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New Haven Family Law Blog

6 warning signs of divorce: Keep an eye out for these

Deep down inside you know if you're happy with your marriage or need to make some type of change. If you're thinking about asking for a divorce, there's something wrong with your marriage and you need to deal with it accordingly.

It's common to have mixed feelings about your marriage. One day everything is fine, but the next you run into problem after problem.

Divorce mediation: Answer these questions to understand the price

As you inch closer to divorce mediation, it never hurts to learn more about the process. The knowledge you collect can help you make more informed decisions, which could save you time and money.

Here are five questions to answer:

  • What is the role of the mediator? While this person doesn't have the same power as a family law judge, they can assist with things such as: facilitating communication between both individuals, asking individuals to explain their stance when applicable, providing information about the family law system and sharing alternatives for solving a dispute.
  • How long does the process take? There's no simple answer to this question, as it depends on many factors, including the willingness to compromise and cooperate. The first meeting is when both individuals meet with the mediator to discuss the issues at hand. From there, additional meetings, which typically last one to two hours, are meant to push the process forward.
  • Are you required to go to court after mediation? Generally speaking, you don't have to spend any time in court as long as you're able to resolve all your issues during mediation.
  • Are you on your own during mediation? Even though it's different than litigation, it doesn't mean you're on your own from start to finish. You have the right to work with a family law attorney, as this ensures that you make sound decisions that won't negatively impact you in the future.
  • Is it possible to mediate when you don't get along at all? It's easy to believe that mediation won't work, especially if you and your spouse are not seeing eye to eye on any issues. Even so, mediators are skilled at bringing people together, despite their differences.

Co-parenting challenges that you’re sure to face

Co-parenting is one of the most difficult things you'll ever do. Even if you have the best intentions, you never know what approach the other parent will take. This is why you must prepare for every possible challenge that could come your way.

While there is no way of knowing what the future will bring, here are five co-parenting challenges that could stand in your way at some point:

Creating the right parenting agreement is a big deal

A divorce isn't something you hope to go through, but if you find yourself in this position, it's best to take all the right steps at the right time. This is even more important if you have a child with the other person, as you need to keep their best interest in mind throughout the process.

Creating the right parenting agreement is a big deal, as this will keep everyone in line in the future. With this in place, both parents, as well as the child, will have a clear idea of what to expect and what's to come.

What considerations are present for custody during the holidays?

The holiday season requires planning for many people. When you have a child custody agreement, you might find that there are more considerations than if you and your ex were still living together. Starting early to get this done can help you figure everything out without rushing at the last minute.

Depending on the situation, there are many factors that you need to sort through. Many require you to work with your child's other parent to come up with the specifics of the holiday season. Here are some pointers to help you get started:

It’s possible a prenuptial agreement could be invalid

When you create a prenuptial agreement, you do so with the idea that it will provide some protection in the event of a future divorce. Unfortunately, there are mistakes that can make this agreement invalid.

With the help of a prenuptial agreement, both individuals entering the marriage can take advantage of many benefits. However, if you don't create a prenuptial agreement in the appropriate manner, the court could find it invalid in the future.

Child support modification: The steps you must take

There may come a point when making your child support payments is no longer feasible. While you realize your financial situation has changed for the worse, you shouldn't assume that the court will be on the same page. The New Haven family law judge who presided over your case won't know that anything has changed unless you bring it to the court's attention.

Once you decide to seek a child support modification, here are the steps you must take:

What should you expect during divorce mediation?

As you move through your divorce, you should never expect everything to go as planned. Even with a solid strategy in place, things can and will move to the forefront that throw you for a curve.

Fortunately, when you get involved with divorce mediation, you have more control over the process. This is in comparison to litigation, during which a judge is in position to make legally binding decisions.

Getting through a gray divorce: What to expect

Getting older is nothing like you expected. You're happy and healthy, enjoy lots of activities and have friends and hobbies you love. Despite that, there are some things you're not happy about, one of which is that your husband wants to get a divorce.

In your 50s, you'll be part of a movement of people getting divorces in later life. Known as "gray divorces," these divorces involve individuals who are older and potentially on second or third marriages. Many have children, high assets and retirement concerns.

Can a prenuptial agreement help determine child custody?

Prenuptial agreements are useful for many things, but figuring out custody arrangements before you have children or before the possibility of a divorce is not something they are meant to address. If you think about it, planning that far in advance would be detrimental to both the children and their parents. The situation the parents face now may be completely different at the time of a divorce. Children grow and change as well, requiring special care and having different needs.

Although prenuptial agreements won't help with child custody or parenting arrangements before a divorce, they do help with past children. For example, if you want to provide for children you bore during in a previous marriage or relationship, you could use a prenuptial agreement that addresses your estate plan and protects your heirs.

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Nancy Noyes Engelman, Noyes & Rubin, LLP
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