Archive for month: August, 2015

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Can adultery affect my divorce?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, August 28, 2015.

The list of email addresses hacked from the adultery site Ashley Madison is slowly making the rounds in the media, and those who find their spouses on the list may find themselves suddenly contemplating the end of their marriages. While infidelity is certainly one reason many couples choose to part ways, there are some important things to keep in mind.

To get a divorce in Canada, you need to show that there was a breakdown in the marriage. Normally, couples have to have been living apart for at least a year before a divorce can be granted, but this requirement is waived in cases of infidelity. If you can prove that your spouse did have a physical affair, it may mean a quicker, easier divorce and less time spent in the emotional upheaval of the legal process.

However, if you are thinking about using the fact that your spouse had an affair against him or her in the divorce, for grounds other than just to prove infidelity, it’s important to understand that legally the fact that your spouse was unfaithful doesn’t have much bearing. The Canadian courts will not use proof of an affair to penalize someone in the areas of child support, spousal support, custody or visitations schedule.

That being said, the larger circumstances surrounding the affair may come into play, and that’s one reason why it’s important to discuss your case with a lawyer. Sometimes the money spent on the affair can have an effect on the property division settlement, and it may be of use in any mediation discussions as well.

Source: The Huffington Post Canada, “How Would Finding Your Spouse on the Ashley Madison List Affect Your Divorce?,” Andrew Feldstein, Aug. 21, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Kelly Rutherford ordered to return children to father

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, August 21, 2015.

While any custody battle can be very difficult for a parent to deal with, particularly in the case of a noncustodial parent who is trying to win more access to the children, it’s important to keep in mind that respect for the courts, judges and their orders can go a long way. Defying a court order or publicly disparaging a court official could have repercussions down the line.

Kelly Rutherford has been very vocal about her custody battle with ex-husband Daniel Giersch, which was spanned two countries and seven years since the couple first separated. After the children were able to come to the United States to visit their mother over the summer, Rutherford initially defied an order to bring the children to court so that they could be returned to Monaco, where they reside with their father.

Rutherford explained her reasoning for refusing to return the children to the media, saying “I have decided that I cannot lawfully send my children away from the United States to live in a foreign country.” However, one of the judges involved in the case was not pleased at her refusal, and Rutherford did eventually produce the children and send them back to Monaco, where the case will now be continued.

It’s common for one or even sometimes both parents to disagree with a court’s ruling, but it’s important to use a lawyer and go through the proper channels when attempting to appeal a ruling or petition the courts for further action. Failing to do so can cast the parent in a negative light and present the parent as adversarial to the coparenting process.

Source: Global News, “‘Gossip Girl’ star Kelly Rutherford forced to return both children to father overseas,” John Hadden, Aug. 12, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

How mediation can help with back-to-school struggles

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, August 14, 2015.

Even though the summer visitation schedule has hurdles of its own, such as coordinating vacations and keeping a routine during the lackadaisical summer days, it’s often easier to keep your cool and negotiate with your ex when you don’t have to deal with getting sleepy teenagers out of bed at 6 a.m. The school year is jam-packed with homework that has to be signed off on, tests to study for, club meetings to attend and trying to fit in parenting time. All of this can add up to increased tensions and put even the most civil of couples on edge.

If you find yourself at odds with your ex and unable to negotiate a middle ground on your own, the mediation process may be able to help. Court battles are often quite lengthy and expensive, but mediation is an alternative that lets parents use lawyers and a third party to attempt to work out a settlement that is agreeable to both parties.

For mediation to work, everyone involved has to understand that the goal is to work together. An adversarial attitude and an uncompromising intent won’t get you far in mediation. Mediation also requires that both parties have the best interests of the children at heart and have a genuine wish to come to an agreement that works for both parents and the children involved.

At Laughlin & Company, our staff is well versed in the mediation process and how to negotiate an agreement while still protecting your parental rights and interests. Talking with one of our lawyers is the first step to learning more about mediation and what it can do for you.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Miranda Lambert and Blake Shelton announce divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Friday, August 7, 2015.

Taking precautions before you get married to protect your assets is one of the most important things anyone can do. A prenuptial agreement, while not pleasant to deal with when you’re envisioning spending the rest of your life with someone, can take the fights over who will get what out of the equation so you can focus on navigating this very difficult time.

Country music couple Blake Shelton and Miranda Lambert are finding this out for themselves after announcing on July 20 that they had divorced. The couple had been the subject of divorce rumors almost from the moment they were married, but it seems there will be relatively little media fodder as the couple had a prenuptial agreement, known as a marriage agreement in Canada.

When a divorce is handled quickly and without any battles over assets or money, those involved are also able to begin the healing process and move on with the next chapter of their lives faster as well. However, in some cases, even with a marriage agreement there may be issues that require more involvement from the courts.

If a marriage agreement is contested or is found to be invalid by the courts, it may mean that the couple has to go through the usual process for deciding how to split the marital assets. Whether you are dealing with a contested marriage agreement or are dealing with a standard property division situation, a lawyer can help you understand your options and work with you on deciding how to move forward to protect your interests in a high-asset divorce case.

Source: CBC, “Blake Shelton and Miranda Lambert divorce after 4 years,” July 20, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370