How to Handle Post-Divorce Legal Issues

Even after the divorce decree is finalized, some families have disputes over its execution that need to be settled in Court. As an attorney who has spent many years practicing Family Law, I must stress the importance of consulting an attorney, even post-divorce, if legal conflicts within the family arise.

Another important thing to do when legal conflicts arise is to take your divorce decree outside of its safe place and carefully read it over. Any legal argument you will use in Court will start from there. The New York Supreme Court recently ruled in a case that exemplies this. In this particular case, a father was financially supporting his child by providing for her apartment. The father fell behind on his child support payments. When he was taken to Court for his delinquency, he argued that the financial support he provided outside of his set amount of child support should satisfy his obligations. The Court ruled that his financial support of the apartment was a voluntary payment that the Father had chosen to make and therefore could not be used to satisfy the child support obligation that both parties had agreed to in their divorce decree. The primary reason the Court ruled this way can be found inside the parties divorce stipulation. The stipulation included a "Voluntary Payments" clause that stated that any outside payments made to either party could not be used to satisfy the amount of child support they had agreed on.

Cases like these often generate unnecessary legal fees and hostility for all parties. Furthermore, they can be easily avoided by consulting a Family Law attorney any time you have a question about the specifics of your divorce decree. In this particular case, the "Voluntary Payments" clause prevented the father from applying any outside financial support to his child support payments, but he might not have been aware of the legal implications of such a clause. You should expect your attorney to provided a detailed review and explaination of your entire divorce stipulation. Additionally, I strongly advise all of my clients to keep records and hard copy receipts of each and every payment made to the other party. It is always helpful to have an organized and detailed paper trail in case a legal dispute arises.

Infidelity, Stay at Home Parent, or Financially Vulnerable? Consider a Post-Nupital Agreement!

We've written about pre-nuptial and cohabitation agreements, but do you know that many couples are now opting to draw up post-nuptial agreements? A post-nuptial agreement is a legal agreement between a couple that is made after the marriage has already taken place. Couples chose to sign a post-nup for a wide variety of reasons. One common reason that couples choose post-nuptial agreements because one partner has chosen to be a stay at home parent. If the couple decides that one partner will put his or her career on hold in order to stay at home with the couple's children, they may also decide to place the economic protection of a post-nuptial agreement in place. Parents who chose to stay home with their children often not only miss out on their peak earning years but lose time ordinarily spent climbing the career ladder.

If you or your partner has decided to become a stay at home parent, it's easy to protect yourself financially! Your first step should be to consult an attorney who specializes in Family Law. You should explain the specifics of your family's situation. Your attorney can then draft your family's custom agreement. Families can choose whatever financial arrangement is right for them (within the parameters of Family Law) and map out how their assets and the future of your finances in the event of divorce.

Post-nupital agreements have also become popular options for couples who have experienced infidelity. Depending on personal circumstances, couples can draw up anything from a "infidelity clause" in their post-nupital agreement to a shift of assets into the betrayed spouse's name for his or her financial security.

Post-nupital agreements can protect the entire family's financial future and ease the divorce process if it ever occurred. If you are married and in financially vulnerable position as a result, I strongly recommend you look into drafting a post-nupital agreement.

-Kevin P. McKernan

Divorce in the Social Media Age

Divorces are often stressful, conflict filled events. Add technology such as cellphones and social media into the mix and divorce can be downright troublesome. Many people are not aware that what they say or do online can affect life outside the virtual world, especially during legal dispute such as divorce. Here are some helpful tips on what you should avoid doing online during a divorce.

1. Remember that anything you put on Facebook or other social media sites is public and can therefore end up in anyone's hands, even if you enable a "Friends Only" privacy setting. You don't want to look bad in a courtroom when the opposing attorney brings up your not-so-amicable Facebook statuses. You should never share anything on social media that you wouldn't want brought up in a courtroom.

2. Don't forget to change your passwords. Attorneys always advise getting rid of any shared bank accounts or credit cards during your first divorce consultation, but often forget to advise their clients to change their social media passwords. In such an emotionally charged time, one spouse may log into the social media accounts of the other and not only "hack" the account by posting unflattering statuses or comments but read private messages. You should also think about how you plan on separating things like cell phone service accounts. These contracts can often be expensive to break, so try to plan for the financial hit.

3. Remember that your soon-to-be-ex may also post unflattering things online. Facebook, Twitter and/or other social media updates can and have be used as evidence that a particular person is lying to the court. There have been countless divorce cases where one partner tries to hide certain assets or income from the court in order to look financially destitute when he or she isn't. If your soon-to-be-ex is claiming unemployment while uploading pictures of brand new vehicles to Facebook, you can submit that evidence into court.

4. Texts and e-mails are also admissible as evidence. Use caution when sending your soon-to-be-ex or even mutual friends texts or emails about things pertaining to your divorce. Remember, almost anything you write can be used in court.

If you keep these tips in mind, you will be able to avoid unnecessary stress during the divorce process. Remember, if you have any questions or concerns during the divorce process, you should consult with your lawyer before you take any action.

Pre-Nuptial Agreements are Important!

In the past, a "pre-nuptial" was considered to be sensitive conversation topic with a decidedly negative association. Celebrities or those born into fortunes were the only people who signed pre-nupital agreements. Today, pre-nuptial agreements are now considered truly smart financial planning for the future. With couples now facing a 50% divorce rate and increasingly complex financial dynamics, it is incredibly important to draw up a pre-nupital that will protect the future of both you and your soon to be spouse.

Pre-nuptial Agreements are legal agreements drawn up before a couple is legally married that outlines how the couple's finances will be handled in the event of a divorce. Pre-nupital agreements are useful because they capitalize on the good will a couple has in plenty while in their honeymoon stage. This is the ideal time for the couple to work together as partners and come to a financially sound and fair agreement for both parties. If the relationship does come to an end, not only will the couple experience reduced stress since there is no need to work out the financials, but both partners will be protected.

As an attorney, I recommend pre-nuptial agreements for all my clients, but pre-nuptials are especially important for couples who are planning on bringing assets into the marriage. Some clients mistakenly believe that only those with large or significant assets need a pre-nuptial agreement, but this is a common misconception. Pre-nuptials are a great way to protect your hard-earned assets if a "worst-case" scenario arises, so why not make sure your future is safeguarded? Pre-nuptial agreements are also important for those who have children from a prior relationship, those who will be receiving an inheritance, and those who are financially supporting their partner through university or professional school. Basically - if there are factors that could financially complicate your marriage, it is better to work them out and set them onto a legal document now.

Another great thing about pre-nuptial agreements is that they are easy to draw up. Those looking into pre-nupital agreements simply need to contact a lawyer who is well-versed in the family law of your state to discuss your options and what you kind of stipulations you personally would like in your pre-nuptial. You are able to customize your pre-nupital agreement to include stipulations about your pets, living situation, and even infidelity. A lawyer should be able to write the specifications you desire into your agreement and answer any questions you and your partner may have.

 If you have any further questions or concerns, feel free to reach me at my office.

- Kevin P. McKernan

Love and Warfare: Who Keeps the Engagement Ring in the Event of a Breakup?

They say love is eternal, but sometimes it just doesn't last. Each year, thousands of engaged couples across the United States decide to end their engagement. After the confusion and chaos of the breakup subsides, the question often becomes "What happens to the engagement ring?". An engagement ring is often representative of many weeks of the future groom's income and therefore a valuable and sought after item by both parties. Lucky, the courts in both New York and New Jersey have made it clear what the law dictates in this difficult situation.

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