Coquitlam Family Lawyers | Laughlin & Company Lawyers Mediators Port Coquitlam Wed, 22 Aug 2018 20:12:15 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.3 Filing For Divorce: What You Need To Know https://www.laughlinlaw.ca/filing-divorce-need-know/ Wed, 22 Aug 2018 20:12:15 +0000 https://www.laughlinlaw.ca/?p=3057 1. Don’t Foresee “A Winning Conclusion” in the Divorce Proceedings Many people file a divorce and consider they would “defeat” their spouse in the court case. In reality, divorce is a complex system with no real winners in most cases. There are many issues in a divorce, like claiming child custody, distribution of assets, or […]

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1. Don’t Foresee “A Winning Conclusion” in the Divorce Proceedings

Many people file a divorce and consider they would “defeat” their spouse in the court case. In reality, divorce is a complex system with no real winners in most cases. There are many issues in a divorce, like claiming child custody, distribution of assets, or sharing of property. It is hardly possible for spouses to get everything they desire out of the divorce. In some case, a spouse may win the custody of a child but fail to get sufficient financial support, as filed for in the case. Divorce is not a process that guarantees any winner as both parties have to compromise. Instead, you should focus on the way to end the process smoothly without having to spend thousands of dollars on a complicated court case.

2. Don’t Jump to Decisions Without Thinking and Taking your Time

A divorce is a life-changing decision that has financial, emotional and legal complications. For example, you may need to sell your family house after a divorce or relocate. You may lose custody of your children or face financial burdens to raise them. It is therefore essential not to take a decision in the heat of the moment and think rationally about all possible outcomes of a divorce and then proceed.

3. You Are Separating: Your Kids Are Not

It’s understandable to have your temper hit the roof in heated divorce arguments. However, saying anything against your spouse while your kids are present is uncalled for and can have a negative psychological impact on the children. Prolong fights of parents during the divorce can be damaging to the emotional stability of the children. Refrain yourself to say anything insulting to your spouse in the presence of your children. Although divorce is not an ideal time to collaborate, you will be sharing the custody of your children with your spouse, so it is practical not to discourage discussions with your spouse and allow your children to have a healthy bond with both parents post-divorce.

4. Listen to Others, But Make your Own Decision

You will find your divorced friends reaching out to you with suggestions and opinions on how you should deal with your divorce. While you should listen to the experiences of others, you must make your own decisions as divorce is not the same for all cases. Your circumstances may be different from your divorced friends, and you should not generalize the process. The only person other than yourself who can guide you best on divorce issues is your divorce lawyer, your financial adviser or people who are living with you and are familiar with your family history and reason to file the divorce.

5. Stop Living in the Past. Plan for What’s Ahead.

You should not obsess on all the reasons that led to the filing of the divorce. Focusing on the past is not only hurtful but will not allow you to proceed with the divorce peacefully with your partner. Whatever the reason was, you have taken the decision and must work with your spouse to plan the best outcomes for your children. If divorce is inevitable, then it must not ruin your future life and the peace and prosperity of your family.

6. The Court is Not All That Easy

Trying to negotiate your way out of a marriage is not easy, and often you or your spouse may be tempted to take the case to court. However, bear in mind that court hearings are costlier as not only you have to cope with lawyers fees but the trial of court cases are lengthy. Often the income you claim to get from your spouse is significantly depleted by the time the court reached a decision as you spend thousands of dollars on attorneys. Try to negotiate a divorce settlement out of the courts as it will save you time and money.

7. Consider Other Alternatives

Most people are unaware that there are other alternatives to courts in a divorce case. Some third-party mediators can be contacted, and they are specialist in handling divorce negotiations and help the spouses reach an agreement.

Another approach is going for a “collaborative divorce” in which the spouses hire a collaborative attorney and decide to settle the divorce negotiation outside the court. A collaborative team consists of attorneys, mental health professionals, mutual financial advisers and they work closely with the spouses to reach terms and conditions that satisfy both spouses without having to file a case in court.

8. Keep all the Facts Open and Do Not Lie to Your Lawyer and Spouse

Your attorney will be able to help you if they are aware of all the key facts and reasons for divorce. Do not hide any details from your lawyer as it can harm your case during your court proceeding. If you plan to negotiate a deal with your spouse through a lawyer, you must clearly explain to your spouse what you need and why it is justifiable. You must not hide information from your spouse as the information may come up during court proceedings and your spouse can backtrack from a negotiation if you are found guilty of hiding facts.

9. Make an Inventory Lists of All items and Prepare Copies for All Important Documents.

You must make a complete list of all items in a house to avoid conflicts over claims later. Take pictures of all items and use time stamps such as newspaper dates to avoid claims that you have taken photos earlier. Prepare documents listing down all assets with their market values. Try to make copies of all important documents as you head for filing a divorce as it will help you present your case better and counter any claims against your belongings later.

10. Have Realistic Goals

Try to foresee a realistic divorce outcome and do not look for any favors inconsistent with the court laws. You need to sit with your lawyer to understand your case, its legal implications and how it will proceed in the court hearings. This will prepare you to deal with court rulings that may not be completely in your favor.

Family Lawyer Coquitlam

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

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Changing circumstances may justify child support modification https://www.laughlinlaw.ca/blog/2017/07/changing-circumstances-may-justify-child-support-modification.shtml Wed, 05 Jul 2017 20:58:50 +0000 https://laughlinlaw.ca/?p=291 On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, July 5, 2017. British Columbia authorities recognize the fact that circumstances change in the lives of divorced parents and allow them to petition the court to make certain modifications under complex child custody rights. If a parent who has to pay […]

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British Columbia authorities recognize the fact that circumstances change in the lives of divorced parents and allow them to petition the court to make certain modifications under complex child custody rights. If a parent who has to pay child support becomes unemployed has significant unanticipated medical expenses or for any other reason becomes unable to comply with a child support order, he or she may seek a modification of the court order. However, this is not easy, and it will require ample proof to be provided to substantiate a claim of undue hardship.

Another instance that may lead to a request to end child support is when a child becomes self-sufficient. British Columbia regards children to be old enough to care for themselves once they turn 19 years old. That is called the age of majority, and a parent’s child support obligations typically end at that time. Some circumstances may require the continuation of child support payments beyond a child’s 19th birthday. These include a child that continues to be a full-time scholar or one who is ill or disabled.

However, the court will allow child support payments to stop before the age of majority if he or she becomes independent and no longer needs parental care. Such circumstances could include the child moving in with somebody who provides for him or her, or if the child leaves the family home with no inclination to return. A child who lives separately and has employment that enables him or her to live without financial assistance from his or her parents before turning 19 is independent, and the court may cancel the child support order.

A British Columbia parent who has a court-ordered child support responsibility may not decide to stop paying without the court’s permission. For any changes to child support, or to cease payments, the parent must go to court and provide substantiating proof that a child has become independent or that changed circumstances would cause undue hardship if child support payments continue. This is a complicated field of the law, and the support of an experienced family law lawyer, like Laughlin Law, may ease the process and lead to an acceptable new arrangement.

Family Lawyers Coquitlam

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

Source: bc.familieschange.ca, “Are there exceptions to how much a parent has to pay?“, Accessed on June 30, 2017

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High-asset divorce need not be a high-priced process https://www.laughlinlaw.ca/blog/2017/06/high-asset-divorce-need-not-be-a-high-priced-process.shtml Tue, 27 Jun 2017 22:17:28 +0000 https://laughlinlaw.ca/?p=379 On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Tuesday, June 27, 2017. When wealthy British Columbia residents file for divorce, they typically have different concerns than those with more typical incomes. For most people, the costs of a divorce are the primary concern, and litigation is often too expensive. When […]

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When wealthy British Columbia residents file for divorce, they typically have different concerns than those with more typical incomes. For most people, the costs of a divorce are the primary concern, and litigation is often too expensive. When it is a high-asset divorce, the process is usually affordable, and the concerns of both parties are often more focused on protecting their wealth.

However, even a high net-worth couple can limit the costs of a divorce if they are able to avoid litigation. Collaboration or mediation are alternatives that allow divorcing couples to maintain control of the outcome — something that may be lost if the judge is the one to make important decisions that can affect post-divorce financial stability. The level of a couple’s wealth should not determine their ability to negotiate contentious issues and compromise when necessary.

Another process that can save significant amounts if avoided is valuation battles. Going to court to fight these battles can ruin anyone’s finances, while the services of forensic accountants can obviate the need to litigate. Spending thousands of dollars to seek hidden funds is also best avoided unless there is definite proof rather than gut feelings.

The truth is that any British Columbia couple committed to resolving their divorce issues without litigation may be able to save hundreds of thousands of dollars along with a lot of time and trauma. However, a vital ingredient in this recipe is an experienced divorce lawyer who is skilled in navigating a high-asset divorce. Such a professional will have the necessary resources to get valuations and assessments done. These may include forensic accountants, tax advisors, realtors and more.

Check us out if you have any questions about family law:

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

Family Lawyers in Coquitlam

Source: theglobeandmail.com, “Note to wealthy people considering divorce: Stay out of court“, Danielle Boudreau, Accessed on June 23, 2017

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Parenting coordination may limit child custody disputes https://www.laughlinlaw.ca/blog/2017/06/parenting-coordination-may-limit-child-custody-disputes.shtml Wed, 21 Jun 2017 22:18:29 +0000 https://laughlinlaw.ca/?p=382 On behalf of Laughlin & Company Legal Attorneys posted in Child Custody on Wednesday, June 21, 2017. The fact that divorced British Columbia parents presented a parenting plan to the court and had it approved does not mean all will proceed smoothly. Life is full of unexpected turns and events that may require modifications or adjustments […]

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The fact that divorced British Columbia parents presented a parenting plan to the court and had it approved does not mean all will proceed smoothly. Life is full of unexpected turns and events that may require modifications or adjustments to carefully devised schedules and plans. While parents may find it easy to cope with minor changes to their child custody and parenting plans, modifications that are more complicated may lead to disputes or contention.

It is in times like these when the responsibilities of a family lawyer such as those at Laughlin & Company Lawyers Mediators can be invaluable. They focus on resolving child-related issues by providing divorced parents with a platform for mediated negotiations. In most cases, their skilled guidance leads to compromise and the development of adjusted parenting schedules that suit both parents while still focused on the best interests of the child.

However, some issues can cause ongoing conflict between former spouses. These may involve extracurricular activities, contact with extended family members and other unanticipated events. Laughlin & Company can arrange parenting coordination to shield conflicting parents from each other by acting as a barrier when they express their opinions. A parenting coordinator facilitates communication and aims to help families learn how to work through day-to-day issues without antagonism.

Divorced couples in British Columbia may find that the professional but personalized approach of the legal team at Laughlin & Company Lawyers Mediators can help them master the skills of negotiation through communication and compromise. Many find this to be empowering, knowing that they can manage to resolve day-to-day parenting issues that are common in any family. With such professional guidance, child custody issues need not jeopardize post-divorce parent-child relationships.

Family Lawyers Coquitlam, BC

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

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Division of property: Are cash divorce settlements taxable? https://www.laughlinlaw.ca/blog/2017/01/division-of-property-are-cash-divorce-settlements-taxable.shtml Tue, 31 Jan 2017 22:42:12 +0000 https://laughlinlaw.ca/?p=436 On behalf of Laughlin & Company Lawyers, Mediators posted Division of Property on Tuesday, January 31, 2017. When a married or common-law couple in British Columbia decides to go their separate ways, it may be wise for each party to retain legal counsel to provide guidance during negotiations. Division of property can be a complicated […]

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When a married or common-law couple in British Columbia decides to go their separate ways, it may be wise for each party to retain legal counsel to provide guidance during negotiations. Division of property can be a complicated process, and ignorance of tax and other laws may have unanticipated consequences. An experienced divorce lawyer can explain the tax implications of any monetary offers made by the other party.

A woman recently asked a question about the tax consequences of accepting a cash settlement offer from her former husband. She wanted to know about her tax liability on such a settlement, and whether her ex could use it as a tax deduction. The Real Property Tax Act governs transfers of property between spouses, and the Canada Revenue Agency enforces it. Furthermore, the laws of the various provinces and territories vary with relation to equalization or division of marital property.

Any cash settlement offered for marital property or equalization will not be taxable for the receiver or tax deductible for the giver. The same will apply if it was offered as a lump sum payment for support. However, documenting any payment made during a divorce or separation is best recorded in a legal separation agreement.

This is a complicated field of the law, and securing the support and guidance of an experienced British Columbia divorce lawyer can prevent unanticipated complications. A skilled legal representative can explain the tax implications of any settlement amounts paid or offered during the division of property. The attorney can also document the payments in a separation agreement in a manner that complies with the requirements of all applicable laws.

Source: moneysense.ca, “Do I need to pay tax on my divorce settlement?“, Debbie Hartzman, Jan. 20, 2017

Family Lawyers in Coquitlam

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

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Divorce mediation: Can a mediator also be legal advisor? https://www.laughlinlaw.ca/blog/2017/01/divorce-mediation-can-a-mediator-also-be-legal-advisor.shtml Thu, 05 Jan 2017 22:50:31 +0000 https://laughlinlaw.ca/?p=445 On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, January 5, 2017. British Columbia residents who are considering ending their marriages might have heard that they can avoid the costs and trauma typically associated with litigation. Opting for divorce mediation can provide a platform for peaceful negotiation by which both […]

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A beautiful family who don't need a family lawyer quite yet

British Columbia residents who are considering ending their marriages might have heard that they can avoid the costs and trauma typically associated with litigation. Opting for divorce mediation can provide a platform for peaceful negotiation by which both spouses have the opportunity to discuss their concerns. A qualified divorce mediator will facilitate the negotiations and encourage communication — and compromise when necessary — to help couples reach agreements that suit all concerned.

However, even though a divorce mediator can be a qualified lawyer, to avoid a conflict of interest, he or she may not give legal advice to either spouse. For that, and for valuable input, each party may have his or her legal representative present during mediation sessions. So, how can the mediator help? The experience of a qualified divorce mediator allows him or her to explain the laws related to property division, spousal support, child custody and child support.

After assessing the family dynamics, the mediator can make suggestions that may guide spouses to resolve their issues. These may include parenting plans, and although the court makes decisions about child support, spouses may discuss additional payments. The same goes for spousal support, financial decisions and property division for which couples may find their own solutions. Once the parties understand the laws related to these issues, it may be empowering to be able to make these decisions together rather than leaving it to a judge who has no intimate knowledge of the family.

Throughout negotiations, the respective lawyers can ensure their clients have fair participation. If couples can agree on all issues, their respective divorce lawyers can make sure the settlement agreement complies with the laws of British Columbia. However, if some issues prove unsolvable, couples may choose to let the court decide on those and then come to divorce mediation to draft a final agreement which the lawyers can present to the court.

Source: divorcesupport.about.com, “What Legal Issues Can a Divorce Mediator Discuss?“.

Ask a legal question? Call Laughlin Law!

Family Lawyer Coquitlam

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

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Planning is a crucial step in the mediation process https://www.laughlinlaw.ca/blog/2016/08/planning-is-a-crucial-step-in-the-mediation-process.shtml Fri, 12 Aug 2016 18:18:55 +0000 https://laughlinlaw.ca/?p=509 On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, August 12, 2016. The mediation process is often a faster, more cost-effective method of getting through all the points in your divorce. If you are planning on going through mediation, you should make sure that you are properly prepared before you head to the first […]

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The mediation process is often a faster, more cost-effective method of getting through all the points in your divorce. If you are planning on going through mediation, you should make sure that you are properly prepared before you head to the first session, as well as subsequent sessions if more than one is necessary.

You must mentally prepare for the mediation session before that first session. This is a big point because how you mentally prepare can have an impact on how you handle the negotiations that are part of the process. You have to be ready to negotiate on the points that come up. Compromise is the key to mediation, so you can’t go into the meeting thinking that you are going to get your way on every point. You can’t let your emotions, such as anger, rule you during the mediation process.

Another important consideration is the financial aspect of the divorce. You need detailed financial records so that you can get moving on the property division process. Planning a budget for when you are a single person can often help you in this portion of the mediation process. Your budget lets you know what you can afford, which can help you to know if you are able to afford assets that require upkeep and have other expenses.

Make a list of the concerns that you have. By writing down your concerns, you can make sure that you have those addressed during the divorce negotiations. If you want, you can make a list of points that you think you need to hold firm on and points that you are willing to negotiate on. This can let you start your negotiations a bit higher than what you are willing to accept.

During the process, you can ask to speak to the mediator and/or your attorney in private. This might help you to discuss problems that are sensitive in nature. This also gives you the chance to get answers to any questions about your rights or obligations answered.

Source: The Huffington Post, “How to Prepare for Your First Mediation Session — Your Eight Steps Plan,” Dr. Michelle Rozen, accessed Aug. 12, 2016

Family Lawyers Coquitlam

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

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Legal separations and child support https://www.laughlinlaw.ca/blog/2016/08/legal-separations-and-child-support.shtml Thu, 04 Aug 2016 21:07:30 +0000 https://laughlinlaw.ca/?p=318 On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, August 4, 2016. A legal separation is an option that many people explore, either as a trial period to see if the divorce is really what they want or for other personal or financial reasons. However, it’s important to understand that […]

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A legal separation is an option that many people explore, either as a trial period to see if the divorce is really what they want or for other personal or financial reasons. However, it’s important to understand that a legal separation is not the same as “taking a break” or having an on-again-off-again relationship with someone.

Just like a court order for a divorce, a separation agreement must be followed or modified if need be through the proper legal channels. This is why it’s very important to understand exactly what you’re agreeing to and what you will need to do later on if there is an issue.

Because those who choose to go through a separation instead of a divorce are still legally married, there are many misconceptions about what can be done with finances. For instance, child support may still come into play even though the marriage is technically intact. This is because the parties will be maintaining separate households, which means more expenses. If child support would have been awarded in the event of a divorce, it is likely to also be a factor in the separation.

If you are interested in a legal separation but aren’t sure if it’s a viable option for your situation, it’s important to start off by talking to a lawyer about your rights, choices and expectations. This ensures that you understand the differences between the separation and a divorce, the issues unique to a separation and what you may need to do later on if you decide to completely terminate the marriage.

Family Lawyer Coquitlam

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

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