of the situation, our divorce attorney can help you reword the settlement accordingly so you can gain access to funds for legal and living expenses.

We also assist clients with alimony, child custody and support, parenting time, grandparents' visitation rights, and aspects related to family law lawsuits. Our family law attorney goes above and beyond to protect your assets and safeguard your financial future.

Call now if you need to speak to our criminal defense lawyer, expungement lawyer, DUI or OWI lawyer, or family law attorney for affordable and competent legal representation.

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