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Striving for Fairness – How do Courts Deal with a Couple's Ongoing Financial Obligations During Divorce Proceedings?

Gavel on top of cashDuring the divorce process, questions regarding finances will inevitably come up: How will our finances work while we’re getting divorced? Who is going to pay the mortgage, credit card, daycare, school tuition? Can I pay my attorney out of a joint account? Can I still take the kids on spring break? It’s only natural when thinking about a huge life change to worry about finances. This is true even for individuals earning significant incomes and high net-worth couples. This article provides a short explanation of two tools that courts use to assist couples to help manage their finances during divorce proceedings – status quo and attorney fee contribution orders. Read More ›

Categories: Divorce, Post Judgement

Attorney Lawrence Presents at Second Saturday Divorce Workshop

Ripped up marriageFoster Swift family law attorney, Gabrielle Lawrence, will be one of the presenters at the next Second Saturday workshop program held on Saturday, September 14 from 9 am - 12 pm.  Read More ›

Categories: Did you Know?, Divorce, News & Events

Going Back to School: A Guide to Balancing Careers, Schedules & Divorce

The end of summer can be a stressful time for parents, balancing careers, extracurricular schedules and other activities, all while getting their children ready for school. Add a separation or divorce from a spouse into the mix and it can be downright nightmarish. Read More ›

Categories: Co-Parenting, Divorce, Powers of Attorney

Whose Bonus Is It? – When May a Bonus Received After the Marriage Form Part of the Marital Estate?

Fighting over a dollarFor many couples, a spouse’s bonus is both a sign of an employer’s appreciation for the employee-spouse’s hard work and a significant portion of his or her total annual compensation. Because bonuses are often not paid out until months or years after entry of a divorce judgment, divorcing couples often ask the question – Whose bonus is it? Is a bonus part of the marital estate, divisible at settlement, or separate property, payable solely to the spouse who earned it through hard work? Read More ›

Categories: Distribution, Divorce

How to Protect Your Business When the Marriage Fails

Troubled Business CoupleComplicated divorces are less than ideal. A business in the mix invites potential complications. 

A family-owned small business that is part of one spouse’s family fabric may even serve as revenue for more than just the divorcing couple. During a divorce, analyzing the business’ books may feel akin to analyzing the lives of the business owners and their family.

With years of experience helping clients navigate separations, our family law team at Foster Swift have put together some important things to know when it comes to divorces that involve a business.  Read More ›

Categories: Did you Know?, Divorce, Post Judgement

How to Put Your Children First in Co-Parenting

Separation, and ultimately divorce in some cases, can be one of the hardest things that a couple who once shared a life together can endure. For some, the once happy memories are now replaced with hostility and contempt. But when children are involved, the one aspect more difficult than the divorce itself, is successfully co-parenting children together. How do you successfully raise children with someone who is no longer part of your life, someone whom you may have even grown to dislike? As family law attorney Jackie Dupler explains, the answer is quite simple, "You have to love your kids, more than you hate your ex!" Read More ›

Categories: Co-Parenting, Custody, Divorce

When is Divorce During the Holidays a Good Idea?

Co-Parenting During HolidaysThis blog was originally published in October 2020 and has since been updated.

Holidays traditionally mean more family time. Yet, divorce may be on your mind this holiday season, and if it is, what should you do about it? There are usually two reasons people do not want to get a divorce during the holidays. First because they do not want to “ruin the last holiday together as a family”, and second because they do not want to engage in a battle during a time intended for peace, family, and love. Read More ›

Categories: Divorce

Get to Know Your Family Law Advocate: Jackie Dupler

Jackie DuplerIn late August, Foster Swift welcomed attorney Jackie Dupler as a member of the firm’s Family Law Practice Group. Jackie recently sat down for a Q and A session with the firm's Business Development team to discuss her practice areas along with her perspective on being a family law attorney. Read More ›

Categories: Custody, Divorce, News

Can't Agree on Sending Children Back to School?—Seek Legal Counsel

If there is one thing that we have learned from the last six months, it is that the current pandemic has changed nearly all aspects of how we live our lives. One major issue that divides many is whether or not to send children back to school for in-person learning with COVID-19 continuing to surge across the country. Read More ›

Categories: Custody, Divorce

What do I do now that I have to follow COVID-19 related orders?

Father Leaving, Hugging DaughterThis blog has been updated with new information since its original publication. Due to rapidly changing laws and regulations surrounding COVID-19 matters, please consult your attorney or advisor for the latest information before taking any action.

You know that you want to see your child, but are uncertain of whether that is the right thing to do. Following the law means following orders. Co-parenting in today’s world means that orders include not only the Judge’s orders related to custody and parenting time in your case, but the Executive Orders of our Governor. Can doing what is right still mean doing something different? Read More ›

Categories: Custody, Post Judgement