Parvey, Larson, and McLean, PLLCParvey, Larson and McLean, PLLC2024-03-05T20:29:43Zhttps://www.plmfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1600682/2020/05/cropped-fab-min-32x32.jpgOn Behalf of Parvey, Larson, and McLean, PLLChttps://www.plmfamilylaw.com/?p=477822024-03-01T20:30:34Z2024-03-05T20:29:43ZReviewing your circumstances
Before seeking an increase in spousal support, take a closer look at your changed circumstances. Factors like a significant change in income, increased living expenses or health issues could be valid reasons to consider requesting additional support. Having a clear understanding of your financial situation is key.
Communicate openly
Approaching your ex-spouse with openness and honesty is key. Share the specific changes in your circumstances that necessitate an increase in spousal support. A direct and respectful conversation can pave the way for understanding and potential agreement.
Demonstrate need
To strengthen your case, you should demonstrate the need for increased support. Present clear evidence of the changed circumstances, such as recent pay stubs, medical bills or any documentation showcasing increased living costs. Providing a comprehensive picture of your current situation can help your ex-spouse understand the necessity.
Consider mediation
Exploring alternative dispute resolution methods, such as mediation, can be beneficial. These processes allow both parties to discuss and negotiate support changes with the help of a neutral third party. It can provide a more amicable and cooperative environment compared to legal proceedings.
File a motion
If you cannot reach an agreement through communication or alternative methods, you may need to file a motion with the court to formally request an increase in spousal support. Ensure that you have all the necessary documentation and information and seek professional guidance to present a strong case during the court proceedings.
While seeking an increase in spousal support may seem challenging, you can successfully get through the process and work towards a resolution that aligns with your new circumstances.]]>On Behalf of Parvey, Larson, and McLean, PLLChttps://www.plmfamilylaw.com/?p=477812024-02-17T22:17:10Z2024-02-20T22:16:05ZStability for children
Co-parenting provides stability and consistency in a child's life. When both parents are actively involved, children experience a sense of security. They know that they have a strong support system from both sides. Co-parenting allows children to witness healthy communication and conflict resolution between their parents. Seeing their parents cooperate and work together fosters positive behavior and healthy relationships in the child's own life.
According to the Centers for Disease Control and Prevention, 2.9 out of every 1,000 people got a divorce in North Dakota during 2021. Many of these divorces affected children, and this underlines the importance of focusing on a child’s best interests after divorce.
Shared responsibilities
Co-parenting ensures that both parents share the responsibilities of raising their children. By actively participating in decision-making, discipline and day-to-day activities, children benefit from the involvement of both parents. Co-parenting requires effective communication between parents. Open and respectful communication helps to avoid misunderstandings and reduces conflict. It helps ensure that both parents stay informed about the child's well-being, school progress and other important matters.
Remember, co-parenting may require compromise and flexibility. By prioritizing the needs of the children and maintaining a cooperative approach, parents can create a positive co-parenting relationship that benefits everyone involved.]]>On Behalf of Parvey, Larson, and McLean, PLLChttps://www.plmfamilylaw.com/?p=477792024-02-01T08:47:51Z2024-02-07T08:47:35Z1. Documentation and record-keeping
Maintaining thorough records of your investments helps protect your interests during divorce proceedings. Gather and organize documentation related to investment accounts. This includes statements, transaction records and ownership documentation. Clear and comprehensive records can help establish the value of your investments. They can also help ensure an equitable distribution of assets during the divorce.
2. Pre-nuptial or post-nuptial agreements
Pre-nuptial or post-nuptial agreements outline the division of assets in a divorce. By entering into such an agreement, you can specify how investment assets will undergo division. You can also protect your investments from being subject to the default state laws. These agreements provide clarity and certainty regarding the disposition of investments. This can help mitigate potential conflicts and financial uncertainties during divorce proceedings.
3. Professional financial guidance
Seeking professional guidance from financial advisors can provide valuable insight into protecting your investments. A financial advisor can help evaluate the tax implications of dividing investment assets and assess the long-term impact on your financial goals. He or she can also help develop strategies to preserve the value of your investments.
Protecting your investments during a divorce requires proactive planning and strategic decision-making. Taking proactive steps to protect your investments can provide peace of mind and set the stage for a successful financial transition post-divorce.]]>On Behalf of Parvey, Larson, and McLean, PLLChttps://www.plmfamilylaw.com/?p=477802024-02-03T21:47:15Z2024-02-06T21:47:08ZIncomplete or inaccurate information
Prenuptial agreements rely on full and accurate disclosure of each party's financial situation. If one spouse fails to provide complete information or intentionally hides assets, it could render the agreement invalid. Courts emphasize transparency in such matters to ensure fairness.
Unfair and unconscionable terms
Courts frown upon prenuptial agreements that contain terms that are grossly unfair or one-sided. If the agreement significantly favors one spouse over the other, especially to the point of being unconscionable, a court may declare it invalid.
Coercion or duress
If one party pressured the other into signing the prenuptial agreement under duress or coercion, the document could be invalid. Mutual consent is key, and any indication of one spouse forcing the other to sign under unfavorable circumstances may result in the agreement being set aside.
Protecting the validity of your prenup
To ensure your prenuptial agreement stands the test of legal scrutiny, be sure to approach the process with honesty and fairness. Both parties should be actively involved in the negotiation, with complete disclosure of their financial situations.
A survey conducted by The Harris Poll suggests that 15% of married, previously married or engaged Americans have or had a prenuptial agreement. Signing a prenup is a common and prudent decision, but it is important to know when what can cause the agreement to fall through.]]>On Behalf of Parvey, Larson, and McLean, PLLChttps://www.plmfamilylaw.com/?p=477782024-01-25T19:15:03Z2024-01-25T19:15:03ZMindful posting
During a divorce, emotions can run high, and it is easy to turn to social media as an outlet for expressing feelings. However, you must think twice before hitting that "post" button. Avoid sharing personal details about the divorce or using social media as a platform to vent frustrations. Remember, friends and family can see what you post online, so choose your words carefully.
Privacy settings matter
You must also take control of your online presence by adjusting privacy settings on your social media accounts. Restricting access to your posts and information ensures that only people you trust can see your updates. This step helps maintain a level of privacy, thereby shielding you from potential conflict.
Unfriend wisely
Divorce can change relationships, and that includes online connections. Consider unfriending or unfollowing people related to your ex-spouse and their circle of friends on social media. This decision is not about erasing the past, but rather creating space for emotional healing. It is okay to prioritize your well-being over online connections that may bring added stress.
Positive connections
While it is important to be mindful of your online presence, social media can also be a tool for positive connections. Use platforms to stay connected with supportive friends and family members who can offer encouragement during the divorce process. Share uplifting content and engage in conversations that promote a healthy mindset.
Navigating social media during a divorce requires thoughtful consideration and awareness. By taking the right steps, you can use social media as a tool for positivity and personal growth.]]>On Behalf of Parvey, Larson, and McLean, PLLChttps://www.plmfamilylaw.com/?p=477772024-01-11T16:22:55Z2024-01-11T16:17:46ZEstablish clear communication channels
In 2021, according to the Centers for Disease Control and Prevention, 689,308 couples in the U.S. either divorced or annulled their marriages, and many with children had to refine their communication strategies to co-parent. Open and clear communication is the cornerstone of successful co-parenting. Choose a communication method that works for both you and your ex, whether this is email, text messages or a shared online platform.
Create a unified parenting plan
Develop a unified parenting plan that outlines shared responsibilities and expectations. You may want to include details about visitation schedules, school events, medical decisions and extracurricular activities.
Be flexible and accommodating
Flexibility is key in co-parenting. Life is unpredictable, and unforeseen circumstances may arise. Being open to adjustments in schedules and arrangements demonstrates a willingness to prioritize your children's needs over personal differences.
Maintain consistency in rules and expectations
Consistency between households helps provide stability for your children. Work together to establish consistent rules and expectations regarding discipline, chores and routines. A united front between co-parents minimizes confusion for the children and promotes a sense of security.
Respect each other’s time
Avoid interference or last-minute changes to visitation schedules unless necessary. This respect fosters a positive co-parenting dynamic and reinforces the importance of each parent's role in the children's lives.
It can take time to get used to co-parenting with your former spouse. With commitment and determination, you and your ex can make your coparenting arrangement work to benefit the wellbeing of your children.]]>On Behalf of Parvey, Larson, and McLean, PLLChttps://www.plmfamilylaw.com/?p=477762023-12-30T03:51:52Z2023-12-30T03:51:52Z1. Communicate needs
Open and clear communication between parents is the foundation for a successful custody schedule. Start by discussing each other's expectations, preferences and any concerns you may have. Establishing a cooperative and respectful dialogue sets the stage for a collaborative approach to creating the custody schedule.
2. Consider the child's routine
Understanding and respecting the child's routine is important. Take into account school schedules, extracurricular activities and bedtime routines. Consistency is reassuring for children, and a custody schedule that aligns with their daily life helps provide stability during a potentially tumultuous time.
3. Practice flexibility
While structure is important, it is also important to be flexible. Life is unpredictable, and unforeseen events can arise. Be willing to accommodate changes when necessary and work together to find reasonable solutions. A flexible mindset fosters cooperation and ensures that the child's best interests remain the top priority.
4. Create a detailed schedule
Develop a detailed custody schedule that outlines the time each parent will spend with the child. Be specific about pick-up and drop-off times, as well as the location for these exchanges. A detailed schedule reduces ambiguity and minimizes the potential for misunderstandings or conflicts.
5. Prioritize the child's needs
Throughout the scheduling process, keep the child's needs at the forefront of decision-making. Consider the child's age, school commitments and social activities. Strive to create a schedule that allows the child to maintain meaningful relationships with both parents while minimizing disruptions to their daily life.
6. Be realistic about abilities and commitments
When creating a custody schedule, it is important to be realistic about each parent's abilities and commitments. Assess work schedules, personal responsibilities and other obligations to ensure that the schedule is feasible and sustainable for both parents.
Creating an effective child custody schedule is important for everyone involved. By following these steps, parents can work together to establish a custody schedule that promotes the well-being and happiness of their child.]]>On Behalf of Parvey, Larson, and McLean, PLLChttps://www.plmfamilylaw.com/?p=477752023-12-12T17:52:55Z2023-12-12T17:52:55ZConsent
In most instances, you will need the consent of the noncustodial parent before you can adopt your stepchild. While written consent is a fundamental element in the legal proceedings to come, the adoption will be easier if everyone involved reaches an agreement before formalizing the process.
Note that the Child Welfare Information Gateway lists several exceptions to this consent requirement. For instance, if there is no care and support given to the child for at least a year, consent may not be necessary. Be aware, as well, that in North Dakota, children over the age of 10 must consent to their own adoptions.
Checks and evaluations
As part of the adoption process, the court typically requires a home study and personal evaluation. This involves interviews, a background check and a thorough examination of the living conditions to ensure a positive and stable environment for your stepchild.
Court hearing
The adoption process culminates in a court hearing. During this hearing, the court reviews the information gathered, assesses the well-being of your stepchild and ensures that your filing meets all legal requirements. If satisfied, the court issues the final adoption decree, formalizing the legal relationship between you and your stepchild.
Once you are aware of the requirements and procedures, you can begin the adoption process with confidence.]]>On Behalf of Parvey, Larson, and McLean, PLLChttps://www.plmfamilylaw.com/?p=477732023-12-06T16:01:16Z2023-12-12T10:37:22ZEquitable division explained
The fair and equitable distribution of property relies on legal ownership and rights to assets a couple owns. The court will consider a broader spectrum of elements, such as each spouse's contributions to the marriage, financial circumstances, and the length of the marriage.
Division options
Generally, a court has multiple options when it comes to dealing with a marital home. The court may award it to one of the individuals if that person assumes the majority care of any children, which may help to promote security and stability for the children. However, the other person may receive a buyout or get other assets to make up for the value he or she is losing in the home.
In some cases, the court may decide the couple must sell the home and split the profits. It is also possible for the couple to continue joint ownership of the property, though this may not be advisable post-divorce for several reasons.
The understanding that equitable distribution is the guiding principle in North Dakota allows divorcing couples to approach living arrangements with a more comprehensive perspective. Couples can make decisions based on their individual needs and considerations, without the immediate fear that moving out will significantly impact their rights to the family home. Keep in mind, however, that moving out could have significant implications for child custody issues, which should be discussed with your attorney.]]>On Behalf of Parvey, Larson, and McLean, PLLChttps://www.plmfamilylaw.com/?p=477712023-11-28T20:33:22Z2023-11-28T20:33:22ZMisunderstanding spousal support
One of the biggest misconceptions is that spousal support is either always or never granted in a divorce. The truth is that the courts look at each case individually to determine if spousal support is appropriate. Another common misunderstanding is about who is eligible for spousal support. It is not always the wife who receives it; either spouse can be the recipient based on their needs and the other spouse's ability to pay.
Types of spousal support
There are different types of spousal support that the court may award. The courts provide temporary support during the divorce process, short-term support is for a limited period post-divorce to allow the recipient time to become self-sufficient, and long-term or permanent support is for cases where the recipient is unable to become self-sufficient due to age, disability or other significant factors.
Factors influencing spousal support
Several factors influence the decision to award spousal support. The court considers the length of the marriage, the standard of living during the marriage, each spouse's financial resources and needs and the time it would take for the recipient to gain sufficient education or training to find appropriate employment.
Misconception about support modification
Many believe that once the court sets spousal support, it cannot change. However, if there is a significant change in circumstances, either party can request a modification of the spousal support order. For example, a change in income, employment status or living conditions could warrant a modification.
Understanding the realities of spousal support in a divorce is important. With this knowledge, you can approach your divorce proceedings with a clearer understanding of what to expect regarding spousal support.]]>