Archive for month: January, 2016

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Mediation and property division

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Friday, January 29, 2016.

When a couple divorces, one of the most difficult things to deal with can be property division. If you and your soon-to-be-ex can’t stand to even be in the same room together, negotiating who gets what property can be truly frustrating.

At Laughlin & Company Lawyers Mediators, we work with our divorcing clients to minimize the stress and frustration so common in divorce. We provide a variety of options for determining property division as well as child custody, child support, and spousal maintenance. Even if you did not have a marriage agreement in place, a mediated divorce can save you time and money.

Mediation is voluntary, but it can often keep a court from having to decide who gets what. Mediators are not on one party’s side or the other — they are impartial and fair. By putting a mediator’s skills in negotiating to work, couples can come to an agreement that the court will uphold. After mediation is over, both parties are then advised to have their own lawyers review the final settlement to make sure their rights are protected.

If mediation does not work, then the matter will go before the court. The judge will divide most of the assets and debts equally. That may or may not be a fair solution for you and your ex, depending on your assets and debts.

Property division can be even more complex if there are numerous real estate properties, investments or collections that must be divided. We will work diligently to make sure you get your fair share.

To learn more about property division, please visit our webpage on this and other divorce topics.

Family Lawyers Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca/

When does a child get to pick which parent to live with?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, January 19, 2016.

Children often have strong feelings when their parent’s divorce, and it can be very difficult for them not to feel like they have to take sides. Even when both parents are making every effort to keep the best interests of the children as the main priority, it’s normal for there to be some issues that come up as time passes.

One common issue is that the child wishes to decide which parent to live with or wants to stop visitation with the noncustodial parent. Many people are under the misconception that there is a certain age at which the courts allow the children to choose which parent they want to live with. However, this is not actually the case.

There is no set age when a child’s wishes become a determining factor in a custody case. If the child is old enough to form one’s own opinions based on reason and not just emotion and can articulate those opinions to the family courts, the child’s wishes may be considered. However, it’s important to understand that they are only taken into consideration and just because a child wishes to live with a certain parent does not mean the courts will agree.

The courts are always and only concerned with the best interests of the child, and in many cases, the children may not be mature enough to have the foresight to understand what is truly best for them. The courts must also watch out for signs of parental alienation or one parent attempting to turn the child against the other.

Source: Family Law in British Columbia, “Parenting, custody & access,” accessed Jan. 19, 2016

Coquitlam Family Lawyers

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca

Divorce mediation may be right for you

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, January 14, 2016.

In order to get a divorce, you might think that you can snap your fingers and it will happen. There are actually timeframes that are constructive to getting a divorce. It can be an emotional time and divorce mediation may be the way that you want to proceed.

If you and your spouse don’t hate each other and want to get a friendly divorce, mediating between you, your spouse and both of your lawyers can be a good idea. There are some things you need to do before the divorce is final. The first step is living apart. You must have lived separately for at least a year before filing for a divorce. This gives you plenty of time to work out the details of the divorce, things like property distribution and child support and custody. One way to speed things up is to prove that one of you was abusive or committed adultery. This makes it a quicker process.

Step two is filling out a form and filing it at the British Columbia provincial or territorial ministry of justice or the attorney general’s office. Your lawyer can do this for you. This way, you know it is done correctly.

You can file for an uncontested divorce. This will ensure that the separation happens in a timely manner. You submit the divorce application on behalf of both of you. Again, your lawyer can do this for you. Your application can be filed in British Columbia and will be reviewed by the Divorce Registry. This office sends notice to your spouse who has 30 days to contest it.

The fourth step is to complete all the paperwork that needs to be submitted. This includes Affidavit for Divorce, Clerk’s Certificate, and A Divorce Order.

One month after the Divorce Order is issued you can get your Certificate of Divorce. This is a process typically requiring the assistance of a legal professional.

Source: FindLaw, “Five steps to a quickie divorce,” accessed Jan. 14, 2016

Coquitlam Lawyers

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

Seriousness of child support arrears

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, January 7, 2016.

Statistics show that close to two-thirds of Canadian child support payments are in arrears, amounting to nearly $3.7 billion. In British Columbia, parents owe $538 million in past due child support. While the reasons for these past due payments may vary greatly if more parents exercised their legal options this figure could likely be substantially decreased.

While much of the legal system is geared more toward making sure those who are on the receiving end of the child support payments get their monies, those who are unable to make their payments also have some legal options. The challenge is that it can be very difficult to convince these parents to go into the courts and explain their situations. Many believe that the courts will not care about their circumstances or that they will start enforcement procedures against them by doing so.

Unfortunately, ignoring the issues doesn’t help either. Unpaid child support payments will eventually be acted upon by the child support enforcement agency, and enforcement methods run the gamut from wage garnishment to revoking a driver’s license. To avoid these consequences, it is crucial to talk with a lawyer about your legal options and how best to go about trying to present your case to the courts.

Having experienced legal representation by your side takes some of the stress and anxiety out of the situation and can help ensure you are well informed and prepared going forward. It also ensures that you fully understand the pros and cons of any action and can get all of your questions answered before deciding on an option.

Lawyers Coquitlam

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