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.

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.

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.

How Family Law Services Can Help Guardian Cases

Here’s how family law services can help guardian cases.