WHEN FILING FOR DIVORCE IS A NEW YEAR'S RESOLUTION

January is a popular month to file for divorce.  Why?  For many people, the new year is a time that they reevaluate their lives and decide to make changes.  Perhaps they have waited or tried to make a marriage work for some time and the new year seems like a good opportunity to go ahead and pursue divorce.  Others may want to wait until after Christmas to plan for their a divorce. Some people postpone divorce into the new year for economic or tax reasons.  Whatever the basis, if you have decided to divorce in 2017, should you file?

Read More

PARENTING PLANS: SOME HELP WITH DECISION MAKING


This month I'm continuing my series on filing for divorce without a lawyer, and in May focusing on children.   When you file for divorce in West Virginia, like most states, you'll need to have a parenting plan.  The plan has two parts: which nights your children sleep in each house (allocation of custodial time)  and how the parents will make decisions (decision making authority).   Today's post will help you develop the decision-making part of your parenting plan.

When parents are not living together, a parenting plan helps to guide the parents on how to make important decisions about their children.  Plans can be developed informally between the parents, during mediation sessions, or using a collaborative process.  All three of these processes may involve attorneys.  Mediation may be conducted between the parties.   Parenting plans can be designed by attorneys, with guidance from the parents. In situations when the parents can’t agree, the judge can develop and order a parenting plan.  

Most families will be best served by developing their plan, in mediation or collaborative law. Here are some questions you may want to consider in creating your own parenting plan.   

Health care

parenting plan includes medical decisions
  • How will decisions be shared or made about dental or medical treatment? What about vaccinations or other preventative treatments?  What happens when the parents do not agree?
  • How will parents notify each other when the children need emergency treatment?  What if you can't reach the other parent?
  • Who will take the child to medical appointments?
  • How will you decide about special needs such as orthodontic treatment, counseling, physiotherapy, speech therapy, diet, glasses, prescription drugs. 
  • How will you be sure that both parents have access to all medical records?

Education

  • How will decisions about any choice or change in school, school program, special educational needs, tutoring, etc. be made?
  • How will school records and calendars be accessed or shared? 
  • Will both parents attend at parent-teacher conferences and school events?
  • Will both parents have the opportunity to attend school trips?  How can that be facilitated?  
  • Can the parents agree on when children can be absent from school?  

Extra-curricular activities

  • How will you make decisions about your children’s participation in extra-curricular activities? How will you decide on what type of activities or how many?  
  • How will you work to develop a schedule of activities for children and resolve disputes about transportation and cost issues?

Religion

  • How will these decisions about church attendance and religious upbringing be made?  Will there be a process if the parents have different beliefs to introduce the children to both?  What if the children chose to attend other religious services?  At what age would that be possible?

Culture

  • How will decisions about cultural events, education, and activities be made?
  • Will the children be introduced to another language?  How and when?

Grandparents and extended family

decision making cousins
  • Do you want to encourage relationships with extended family members? How often and when will visits with extended family take place? Who will be in attendance?
  • How and when will children communicate with their extended family?

Travel

  • Will notice of travel be given to the other parent? Should notice be given for all travel or just travel that is out of state or a certain distance? 
  • How do you want to address written consent for your child to travel out of the country since that is often required? 
  • Who will keep the child's passport? Can each parent have a copy of the passport number?

Communication between parents

  • List the kind of information that you will be sharing between parents.  That usually includes the children’s medical and school information, all addresses and telephone number, and any extended travel plans. 
  • How will you communicate?  Remember that texting and email can be good for brief information but consider adding in meetings and telephone conferences periodically to address more difficult problems.  Some families have on-line calendars to manage schedules
  • How frequently do you expect to communicate by various methods. Setting up expectations can be helpful.
  • How will you communicate in emergencies?
  • Making changes to parenting plan
  • You should include both formal and informal processes of making minor and major changes to the parenting plan.  For example, you may want to build in flexibility on pick up times.  You may then designate mediation as a process for you to work with the other parent to make major decisions about education or substantial changes in the allocation of custodial time.  

Solving Problems
Be sure to include a method for resolving disagreements over the parenting plan.  We normally recommend that families attend counseling together or use a mediator to address future conflict over parenting plans. In your plan, decide how you will divide the costs for these services.  

Other parenting issues

Families may want to include some of these provisions.  They do not apply to every family or child, but it doesn’t hurt to think about them when you are working on the plan.

  • If one parent needs to be out of town during their custodial time with the children, should the other parent have first choice at having the child with them?  What if the extended time is just one night?  Some plans call this "The Right of First Refusal."  
  • What do you consider to be basic safety requirements for your child?  Do you agree about the use of helmets, car seats or when a child can be left alone?  Do you agree on when a child might be able to drive or how to address underage drinking?
  •  Do you want to include provisions about discipline or lifestyle expectations?  Some families include rules about bedtime, homework or allowances.  Others require both parents agreement for piercing or tattoos.  Do you want to have both parents agree on driving or part-time employment?   
  • Do you want to include anything about the use of computers or cell phones?
  • Are there any special concerns about the child’s diet or nutrition that you want to address?
  • Are their family pets?  Where will the pet live? We often discuss and have families include a provision in he parenting plan about the involvement of new partners?  Sometimes the parent wants to meet the new partner before the child is introduced and other times they just want some form of notice.

If you have any questions about how to develop the best parenting plan for your family, please contact me and we can review the options to help you find the best process for your family.

TOP TEN MISTAKES PEOPLE MAKE WHEN THEY FILE FOR DIVORCE WITHOUT A LAWYER

In the last few months, I've been working on a series on how to file for divorce without a lawyer in West Virginia.  Next week, I'll continue in that series with a post on the hearing.  However, I'll pause today and remind readers of some of the mistakes you can make when filing for divorce without a lawyer.

Read More

HOW TO FILE FOR DIVORCE IN WEST VIRGINIA PART 3: REVIEWING YOUR AGREEMENTS AND PREPARE THE INITIAL PLEADINGS

Welcome to the next post in this series on filing for divorce without a lawyer in West Virginia. 
 
If you have followed these posts, you may have taken the first steps and decided that you can file for divorce in West Virginia.  You and your spouse went to mediation and now have a written parenting plan and property settlement agreement.   What’s next?  How do you get to court?

Read More

HOW TO FILE FOR DIVORCE IN WEST VIRGINIA WITHOUT A LAWYER: PART 2 REACH AN AGREEMENT

An important step in filing for divorce without a lawyer, is working to reach the agreement before you file.  An agreement can provide greater security and can expedite the process.  Agreements can be reached between the parties informally, through mediation and through collaborative divorce.

Read More

WHAT YOU NEED TO KNOW ABOUT CHANGING YOUR NAME

The media can’t seem to stop generating stories about how Bruce Jenner is now Caitlyn Jenner.  I watched Diane Sawyer’s interview with Jenner about the physical and emotional process.  How about the legal process?  Has "Bruce Jenner" legally become "Caitlyn Jenner?"   I don’t know.  I do know that the process of changing your name is not difficult, but like any legal process, it’s not simple.

Legally changing your name requires filing documents with the court.  You must give notice to anyone who may be affected.  Some states require a hearing, and the process concludes when the judge signs the order. Like many legal proceedings, a petition for name change can be filed pro se, without an attorney.  However, it may be cost effective to hire an attorney.  The attorney can identify potential problems and help you through the process.

Read More

WHAT EVERY DIVORCING PARENT SHOULD KNOW ABOUT THIER CHILD'S TUITION-PART II

This post is part of a three part series addressing how divorcing parents might address higher education costs.  Yesterday, we addressed the question:   “How long is a parent required to pay support?”   Today, we’ll consider whether divorcing parents should agree to share the costs of their children’s college. The laws in the states where I practice do not require parents to pay college costs, but parents can agree in their divorce agreement to share in the costs.   Consider several questions before entering into an agreement to be sure your agreement is in the best interest of your child and your family.

Read More

DIVORCE OPTIONS (WHEN YOU CAN'T AFFORD A LAWYER)

When you are planning for a divorce and money is tight, there are a number of things you can do to save money.  Both mediation and collaborative divorce are often a less expensive option.  This blog post also provides some free materials that can help you file for divorce when you cannot afford an attorney.

Read More